How to Petition for Guardianship in Nebraska

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When an individual becomes unable to make decisions regarding property or well-being due to age or health, a guardian may be needed. Nebraska has different options for assisting someone who needs help maintaining his life. The person may create a durable power of attorney, which grants you power to make decisions if he becomes physically or mentally incapacitated. Power of attorney allows you to make decisions on someone’s behalf. Seeking guardianship is another option in Nebraska. To obtain guardianship over an adult, you must go through a legal process.

Discuss the different types of guardianship with your family. Guardianship consists of two types: estate and person. If you’re a guardian of an estate, you have the power to make decisions about an individual’s finances. Acting as a guardian of person allows you to make decisions about the person’s health and well-being, such as medical care.

Create the guardian petition. You have two options: pay a lawyer or do it yourself. If you write the document, you can use an online form or use a legal book with blank forms.

File the petition with the local court. You must go to the probate court in Nebraska where the person lives to file the petition.

Tips

  • When seeking emergency guardianship, you must include a petition for temporary guardianship. The court either grants a hearing to grant the power of a guardian or enters an ex parte order. An order and letters of temporary guardianship specify what duties and authorities you have, like estate or person guardianship. Typically, temporary guardianship lasts for approximately 10 days, but a judge can extend it for approximately 90 days.

    If a judge grants a hearing on temporary guardianship, the hearing generally occurs within 10 days of the day you file your petition.

    You can petition to obtain both types (estate and person) of guardianship over an adult.

Warnings

  • Nebraska protects the rights of the person you’re seeking guardianship over. For instance, Nebraska requires a county sheriff to hand deliver a written notice to the individual you’re requesting guardianship of. Nebraska also allows a judge to provide the person a lawyer so he can fight the guardianship.

    Even if you receive temporary guardianship, a guardianship hearing still occurs. During a guardianship hearing, a judge listens to testimony from you, witnesses and the individual you’re seeking guardianship of. The judge can grant or deny your petition request.

    If a judge determines guardianship isn’t needed, you lose your petition request and the individual doesn’t have a guardian.

References

About the Author

Demetrius Sewell is an experienced journalist who, since 2008, has been a contributing writer to such websites as Internet Brands and print publications such as "Cinci Pulse." Sewell specializes in writing news and feature articles on health, law and finance. She has a master's degree in English.

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