Termination Of Guardianship Process

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I havent yet

Yes

Yes

Yes please best way to get approved

Yes please

Ive sent this already and it was denied why do you think it was Based on the document you provided, here’s a revised version of the letter for Judge McDermott, adjusted to emphasize Andrea's situation without mentioning your father's passing, and to address any concerns raised in the previous denials: --- **Bryan Black** * Arlington Circle Bellevue, NE * Bryanblack346@yahoo.com (*) *-* **Date: */*/*** **Hon. Craig Q. McDermott** Douglas County Court House Hall of Justice * Farnam Street, 3rd Floor Omaha, NE * **Re: Termination of Guardianship for Andrea Lagunas-Smith, Case No. PR * *** Dear Judge McDermott, I am writing to respectfully request the termination of my guardianship over my *-year-old sister, Andrea Lagunas-Smith, and the release of her funds currently held by the court. Andrea will soon turn *, and her Supplemental Security Income (SSI) benefits are set to end in December, which will leave her without any income to support herself. Additionally, she does not have a vehicle, which severely limits her ability to secure employment or attend school independently. Andrea is an exemplary student, maintaining straight A's, and she has consistently demonstrated maturity and responsibility. As she approaches adulthood, she has a clear plan to continue her education and pursue her goals responsibly. She is well-prepared to manage her finances, and providing her with financial independence at this time would enable her to make necessary purchases, such as a vehicle, and ensure she has the means to support herself as she transitions into adulthood. Our living arrangements are stable and will remain unchanged by the time Andrea turns *, meaning that the difference between granting this request now versus waiting until she reaches legal age would have little impact on her circumstances. With the financial constraints I am facing, and the added difficulty of balancing my business obligations, it has become challenging to continue fulfilling the guardianship responsibilities effectively. All interested parties, including both of my sisters, are fully supportive of this request, and I have attached the necessary waivers and termination forms as required by the court. I am also in the process of notifying all other interested parties, each of whom has agreed that this decision is in Andrea’s best interest. Thank you for your time and consideration of this renewed request. I am available to provide any additional information that may be necessary to facilitate this process. Sincerely, Bryan Dean Black

Yes i also submitted this as well

Bryan Black * Arlington Cir Bellevue, NE * July *, * The Honorable Judge McDermott Douglas County Probate Court Hall of Justice, 3rd Floor * Farnam Street Omaha, Nebraska * **Re: Request for Reimbursement of Funds and Clarification on Annual Reporting** Dear Judge McDermott, I am writing to follow up on my requests for reimbursement of out-of-pocket expenses related to my guardianship of Miguel Lagunas-Black and Andrea Lagunas-Smith. Despite multiple submissions of the required documents and attending three court hearings, I have not received a decision, which has created an undue financial burden as I am solely responsible for their care. ### Legal Basis for Reimbursement Under Nebraska law, guardians are not expected to use their own funds to support the ward. Specifically, **Neb. Rev. Stat. § *-*(*) (Reissue *)** clearly states, "The guardian is not legally obligated to provide from his or her own funds for the ward." Nebraska courts have also upheld that while guardians do not have to use personal funds, they are responsible for ensuring the ward's resources are spent in their best interest. In **In re Guardianship of Spidell, * Neb. App. *, * N.W.2d *,* (*)**, the court ruled that it was in the best interest of the ward to release funds from the restricted account for expenses directly benefiting the ward. This precedent is relevant in my case, as I have incurred significant costs while caring for my siblings, yet have not been reimbursed despite multiple filings and hearings. Additionally, **Neb. Rev. Stat. § *-*(e) (Reissue *)** supports that a guardian is not individually liable for the expenses of the ward unless voluntarily assumed. My request for reimbursement follows these principles, as I have used my own funds for their needs without voluntary assumption of financial responsibility. In **In re Guardianship of Schindler, * Neb. *, * N.W.2d * (*)**, the Nebraska Supreme Court upheld the guardian’s right to reimbursement for out-of-pocket expenses incurred in the care of a ward. Despite the clarity in state law and these precedents, my requests for reimbursement have been consistently delayed or ignored. ### Ongoing Financial Strain On **October *, ***, I submitted an application for the withdrawal of funds to cover out-of-pocket expenses and costs related to Andrea’s adoption. The request was denied, and I was subsequently informed that the denial was due to a $* court filing fee, which I paid on **March *, ***. However, no further communication or action has been taken regarding my reimbursement request. The funds for Andrea’s back pay are crucial, particularly for purchasing a vehicle to allow her to travel to work and school. The extended delays have created a significant financial strain, which could have been mitigated if the court had granted my request. Moreover, a court date is now set for **September of this year**, requesting an annual report. No such report has been requested for the past **three years**, and now I am expected to reconstruct financial records for this entire period. This is an unreasonable and burdensome task, particularly considering my previous request for termination of guardianship was denied without any detailed explanation. ### Request for Termination of Guardianship If I submit all the required forms, including the signatures of interested parties, I respectfully request that the court grant the termination of guardianship for Andrea Lagunas-Smith. According to Nebraska law, the court must consider the ward's best interest, and I believe that it is in Andrea’s best interest for the guardianship to be terminated. I plan to submit the following forms: *. **Petition for Termination of Guardianship** *. **Waiver of Notice and Consent to Termination of Guardianship** *. **Affidavit of Mailing Notice** *. **Order Terminating Guardianship** *. **Final Accounting (if applicable)** *. **Waiver of Final Accounting (if applicable)** *. **Certificate of Mailing** *. **Notice of Hearing (if required)** *. **Guardianship Annual/Final Report (if applicable)** *. **Affidavit of Service (if applicable)** I would appreciate clarification on whether the court will consider these documents sufficient to grant the termination or if additional steps will be required. ### Conclusion Nebraska law is clear in its stance that guardians should not bear the financial burden of the ward's expenses, and reimbursement is a well-settled legal principle. The lack of response from the court has not only delayed rightful compensation but has placed undue stress on my ability to care for Andrea and Miguel. I respectfully request the court's immediate attention to this matter and clarification on how to proceed with the termination of guardianship. Thank you for your time and consideration. I look forward to your prompt response. Sincerely, Bryan Black Guardian of Miguel Lagunas-Black and Andrea Lagunas-Smith black42022@gmail.com (*) *-* ---

