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Nebraska Guardianship Attorneys

In Nebraska, guardianships of minors may come about in a number of different ways. Generally there are appointments made by last will and testament, and in vastly different proceedings, when the court appoints a Guardian because of circumstances that necessitate such appointments.

 

GUARDIANSHIPS UNDER THE UNIFORM PROBATE CODE

Guardianships in Nebraska arise under the Probate Code and in Probate Court, under two general scenarios:

  1. Appointment by Will – The first is that parents can decide who they would like appointed as the Guardian for their child by making that selection in their will. This appointment will then come into effect should the parents die before the child reaches the age of majority.
  2. Appointment by the Court – The court may appoint a guardian when circumstances require the appointment of a third party to protect the health and welfare of a minor child. This is typically done when the parental rights of the minor’s parents have been suspended or terminated by the court. Some of the reasons for suspension or termination include:
  • Sudden illness
  • Incapacity
  • Overseas work
  • Death of the parents
  • Abandonment of the child without pre-arrangement

 

POWERS OF A GUARDIAN OF A MINOR

A Guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child. A Guardian is not legally obligated to provide from his or her own funds for the Ward and is not liable to third persons by reason of the parental relationship for acts of the Ward. A Guardian has the following powers and duties:

a. He/she must take reasonable care of and take steps to protect the Ward’s personal effects.

b. He/she may receive assets payable for the support of the Ward and must apply these assets to the support and care of the Ward.

c. The Guardian is empowered to facilitate the Ward’s education, social or other activities and to authorize medical or other professional care, treatment or advice. When giving consent, the Guardian is not liable for injuries to the minor caused by the negligence of other individuals unless it was illegal to consent. A Guardian may consent to the marriage or adoption of his/her Ward.

d. A Guardian must report the condition of the Ward and of the Ward’s estate which has been subject to his/her possession or control at least annually or at such other times as ordered by the court.

 

WHAT IS A GUARDIAN AD LITEM?

A Guardian should not be confused with a Guardian ad Litem. A Guardian ad Litem is an attorney appointed by the court to represent the minor child’s interest in a custody case. This happens in highly contentious cases during which the court determines the parents are not adequately addressing the needs of the child. The Guardian ad litem acts as legal counsel for the child and may be called upon to make recommendations to the court about various aspects of custody and other custody related issues.

 

CONTACT ONE OUR ATTORNEYS TO FIND OUT MORE ABOUT GUARDIANSHIPS

If you need more family law information regarding a guardianship, call us at 402-509-7033 to schedule an initial consultation. We are a client-focused firm well versed in the legal aspects of guardianships and will be happy to assist you.

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