Guardianship is a legal relationship that gives one or more individuals or agencies the responsibility of the personal affairs of the protected person. This includes making decisions in regards to support, care, health, habilitation, therapeutic treatment, and if not inconsistent with an order of commitment or custody, the residence of the protected person. A conservatorship is limited to the management of the property and financial affairs of a protected person. Many people choose to serve as both guardian and conservator for a loved one who can no longer care for themselves.

The process of applying and maintaining a guardianship and/or conservatorship can include:

  • Creating and filing legal paperwork with the court to show a need for the guardianship and/or conservatorship
  • Attending a hearing with a judge
  • Notifying all interested parties of the proposed guardianship and/or conservatorship
  • Background checks
  • Filing records of the assets of the proposed ward (protected person)

The role of guardian and/or conservator is one that carries with it considerable responsibility as well as considerable rewards. While assuming the role of guardian/conservator may appear to be a daunting task at first glance, the process of appointment and the fulfillment of ongoing duties are not as complicated as they may seem. An attorney with a background in guardianship cases can guide you through every step of the process.

Elder Law of Omaha offers a FREE 30 minute initial consultation.

If you would like to schedule an appointment with one of our attorneys, please call (402)614-6400.