Omaha Guardianship and Conservatorship Attorneys

Ensuring Your Children Will Be Looked After

Many of our clients are familiar with Powers of Attorney. These documents enable an individual (the “Principal”) to designate a trusted family member or close friend as their “Agent,” also known as an “Attorney-in-Fact.” The Agent is authorized to take action and make important decisions on the Principal’s behalf.

There are two different kinds of powers-of-attorney:

  • One covering health care decisions
  • And the other covering financial matters

In most cases, Powers of Attorney are sufficient to ensure the Principal’s needs are met. Sometimes, though, an individual may have lost decision-making capacity before they signed a Power of Attorney.

There may also be disputes when multiple family members share authority under a Power of Attorney, or when there are reasons to question whether the Agent is acting appropriately. In circumstances like these, it may be necessary to establish a Guardianship and/or Conservatorship with the court.

Have questions about guardianship and conservatorship in Nebraska? Call our firm at (402) 810-8611 to schedule your initial consultation today.

Whereas Powers of Attorney are valid once signed by the Principal, a Guardianship or Conservatorship does not take effect until a judge has entered a formal court order to establish the Guardianship and/or Conservatorship. For a court to take such action, the person who wants to serve as Guardian must petition the court to be appointed. The person who is determined to need a Guardian is called the “Ward.”

A Guardian is given power and control over the Ward, subject to statutes and limitations set by the court. A court will sometimes also appoint a Conservator to manage the Ward’s financial matters. Frequently the Guardian and the Conservator are the same person, though not always. A court may decide a Conservator is not necessary in cases where the Ward has few assets and they are spent entirely on their care.

Given the various court hearings and documents involved in a Guardianship or Conservatorship, it is strongly recommended to have an attorney representing you throughout the process. This is especially true when a Guardianship is contested, which means either the Ward does not believe they need a Guardian or there are disputes among family members and other interested parties regarding who would be the best person to serve as Guardian.

Put 200+ Years of Combined Experience on Your Side Today With Burnett Wilson Law

Burnett Wilson Law has expertise in the court proceedings necessary to appoint Guardians/Conservators, reporting obligations that come with such appointments, and navigating disputes that sometimes ensue.

Burnett Wilson Law has extensive experience when it comes to all aspects of the Guardianship process and we work closely with clients to help them understand how a Guardianship/Conservatorship can provide vital support for loved ones in need of extra care.

Call (402) 810-8611 or contact us online to schedule a consultation with an experienced guardianship lawyer in Omaha.

Families We've Helped

  • “David Thompson with Burnett Wilson Law guided us professionally and kindly. He has consistently shown compassion and caring for our family’s well-being.”

    - Greg J.
  • “They were educational, patient, personable and extremely professional!”

    - Shirley C.
  • “They treated us with the utmost respect and professionalism and made a difficult situation easier for us than I expected. I would recommend them for estate planning, and will be using them for my wife and I when we set ours up.”

    - Former Client

What Makes Us Different?

  • Trustworthy

    Backed by decades of experience, we can be trusted to represent your case. Our comprehensive services cover everything you need to successfully settle your legal matter.

  • Respectful

    At Burnett Wilson Law, you’re family. We know this is a difficult time for you and you’re family, and we’re here to help you get through it as smoothly as possible.

  • Approachable

    We are united in our mission to help people overcome legal challenges, and we do so with a level of integrity and respect that can’t be found at just any law firm.

  • Compassionate

    Our compassion for people extends to our personal clients as well as the local community. In addition to our legal work, we serve on civic boards and charitable foundations.

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