Oshkosh, NE asked in Family Law for Nebraska

Q: What does it cost to get legal custody of a mentally challenged person in garden county Oshkosh Ne?

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2 Lawyer Answers

A: Your best bet to get this question answered would be to schedule a confidential consultation with an attorney who regularly handles guardianship in the location in question. How much a court case costs depends on a number of factors, including whether anyone is likely to contest the matter; witnesses that would be needed, including medical professionals; where the attorney is located versus where the matter is located; whether the proposed guardian would have any issues that need to be explained or considered (i.e. with background checks); etc. For flat fee firms like mine, we also would need to know the level of representation requested and legal work recommended to achieve the goal. Like all family law cases, the application of law to facts for guardianships depends on the specific situation and people involved and cannot be guessed just by type of case. Best wishes as you navigate this situation!

A: If a person is legally incompetent, you can file a guardianship and/or conservatorship action to ask for the court to grant another person legal authority (guardianship) to assist the protected person. You would need to contact local counsel to find out the retainer for the guardianship action. The retainer will depend on a number of factors not included in your question. For example, an uncontested guardianship will generally be offered for a lower retainer than one that is expected to be challenged. If the protected person has assets, it is possible for the Court to order that the guardian be awarded to be reimbursed for out-of-pocket costs and attorney fees from the protected person's assets if the Court finds the guardianship appropriate.

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