Guardianship & Conservatorship
When a person is unable to make responsible decisions due to their age or physical or mental condition, a petition can be filed to appoint a guardian or conservator. This can be stressful to handle on your own, so let Hightower Reff Law help.
Dedicated Family Lawyers in Omaha
Hightower Reff Law offers legal representation throughout the guardianship or conservatorship process. Our attorneys are experienced and can help you learn more about your legal options.
Our Guardianship or Conservatorship process
The laws in Nebraska require a guardian or conservator to be appointed by the court. In order for someone to have a guardian appointed to them, that person must be declared legally incompetent by the court. If you are involved in a guardianship or conservatorship case, the attorneys at Hightower Reff Law can help you during every step of the process:
- Hire an attorney to discuss the options in your case.
- File all the documented information with the clerk of the courts.
- Prepare for the hearing.
- Attend the hearing.
- Report the status of your guardianship or conservatorship to the court.
The Difference Between Guardianship and Conservatorship
- A guardian is a person appointed by the court to make personal decisions for the protected person. The guardian is typically given the authority to make living, medical, and educational decisions on behalf of the protected person.
- A conservator is a person appointed to make financial decisions for the protected person. The conservator is typically given the authority to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
Whether you become a guardian, a conservator, or both, you can count on our experienced legal help at Hightower Reff Law for all guardianship and conservatorship cases.
Types of Guardianship
The three types of guardianships are guardianship over the person, guardianship over the estate, and guardianship over the person and estate. Hightower Reff Law is practiced in all of these types, so we’ll competently and clearly navigate you through the process.
guardianship over the person
Guardianship over the person refers to when a person is appointed by the court to make personal decisions on behalf of the protected person. This person is given the authority to make decisions about housing, medical decisions, education, and more. The attorneys at Hightower Reff Law can assist you and offer legal help during a guardianship case.
Guardianship over the estate
A guardian of the estate is a court appointed person who helps manage the financial affairs of a property for a mentally incompetent or disabled adult. Court approval is typically needed to spend or sell any of the person’s assets, even after a guardianship is granted. Your lawyer will work with you to explore your options throughout the estate guardianship process.
Guardianship over the Person and Estate
This type of guardianship allows the guardian to make personal, medical, and financial decisions for the protected person. Talk with Hightower Reff Law for legal assistance and help deciding which guardianship is needed for your situation.
Related Family Law Services
Hightower Reff Law is committed to handling every aspect of your guardianship or conservatorship case. Whether you’re wanting to become the guardian or conservator of a person, we can walk you through the steps you’ll need to take during the legal process and offer guidance on issues like their personal, medical, or financial affairs.
Estate Planning & Probate
With estate planning services, you can ensure that the protected person receives his or her inheritance when pursing a conservatorship. We make sure that your legal affairs are in order to give you peace of mind.
When becoming a guardian, it’s important to ensure that the interests of your child are protected. Guardianship is often set up because a minor needs someone to make legal decisions for them. Our attorneys will fight for your child’s rights in court.
Our Family Law Attorneys
At Hightower Reff Law, our experienced attorneys care about your best interests. We’ll provide clear assistance to make your guardianship or conservatorship case smooth.
Frequently Asked Questions
Can the same person be both the guardian and the conservator?
Yes, but the court can also appoint different people to serve as guardian and conservator.
Can guardians handle money?
Guardians are able to handle small amounts of money, such as monthly stipends, Social Security benefits, and VA benefits. If the guardian will need to handle over $24,000 annually, then a judge will appoint a conservator as well.
When is a conservatorship needed?
A conservatorship is appointed when an individual is no longer able to make their own medical or financial decisions. This also means the individual does not have a power of attorney, or the power of attorney is abusing their power.
Contact With Our Team
If you need a guardianship or conservatorship,
give the experienced attorneys at Hightower Reff Law a call for assistance.
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