Guardianship of adult autistic son

Q: Do guardians get paid in Nebraska?

In Nebraska, guardians may receive compensation for their services, but this must be approved by the court. The payment amount is determined based on the complexity of the guardianship and the needs of the person under guardianship. Guardians are required to submit an accounting of their expenses to the court for review.

Full question:

I live in Nebraska, I have a 19 year old son diagnosed since age 2 with severe autism/ocd. I recently went through a divorce, husband left after 24 years and is now Fighting my petition for Guardianship of my adult son (who lives, has been with me since day he was born) saying he is 'not autistic' although lawyer agrees, it will be easy to prove via dr. records/school records that my son Is Autistic, it will cost great amount of time/money fighting in court, is there a State in Us that does NOT require a natural parent, the one who has been with person since birth, to Have to get 'state legal guardianship? I already have 'authority to accept my sons SSI payments on his behalf (yes SS also found my son autistic) Please help? I will consider moving out of state of Nebraska, if it would mean not having to drag this/my son through court, a lot of time/money and pain.

Category: Guardianship
Date: 04/07/2025
State: Nebraska

Answer:

All states require that any person seeking the legal status of guardian of another person must prove in court that the other person is incapacitated, and that the nominated guardian is an appropriate person to act as guardian. Also, a guardian acts under the supervision of the court that appointed the guardian. The reason behind this universal procedure is the 5th amendment to the US Constitution; the 5th amendment, in relevant part provides that "No person shall be * * * be deprived of life, liberty, or property, without due process of law * * *." The 5th amendment by judicial doctrine applies both to the federal government and to the states. An order appointing one person as guardian of another (known as the "ward" or the "protected person" is a deprivation of liberty. For that reason, every state requires, and as a matter of constitutional law must require, a legal proceeding and generally a court hearing before appointing one person as guardian of another.

Many states by statute establish a statutory priority for appointment of guardians. Parents generally are given a high if not the highest priority under those statutes.

The procedure for appointment of a representative payee to administer the funds paid to an SSI recipient is entirely separate and apart from a guardianship and/or conservatorship proceeding in any state court. The fact, however, that your son has qualified for SSI status with the Social Security Administration is relevant to the issue of his incapacity. Every SSI recipient is less than fully capable of being self-supporting. Effective January 1, 2009, the Federal SSI benefit rate is $674 for an individual.

The links below contain additional information about guardianship proceedings, representative payees, supplemental security income, Nebraska guardianship websites, and Nebraska guardianship lawyer referrals.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to get guardianship of an adult in Nebraska?

To obtain guardianship of an adult in Nebraska, you must file a petition in the county court where the adult resides. You will need to demonstrate that the individual is incapacitated and that you are a suitable guardian. This process includes providing medical evidence and possibly having a court-appointed evaluator assess the situation. A hearing will be scheduled where you can present your case, and the court will make a determination based on the evidence provided.

What is the difference between disabled and incapacitated?

The terms 'disabled' and 'incapacitated' are not interchangeable. A disabled person may have physical or mental limitations but can still make decisions about their life. In contrast, an incapacitated person lacks the ability to make informed decisions due to a mental or physical condition. Legal guardianship typically requires proof of incapacity, meaning the individual cannot manage their personal affairs.

How to get guardianship of an adult with disabilities?

To get guardianship of an adult with disabilities, you must file a petition in the appropriate court. You will need to provide evidence of the individual's disability and demonstrate that they cannot make decisions for themselves. A court hearing will be held to assess the evidence, and if the court finds the individual incapacitated, it may grant you guardianship.

How to get custody of a disabled adult?

Custody of a disabled adult is typically addressed through guardianship. To gain custody, you must file a petition for guardianship in court, showing that the adult cannot care for themselves due to their disability. The court will review the evidence and may appoint you as a guardian if it finds that the individual is incapacitated.

Do guardians get paid in Nebraska?

What is a letter of conservatorship in Nebraska?

A letter of conservatorship in Nebraska is a legal document issued by the court that formally appoints a conservator to manage the financial affairs of an incapacitated person. This letter outlines the powers granted to the conservator and serves as proof of their authority to act on behalf of the individual. It is typically issued after a court hearing where the need for conservatorship is established.