Nebraska Motion To Terminate Guardianship-Conservatorship is a legal action filed in a court of law by a person or entity seeking to end the guardianship and/or conservatorship of an individual or the estate of a deceased person. This motion is often used when the protected person or estate no longer requires the services of a guardian or conservator and the guardian or conservator is no longer needed. It may also be filed when the guardian or conservator is no longer capable of properly performing their duties. The motion must state the reasons for termination and must be supported by evidence. There are two types of Nebraska Motion To Terminate Guardianship-Conservatorship: a Guardianship Motion to Terminate and a Conservatorship Motion to Terminate. A Guardianship Motion to Terminate is used to end the guardianship of an individual who is under the guardianship of another person or entity. A Conservatorship Motion to Terminate is used to end the conservatorship of the estate of a deceased person, which is typically handled by an executor or conservator.
Nebraska Motion To Terminate Guardianship-Conservatorship
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A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian. (b) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
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.
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. These include a criminal background check, abuse and neglect registry check, sex offender registry check, and a credit report.
Without regard to custodial rights of the ward's person, a guardian shall take reasonable care of his or her ward's clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of his or her ward is in need of protection.
Section 30-4203 - Guardian ad litem; duties; powers (1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall: (a) Consult with the person for whom he or she has been appointed within two weeks after the appointment for such person and make every reasonable effort to become familiar with the
When persons are unable to make responsible decisions about their finances, property, living situations or care because of their age, physical or mental condition, a petition can be filed with the county courts to appoint a Guardian or Conservator.
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 Office of Public Guardian is designed to serve as the guardian or conservator for an individual when no other alternative is available.