Many individuals have a relative, family member, or loved one who suffers from a developmental disability or eventually becomes unable to make personal decisions in their best interest due to age. In these instances, it is important to set up a legal guardianship so you can adequately care for this person. At Berry Law, our team of Omaha guardianship lawyers have experience helping clients become the legal guardian of loved ones. If you are considering these actions, our dedicated elder law attorneys can help.
What is a Guardianship?
A guardianship (sometimes called “guardianship of the person”) is a legal representation whereby the court orders an individual the legal authority to make decisions on behalf of another individual (called the “ward”) when they are not able to make decisions in the best interest of themselves. An individual must meet the legal definition of incapacity to quality for a guardian. The process of becoming a guardian is very important for any individual looking to protect another person’s well-being. The Omaha guardianship attorneys at Berry Law Firm are equipped to make the legal process seamless.
Often, guardianships are established because an adult child’s parent is no longer able or fit to care for themselves. Incapacitated means that a person cannot make decisions regarding their own personal health and well-being, so these decisions must be made by another person—a guardian. It is important to note that a guardian does not have control of the protected person’s finances. However, state law or the specific terms of the guardianship may authorize the guardian to hold small amounts of the protected person’s funds if no conservator has been appointed and the protected person does not have a durable power of attorney.
Why Hire a Guardianship Lawyer in Omaha?
Berry Law can help potential guardians prove that they are in the best position to provide for the care of the ward’s personal and property interests. Berry Law drafts and submits legal documents to the court to set up a guardianship. Our Omaha guardianship lawyers will take you step by step through the legal process, even after a guardian is in place.
A guardianship lawyer assists the petitioner in obtaining their “Letters of Guardianship” from the county court. The “Letters of Guardianship” is a legal document, proving to third parties that an individual has the authority of a guardian. Omaha guardianship lawyers are experienced in following the statutory requirements as it pertains to guardianships.
Who can Become a Guardian?
The guardian should be an individual who is trustworthy, responsible and familiar with the ward. Typically, a guardian is a family member or a close friend of the family that is appointed by the court to make decisions about the ward’s personal affairs, education, healthcare, supervision, and housing needs. Although a guardian is typically related to the family, any competent person or suitable institution may serve as a guardian of an incapacitated individual. It is best if the guardian lives in the same city or state as the ward. The potential guardian must prove that they will act in the best interest of the ward and are in a position themselves to take on the responsibility of another person.
How an Omaha Guardianship Attorney Can Help
When facing the legalese, paperwork, and time-consuming process of filing for guardianship, individuals are often overwhelmed. The process is important in securing a safe future for their loved ones and must be handled delicately, quickly, and efficiently.
By hiring an Omaha guardianship lawyer, you can ensure that all of your legal requirements are met to obtain guardianship. Berry Law’s attorneys are committed to helping individuals obtain guardianship of those they care about. Our team is dedicated to focusing on the legal aspects of guardianship, so you can spend your time focusing on what matters most to you… taking care of a loved one. Contact our team today to set up a consultation and see how our skilled legal team can assist you.