Quick Guide to NE Guardianship 

 

 

Nebraska Guardianship Laws

 

 

The majority of laws addressing Nebraska guardianships are located in §30-2601 – 2661 of the state’s revised statutes.  These laws on NE guardianship will prove helpful, but the majority of information within this article is referenced form the following website under the state’s Judicial Branch: 

 

 

Requirements for Nebraska Guardianships

 

 

In order to file for Nebraska guardianship, a person over the age of 18 must make sure to submit multiple documents and fully qualify.  Procedures for Nebraska guardianships are extensive compared to some states, and the state will usually give preference to family members and other peers before anyone else in a NE guardianship. 

 

 

According to state law and the Judicial Branch, the following documents are required for Nebraska guardianships: 

 

 

1. A credit report from a credit reporting agency/business

 

 

2. An affidavit of Sex Offender Registry Search, and the registry can be found at the following link: https://www.nsp.state.ne.us/sor/find.cfm.  If the Nebraska guardianship is for a guardian out of state, the applicant should use their home state’s registry. 

 

 

3. A criminal history check and a Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.

 

 

4. An Abuse, Neglect Registry check and clearance

 

 

All of the forms listed above must be submitted to the court 10 days before the Nebraska guardianship is approved.  Additionally, Nebraska guardianships often require educational classes before the person is appointed as guardian.  For more information, visit the information provided by the Judicial Branch.

 

 

How do I initially file for NE Guardianship?

 

 

In order to file for Nebraska guardianship, an applicant must submit a petition to their local county court before a trial is set up.  Complete information about all clerk magistrates in the state is listed here, and if you have questions about the Nebraska guardianship, you can contact the clerks with questions. 

 

 

What Responsibilities come with a NE Guardianship?

 

 

A person has numerous responsibilities within a Nebraska guardianship.  Apart from the responsibilities before the NE guardianship becomes official, a guardian will have to file their Order of Appointment and almost always submit an annual report.

 

 

An Order of Appointment for Nebraska guardianships is an oath the guardian takes after receiving NE guardianship rights.  The Order must be sent to all individuals who received a copy of the petition for the Nebraska guardianship.  

 

 

Additionally, an annual report for Nebraska guardianships usually requires the following information: 

 

 

• description of the current health of the ward and the following;

 

 

• living arrangements within the Nebraska guardianship

 

 

• medical, educational, vocational, and other services provided to the ward

 

 

• summary of your visits during the NE guardianship 

 

 

• statement of whether you agree with the current plan

 

 

• the need for extended Nebraska guardianship

 

 

• other information the court may find useful

 

 

• the compensation you requested for the NE guardianship, and other expenses you incurred

 

 

If guardians fail to meet their responsibilities or the court determines the ward can now take care of themselves, Nebraska guardianships may be terminated.  

 

 

 

 

What are Idaho Guardianship laws?

 

 

Idaho guardians of minor children are appointed by the state courts to care for children or the children’s assets. Any individual who is not an adoptive or biological parent or who does not have a child custody order filed against them may require a guardianship to care for the children, authorize medical care and enroll them in school. Idaho Guardians can include grandparents or any other close relatives. If the prospective child has substantial assets (over $5,000 as determined by Idaho Guardianship Laws) from working, inheritance, gifts etc., the Idaho guardian is awarded authorization to handle the youth’s state.

 

 

Idaho Guardianship Law: How is a Guardian Appointed?

 

 

Idaho guardianship laws permit courts to appoint Idaho guardians for unmarried minor children when parental rights of the biological Barents are terminated or when the child has been abused, neglected or abandoned. Moreover, Idaho guardianship laws permit courts to appoint an Idaho guardianship when the child’s biological parents are deemed financially, emotionally or mentally ill-equipped to care for the minor child. According to Idaho Guardianship law, abandonment refers to failing to care for or support the minor child for at least six months.  

 

 

ID Guardianship Law: How does the State Choose a Guardian?

 

 

ID Guardianship laws specifically state that advanced disabilities or age will not be weighed or viewed as a reason to refuse an Idaho guardianship so long as the potential Idaho guardianship can adequately care for the minor child. According to ID Guardianship law, a fit Idaho guardian who is named as guardian in a parent’s will possesses authority over others unless the Idaho guardian fails to accept the appointment within 30 days of the notice of an Idaho guardianship proceeding. 

 

 

Idaho Guardianship Law: Child Protective Act

 

 

The Child Protective Act is one of the most fundamental aspects of Idaho Guardianship Laws.  This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. An Idaho guardianship—according to ID guardianship   law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. 

 

 

Idaho guardianship law declares that a child no longer needs an Idaho guardian when he/she turns 18 years of age, dies, marries, is adopted or is placed with another guardian or his/her biological parents. ID Guardianship laws are instituted and maintained by the state’s Department of Health and Welfare; this department will act as an interested party to any Guardianship proceedings involving minor children who are subject to the state’s Child Protective Act. In these cases, the Idaho Department of Health and Welfare will serve the court with all necessary documents to uphold Idaho Guardianship laws. 

