Omaha Guardianship & Conservatorship Attorney

Establishing & Obtaining a Guardianship or Conservatorship in Nebraska

When an individual is unable to care for him or herself, either due to age, disability, an impairment, or incapacitation, the court can appoint a guardian or conservator. Guardians and conservators are individuals who have legal authority to provide for another person’s physical and/or financial needs. In addition to being appointed by the court, guardians and conservators can also be designated by an involved party, such as a parent.

If you would like to establish a guardianship or wish to obtain a conservatorship on behalf of a child or loved one, Carlson & Blakeman, LLP can help. As part of our comprehensive estate planning services, we assist clients in creating guardianships as an element of their last wills and testaments, as well as obtain guardianships and conservatorships by petitioning the court. Our attorneys are prepared to take immediate action, if necessary, and can provide the empathetic support and professional advocacy you need.

Led by founding attorney Darren R. Carlson, our estate planning team brings decades of experience to their practice. We recognize the sensitive and complex nature of these matters and are here to answer your questions and address your concerns throughout the entire process.

Schedule a complimentary consultation with an Omaha guardianship and conservatorship attorney at our firm; call (402) 858-0996 or contact us online to get started.

What Is the Difference Between a Guardianship & a Conservatorship?

Although guardianships and conservatorships are very similar, they also have several key differences. The primary function of both a guardianship and a conservatorship is to protect and provide for a person who is unable to provide for him or herself. Additionally, both can be either court-appointed or designated by a will.

The main difference between the two is:

• A guardian is someone who makes personal and healthcare decisions on behalf of a protected person (known as the “ward”)
• A conservator is someone who makes financial decisions on behalf of the protected person, or the ward

Guardians are allowed to make decisions regarding where the ward will live, what type of medical and/or health care they will receive, and what school they will attend. Conservators, on the other hand, are limited to making financial decisions, including managing finances, paying bills, entering into contracts, and making investments.

Who Can Become a Legal Guardian or Conservator?

The court recognizes any “competent person or suitable institution” as eligible to become a guardian or conservator for an incapacitated or underaged individual. Although immediate family members are typically favored, the court can and will appoint any guardian or conservator who will “serve the best interest of the ward.” However, the guardian or conservator must be considered an “interested party,” meaning they have some interest in the ward’s physical, emotional, educational, mental, or financial wellbeing.

The ward, or the person receiving the guardian or conservator, is also allowed to express their wishes regarding the appointment and has the right to be heard by the court. In cases involving minors whose parents have died, the decedent’s last will and testament may designate a guardian. The court will determine whether the designated guardian is suitable and will serve the best interests of the child. Additionally, a recommendation from Child Protective Services (CPS) or Adult Protective Services (APS) can influence the appointment.