What are the requirements for becoming emancipated in Nebraska?
Full Question:
Answer:
A child is a minor until age 19 in Nebraska. Generally, a guardian of the person and estate has a duty of care and support until that age or the child is emancipated. I'm unsure of the nature of your guardianship, a petition for terminating the guardianship may need to be filed. There is no specific statute for emanipation in Nebraska therefore the request for emancipation has to be heard in court on an individual basis. A petition for emancipation may be filed in the family court in the county where the child resides.
In order to be emancipated the child must be a resident of Nebraska and at least 16 years old. The child must be living separately from the parents and supporting themselves – legally. Also, the child cannot be a ward of the state. The parents of the child have to agree that the child should be emancipated for his/her own benefit. The determination will be based on a subjective dtermination by the court of what is in the child's best interests.
Upon emancipation the child has to follow these simple rules:
-No alcohol consumption until the legal age in that state
-Must attend school or show proof of a diploma or GED
-Cannot vote until the age of 18
-Cannot purchase cigarettes or alcohol
-Cannot purchase or possess firearms
-The child who is granted emancipation can sign contracts for medical care, real estate, and other transactions, apply for a work permit, sign up for school and go to college and live where he/she wants.
A guardianship is established by filing a petition for guardianship with the court where the child resides. There are different types of Guardians. A Personal Guardian tends to the personal care of the ward, while an Estate Guardian is the guardian of a persons estate (real estate, personal property, money, and the like). One person can be guardian of both, or separate guardians may be appointed. A Personal Guardian is given custody of the disabled person or minor, this person often being called the ward. Such a guardian has a duty to take care of the ward. He/she will decide where the ward will live. He/she cannot place the ward in a nursing home or other residential facility unless specifically given that authority by the Court. The guardian is responsible for the ward's support, care, comfort, health, maintenance and placement, if appropriate, in an educational program; all from the ward's income and assets. The guardian is to see that the ward gets the medical, dental, grooming, and other professional services that the ward needs. The law requires that the guardian "assist the ward in the development of maximum self-reliance and independence".
The guardian is not required to spend his/her own money for any of these expenses. The guardian is may be responsible for seeking the money needed from the ward's income and assets.
If the guardian spends more or incur debts greater that the ward's estate can afford, he/she may be held personally responsible for those amounts. If the ward does not have enough money to pay for what is needed, it is the guardian's responsibility to apply for government assistance programs that may help pay for these services.
If the Court so directs, the guardian is will also have the responsibility of making reports to it. These reports shall specifically address points required by state law. If the ward has enough money, the guardian can be paid for serving as guardian. The guardian's bill for services must be supported by careful records and approved by the Court.
The estate of the ward is everything the ward owns. It includes land, money, bank accounts, furniture, cars, clothes . . . everything. The guardian's responsibility over this property may be defined or limited by the order appointing the guardian.
An estate guardian has the duty to take care of, manage, and invest the ward's estate. He/she must take care of the ward's estate and be frugal, conservative and cautious. The Court may authorize the guardian to spend the ward's money for the comfort, support and education of the ward, as well as certain expenses of the ward's family.
The guardian may be able to sell some of the ward's property to pay for the ward's care, but he/she will need a Court order to do so. The guardian may not treat the ward's property as his/her own. The guardian must keep his/her money separate from that of the ward. The guardian can be forced to pay for any mismanagement or fraudulent use of the ward's estate. The guardian should establish a new, FDIC fully-insured checking account to pay for the ward's expenses. It should be titled: Estate of "ward's name", "guardian's name", Guardian. The ward's Social Security number should be used on this account.
The guardian must keep a careful record of all transactions involving any of the ward's property. This can range from balancing the checkbook to hiring an accountant at the estate's expense. Every bill that is paid and all money that is received on behalf of the ward periodically must be reported periodically to the Court.; To be able to identify the source of money received when the time for accounting comes, it can be helpful to describe the source of the money on the bank deposit ticket.
If the ward has been receiving Social security benefits, the guardian should contact the local Social Security office and inform that office of his/her appointment as Guardian. The guardian will need to provide the Social Security office with the Court documents appointing him/her as Guardian. The Social Security office can provide information on using the benefits on behalf of the ward. It may be convenient to have the Social Security checks directly deposited in the new Guardianship account. Social security benefits should be spent before any of the ward's other assets.