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Nebraska Guardianship And Conservatorship Legal Questions

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6 legal questions have been posted about guardianship and conservatorship by real users in Nebraska. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.

Choosing a Guardianship Successor via Will

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
No and no -- but. While only a court can appoint a guardian, your father and the proposed new guardian can apply to have your father replaced now.  
No and no -- but. While only a court can appoint a guardian, your father and the proposed new guardian can apply to have your father replaced... Read More

Guardianship set up to be automatically transferred upon death

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
No.  Only a court can award a guardianship.  The current guardian cannot choose a successor.
No.  Only a court can award a guardianship.  The current guardian cannot choose a successor.

I need POA of my fiance she can not communicate currently

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
At this stage your finance does not have legal capacity to grant you either a Medical or a Durable [Financial] Power of Attorney.  Like her brother, you can apply to become her guardian.  But since you are the finance, not the spouse, you do not have priority. 
At this stage your finance does not have legal capacity to grant you either a Medical or a Durable [Financial] Power of Attorney.  Like her... Read More

My dad suffered a traumatic brain injury in 2018. My stepmother has guardianship I believe. Can my brother and I obtain this from her.

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
While a spouse generally has priority for guardianship, first check the local probate records to determine whether a guardianship was in fact awarded to your stepmother.  Few states, if any, specify the legal capacity required to sign a HIPAA Medical Information Release.  If your father can sign one, it should allow the doctors to talk with you. Please note that your stepmother may not want to worry you or it may be too painful for her to admit the true situation.  A calm and sympathetic discussion with her may yield more information.... Read More
While a spouse generally has priority for guardianship, first check the local probate records to determine whether a guardianship was in fact awarded... Read More

how can i get my old guardian changced to my new guardian and than have my old cace in Omaha, Ne.droped and changed to Gage county please let me know

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You can write a letter to the Court.  In any event, if you have moved counties, the guardianship should be transferred to the probate court in your new county.
You can write a letter to the Court.  In any event, if you have moved counties, the guardianship should be transferred to the probate court in... Read More

Is it legal for a guardian to deny any emergency healthcare and/or mental healthcare treatment?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
It is not legal for anyone to deny emergency healthcare treatment.  Write to the court which awarded the guardianship and ask to have the guardian removed.
It is not legal for anyone to deny emergency healthcare treatment.  Write to the court which awarded the guardianship and ask to have the... Read More
Guardianship and Conservatorship
Nebraska

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