 

 

Idaho Guardianship Law: How does the State Terminate a Guardianship?

 

 

According to Idaho Guardianship law, the court may end a Guardianship if the Idaho guardian fails to provide adequate care for the child. The Guardianship will also be terminated when the youth no longer needs a guardian or the guardian is no longer to provide the child with suitable care. 

 

 

If the Idaho guardian is not incapacitated, but wants to terminate the Guardianship, he or she—according to Idaho Guardianship laws—must petition the court and permit new guardians to be appointed. During this time, the Idaho Guardianship is still responsible for the minor child. If the Idaho Guardianship only applies to the minor child’s assets, the Idaho Guardianship will end if the child’s assets no longer belong to the youth. 

 

 

 

Quick Guide to Guardianships in MS

 

 

Mississippi Guardianship

 

 

Most laws concerning Mississippi guardianship are located in Chapter 13 of the state’s revised code.  For a complete listing of all Mississippi guardianship laws, visit the searchable code under the state’s judiciary.  

 

 

If you are thinking about becoming certified for Mississippi guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Mississippi Guardianships

 

 

Any U.S. citizen in the state of Mississippi can qualify for MS guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a state citizen for MS guardianship, but a court will consider electing a nonresident if the action meets the best interests of the ward  

 

 

If the Mississippi guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified for the MS guardianship.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given for another MS guardianship.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What are Specific Responsibilities within a MS Guardianship?

 

 

Mississippi guardianships require all of the following duties unless the type of MS guardianship is limited or instituted for the estate of the ward: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Mississippi guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement assists the ward more than the last living arrangement 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

The Mississippi guardianship may require the above responsibilities permanently if the ward is incapacitated for the rest of their life.  If the court awards temporary Mississippi guardianships, the responsibilities will end, for example, when the child turns 18.  

 

 

How do I file for a Mississippi Guardianships?

 

 

In order to file for Mississippi guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Mississippi guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  

 

 

 

 

Quick Guide to Iowa Guardianships

 

 

Iowa Guardianship

 

 

Most laws concerning Iowa guardianships are located in Iowa Code Chapter 633.557.  For a complete listing of all Iowa guardianship laws, visit the updated searchable code under the Iowa Legislature.  

 

 

The majority of the information about an IA guardianship within this article is found under the Iowa State Association of Counties (ISAC).  For information to expand on this article.

 

 

Eligibility Factors for IA Guardianship

 

 

Any U.S. citizen in the state of Iowa can qualify for an IA guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of Iowa, but a court will consider a nonresident if the circumstances are right.  

 

 

If the Iowa guardianship involves a minor child, immediate preference is given to the parent unless the court appoints another person who is more qualified.  Iowa Codes 633.559 and Iowa Code 633.571 discuss Iowa guardianships involving minor children.  

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Nonprofit regulations are covered in Iowa Code 633.63-64.  

 

 

What Iowa Guardianships are issued by the Court?

 

 

A court will establish an Iowa guardianship in three different ways:  

 

 

Limited Guardianship

 

 

The court will determine if a limited IA guardianship is necessary and appropriate while first establishing the guardianship, making modifications, or terminating the responsibilities all together.  The limited functions of such an Iowa guardianship are covered in Iowa Code 633.635.  

 

 

Stand-by Guardianship

 

 

These Iowa guardianships are rare.  They can only occur in certain circumstances, and a court must establish this type of IA guardianship as well.  

 

 

Temporary Guardianship

 

 

This type of IA guardianship is covered under Iowa Code 633.558 and only lasts for a specific period of time (e.g. When a minor turns 18).  

 

 

What are Specific Responsibilities of a Guardian?

 

 

Iowa guardianships require all of the following duties: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Iowa guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement restrict the ward’s liberties more 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

How do I file for an Iowa Guardianship?

 

 

In order to file for Iowa guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianships is in the best interests of the ward.  In order to find contact information and more valuable information about your local county court, call the ISAC at (515) 244-7181. 

 

 

 

 

A brief guide to North Dakota guardianship

 

 

Children who have no one to care for them, as well as mentally or physically incapacitated adults, require care from responsible adults. While custodians look after such people's finances, North Dakota guardianships are appointed to ensure that their physical and mental wellbeing is also being looked after. This position entails a great deal of responsibility and is not to be undertaken lightly. Additionally, obtaining a North Dakota guardianship is a lengthy process with many steps.

