Nebraska Guardianship Attorneys

Even if you don’t have significant assets, every parent or caregiver should have a plan to make sure their dependents are cared for. Whether you have minor children or are the caretaker for a disabled adult or senior, it’s important to work with a guardianship attorney to designate someone capable of serving as a guardian when you are no longer able.

Choosing a guardian is a personal decision and one of the most important steps you can take to protect your loved ones. If you don’t make this choice, a Nebraska court will decide for you, which can lead to family disputes and the appointment of someone who may not align with your wishes. While there’s no guarantee the court will appoint the person you nominate for serving as a guardian, Nebraska judges typically give weight to the preferences outlined in your will. A guardianship attorney can help you navigate this process and advocate for your wishes.

When to Nominate a Guardian

If you have minor children, it’s important to nominate a guardian as soon as possible. This can be incorporated into the process of drafting your will or creating your estate plan. If both parents pass away or become incapacitated, a court will need to decide who will care for the children. Naming a guardian in your will provides guidance to the court and ensures your voice is heard when determining your child’s future. Consulting with a guardianship attorney can make this process a lot smoother and legally sound.

Responsibilities of a Guardian

In Nebraska, anyone serving as a guardian acts as a substitute parent for minors or disabled adults, taking on responsibilities for daily care and personal needs. However, serving as a guardian does not typically include financial obligations for those under their care. Financial matters, such as managing assets and covering expenses, are handled by a conservator. Depending on your preferences, you can nominate the same person to serve as both guardian and conservator or designate different individuals based on their strengths.

An experienced guardianship attorney can help clarify these roles and make sure that all responsibilities are assigned appropriately.

Supporting Dependents with a Trust

Caring for children or disabled adults comes with significant financial demands. Setting up a trust is a smart way to provide for your dependents while easing the financial burden on their guardian. A trust allows you to set aside money specifically for their care, with a trustee managing the funds in collaboration with the individual serving as a guardian.

This arrangement helps create a clear budget and a process for accessing extra funds when needed, ensuring your dependents’ needs are met without putting undue financial pressure on the guardian.

Why You Should Work with a Guardianship Attorney

Establishing guardianship involves sensitive decisions and complicated legal processes. Working with an experienced guardianship attorney ensures that your dependents are cared for according to your wishes. A guardianship attorney can assist with nominating guardians, structuring trusts, and creating a comprehensive estate plan that aligns with Nebraska laws.

Errors in this process can have lasting consequences, potentially leaving your loved ones without the care and support you intended. A guardianship attorney will help you avoid these mistakes and protect your family’s future.

Whether you are nominating a guardian or need help with serving as a guardian, a guardianship attorney at Nebraska Legal Group will provide you with expert guidance every step of the way. Contact our team to schedule a consultation. Let us help you protect what matters most.