Nebraska Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The temporary guardianship lasts for ninety (90) days. During that time, the guardian must complete the necessary background checks and prepare for the hearing on permanent guardianship.

A guardian's authority and responsibility terminates upon the death, resignation or removal of the guardian or upon the minor's death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his obligation to account for funds and assets of his ward.

The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc. Conservator: Person(s) appointed to make financial decisions for the protected person.

Medical records or an affidavit from the ward's physician must be obtained in order to establish that a person is incapacitated and in need of a guardian. For a minor child, the fact of their minority age typically establishes such a need without the need for further medical evidence.

A guardian with full authority has the power to: Establish where the ward will live, within the state or elsewhere with court's permission; Arrange for the ward's medical care; Take care of the ward's personal effects (clothing, furniture, vehicles, personal items, etc.);

The conservator typically is given the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.

Legal guardianship allows the guardian to have all the rights and responsibilities of a parent.

(a) Any competent person or the Public Guardian may be appointed guardian of a person alleged to be incapacitated, except that it shall be unlawful for any agency providing residential care in an institution or community-based program, or any owner, part owner, manager, administrator, employee, or spouse of an owner, ...

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Nebraska Conservatorship Questionnaire