 

 

It is advisable to create a living will documenting your wishes on this subject. A person who has been named in this document as your preferred choice for a North Dakota guardianship in case of injury will be given preference when this position is being considered. If no living will has been created, the court system will consider several alternatives. An adult child, parent or relative with whom a person has lived for at least six months prior to any accident is also eligible for North Dakota guardianships. Parents who are relinquishing custody of their child will have their wishes regarding this position given priority.

 

 

Regardless of the person who is seeking a North Dakota guardianship, they must pursue this position through the court system. The legal system will begin considering the situation when a petition is filed by the person who wishes to be appointed. A doctor will examine the person who requires care from someone appointed to a North Dakota guardianship and issue a report detailing their needs. Before hearing any case, a judge will review this document and make it the foundation of their decision.

 

 

In court, the person needing care will be represented by an "attorney ad litem." This lawyer's job will be to ensure that any North Dakota guardianships which are appointed are in their client's best interests. Among other things, this means that a person appointed to this position must be patient and capable of devoting as much time and energy as necessary to their ward's needs. In cases where North Dakota guardianships are being considered for a child, it is vital that any person who is appointed be on good terms with the minor and able to communicate with them.

 

 

Should you be appointed to this position, you have the right to receive an inventory from your ward's custodian of all their financial and property resources. People who are appointed to North Dakota guardianships may also take on this role if they feel they are capable of executing both positions. You will be required to submit regular reports to the court regarding any developments in the health of the person in your care.

 

 

Successfully being appointed to a North Dakota guardianship will involve many interactions with the legal system. In addition, it may require a significant financial commitment on your part. When seeking North Dakota guardianships, it is advisable to consult with a lawyer who can help you to understand what kind of timeline you can expect from the law's handling of your case.

 

 

 

 

A brief guide to South Carolina guardianship law

 

 

People who are mentally or physically incapacitated or minor children have their finances looked after by a custodian. This person's functions are separate from those performed by someone appointed under South Carolina guardianship laws to manage their physical health or mental welfare. 

 

 

Many different people may be appointed to look after an adult who is not capable of living autonomously. South Carolina guardianship law states that a person appointed in a living will, their spouse, parent or adult child, or someone chosen by a relative are all eligible to perform this task. 

 

 

Regardless of the person who is seeking this position, they must be approved by the court system. Pursuing this process through South Carolina guardianship laws will begin with a petition filed by the court. The incapacitated adult in question will be examined by a professional, who will then submit a report detailing the kind of assistance which they require. Prior to any scheduled hearing, a judge will examine this document and evaluate who is best capable of executing the responsibilities in accordance with South Carolina guardianship law.

 

 

During hearings, an "attorney ad litem" will be appointed. Under South Carolina guardianship laws, it is this legal professional's task to represent an incapacitated adult throughout the legal process. Anyone who is seeking to become a guardian may wish to retain an attorney to help them understand the often-complicated technicalities of the law.

 

 

You have the right to request a jury during the hearing. If your petition is granted, South Carolina guardianship laws give you the right to receive a report from any custodian of the property of the person who you will be caring after. A judge will help issue all the documents stating that you have the right to make decisions on behalf of someone. Under South Carolina guardianship law, you will be required to regularly submit reports to the court on the physical and mental health of the person you are caring for.

 

 

Much the same procedures are followed when appointing someone to look after a child. South Carolina guardianship laws mandate that a child's best interests be taken into account at all times. This means that the person who is appointed to this position must be on good terms with a child and able to effectively communicate with them. South Carolina guardianship law does not disqualify someone who is already a custodian from taking on this second responsibility. 

 

 

Think carefully before pursuing this position or agreeing to execute it. South Carolina guardianship laws hold you accountable for the best interests of the minor or adult that you will be looking after. Taking on these responsibilities will require a great deal of time or effort. If the person you are going to be looking after is disabled, South Carolina guardianship law requires you to be patient at all times. People who fear that they may not be able to perform the tasks of this role capably should not agree to become someone's guardian.

 

 

 

 

Guide to Puerto Rico Guardianship

 

 

In situations where a person is unable to make basic decisions for themselves, Puerto Rican courts may appoint a legal guardian for that person.  Both children and disabled people may qualify for guardians under PR guardianship law.  This guide will give you a basic overview of Puerto Rico guardianship laws so that you can understand what types of guardians are available in Puerto Rico.  You may want to consult a PR guardianship lawyer for more information or to initiate legal proceedings to become a guardian.

 

 

Types of Puerto Rico Guardianship: Child Guardians

 

 

There are many reasons why an adult other than a child's parent may be named as their legal guardian.  According to PR guardianship laws, children need guardians when their parents are unavailable or unable to make reasonable decisions about their care.  For instance, a child whose custodial parent has a severe disability or is incarcerated may have a guardian appointed by the court, as well as orphaned children.

 

 

In general, a parent may nominate a guardian under Puerto Rico guardianship laws, and this person will usually become guardian unless this is not in the best interest of the child.  Parents may be required to pay child support to their child's legal guardian in some situations.  If you wish to seek this type of PR guardianship without a parental nomination, you may want to hire a guardianship attorney who can help you evaluate your chances of becoming a guardian.

 

 

Types of Puerto Rico Guardianship: Guardians of the Person

 

 

Not all people who require a PR guardianship arrangement are children.  Some disabled adults are unable to make personal care decisions and must have a guardian appointed for them by the court.  A guardian of the person has the same legal rights and responsibilities with a disabled person that a parent does with a child.  Because this type of Puerto Rico guardianship can sometimes be quite expensive, it is best to talk to a guardianship attorney about your likely obligations before you commit to being someone's guardian.

 

 

Types of Puerto Rico Guardianship: Guardians of the Estate

 

 

If a disabled person is able to make reasonable decisions about day to day personal care responsibilities but is unable to responsibly handle his or her financial matters, a guardian of the estate may be appointed.  This is a common type of PR guardianship arrangement when someone has lost the ability to handle their finances due to old age or dementia.  Guardians of the estate are given financial control over the disabled person's money and accounts according to Puerto Rico guardianship laws, but not over day to day care.

 

 

Types of Puerto Rico Guardianship: Limited Guardians

 

 

Courts may appoint a limited guardian according to PR guardianship laws that has only certain responsibilities.  This type of Puerto Rico guardianship arrangement is common when someone's disabilities create major difficulties for them in one area of life but not others.  These arrangements are highly individualistic and depend entirely on the extent and nature of the guardianship needed at the time by the disabled person.  You may wish to consult a guardianship attorney for any and all questions pertaining to what PR guardianship laws allow a limited guardian's responsibilities to be.

 

 

 

 

Valuable Information on NV Guardianship 

 

 

Nevada Guardianship Laws

 

 

The majority of Nevada guardianship laws are located in NRS Chapter 159.  Several of these laws on Nevada guardianships are referenced within this article, and for a complete listing of all laws under Chapter 159, regard the following link under the state’s legislature: 

 

 

 

 

 

Information on this website is also referenced from the Nevada Guardianship Association, as well as the Supreme Court of Nevada.  Links to these two resources on NV guardianship are listed below: 

 

 

• https://nevadaguardians.org/index.php?option=com_content&task=blogcategory&id=2&Itemid=2 

 

 

• https://lawlibrary.nevadajudiciary.us/forms/standardizedGuardianshipforms.php 

 

 

Who is Eligible for Nevada Guardianship?

 

 

In order for an adult to qualify for a NV guardianship for an incapacitated ward or minor, they must be at least over the age of 18, and the state will usually give preference to family members before anyone else.  

 

 

Nevada guardianships will never be granted to convicted felon or person who has been determined as incompetent.  The party will have to testify in front of a judge as to why they believe the NV guardianship is best for the interests of the ward.  

 

 

Different Types of Nevada Guardianships

 

 

There are six different types of Nevada guardianship, and these guardianships are briefly described below: 

 

 

1. Guardianship of Person- this type of Nevada guardianship assists the ward with personal care, placement into a certain residence, safety, and medical decisions. 

 

 

2. Guardianship of Estate- this type of NV guardianship helps the ward with the security and management of their finances and assets. 

 

 

3. Guardianship of Person and Estate- this type of Nevada guardianship contains responsibilities for both personal and financial care.  

 

 

4. Special Guardianship of Limited Capacity- In these types of Nevada guardianships, a court will hear testimony from the ward and future guardian and determine the responsibilities of both the ward and guardian.  

 

 

5. Co-Guardianship- this type of NV guardianship is rare, but allows two or more people to share the responsibilities for the ward.  

 

 

6. Summary Guardianship- these types of Nevada guardianships allow the guardian to waive annual accounting when the estate is less than $5,000 in value unless a judge determines otherwise.  

 

 

How do I file for a Nevada Guardianship?

 

 

In order to petition for Nevada guardianships, you’ll have to file a petition with your district’s court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the NV guardianship is in the best interests of the ward.  For a list of Nevada courts, click on the link below: 

 

 

https://www.nevadajudiciary.us/index.php/district 

 

 

For a complete listing of all forms you may need for a Nevada guardianship, visit the following link under the state’s Supreme Court: 

 

 

https://lawlibrary.nevadajudiciary.us/forms/standardizedGuardianshipforms.php 

 

 

Nevada guardianships also give the respondent certain rights after the petition has been filed.  The respondent must be notified of the place and time of the hearing, be represented by legal counsel, be present at all proceedings except if they have a medical exception.  The respondent also has a right to trial by jury and may even cross examine witnesses.  

 

 

Rules for notices by the petitioner for the NV guardianship are listed in NRS 159.034, and a prospective guardian is highly encouraged to hire the services of an attorney before filing for Nevada guardianship.