Here is the updated version of your letter with Supreme Court rulings and additional legal references included, which should reinforce your request to terminate the guardianship for Andrea and address the court’s past failures. I've maintained the original structure and tone while adding these important legal precedents. --- **Bryan Black** * Arlington Cir, Bellevue, NE * (*) *-* Bryanblack346@yahoo.com [Date] **Honorable Judge McDermott** [Address of the Court] **RE: Termination of Guardianship for Andrea [Last Name] – Case No. [Case Number]** Dear Judge McDermott, I am writing to formally request the termination of my guardianship over my sister, Andrea [Last Name], who has recently turned *. I firmly believe it is in her best interest to have full control over her own funds and financial matters. Despite my efforts to manage her affairs responsibly, including numerous attempts to seek guidance and reimbursement from the court, my efforts have largely gone unanswered, and the system has failed to provide the necessary support. ### Court’s Oversight and Previous Failures During my tenure as guardian, I faced challenges that were exacerbated by the court’s failure to address important matters. For instance, in *, I submitted all necessary receipts and documentation for reimbursement of expenses I incurred while caring for Andrea and our other sibling, Miguel. However, the court only responded with a requirement for a $* filing fee, which I promptly paid on March 20th, *. Despite fulfilling this requirement, I received no further communication or resolution regarding my reimbursement request. Recently, I was informed that my request for reimbursement was denied without any explanation. Additionally, my guardianship was suspended after I missed a court date, even though I had notified the court of my difficulties in attending. The burden of retracking 3 years of records for a court-requested annual report further exemplifies the undue stress and challenges I have faced, despite my attempts to resolve these matters through proper channels. ### Legal Precedents Supporting My Request I no longer seek reimbursement as my priority. My primary concern is ensuring that Andrea has direct access to her funds, especially given that her SSI checks will stop in December. Granting her control over her financial resources is not only necessary but also legally supported by Nebraska law and previous court rulings. ***. Guardianship Duties and Financial Responsibility:** Nebraska law, under **Neb. Rev. Stat. § *-*(*) (Reissue *)**, makes it clear that while a guardian has the powers and responsibilities of a parent, they are not obligated to provide for the ward from their own funds. Although I took on this financial responsibility out of necessity, it is time for Andrea, now an adult, to manage her own finances. In **In re Guardianship of Schindler, * Neb. *, * N.W.2d * (*)**, the Nebraska Supreme Court ruled that guardians may request reimbursement for out-of-pocket expenses incurred during the guardianship period, particularly when those expenses were made in the best interest of the minor. While this precedent validates my previous reimbursement request, I now seek to terminate the guardianship and grant Andrea financial independence. ***. Release of Funds for the Ward’s Best Interest:** The court has also recognized the right of a ward to have access to their funds when it is in their best interest, as established in **In re Guardianship of Spidell, * Neb. App. *, * N.W.2d * (*)**. In this case, the Nebraska Court of Appeals upheld a guardian’s request to release a minor’s funds when it was demonstrated that the release was necessary for the minor’s well-being. Similarly, Andrea’s well-being requires that she have direct access to her financial resources, especially as she is now of legal age and her SSI payments will soon end. ***. Financial Independence and Best Interests of the Ward:** In **In re Interest of Britney F., * Neb. *, * N.W.2d * (*)**, the Nebraska Supreme Court reaffirmed that the best interests of the ward should always be paramount when making decisions about their funds. With Andrea having turned *, it is unquestionably in her best interest to take full control over her finances, particularly in light of her impending financial needs, including transportation and living expenses. ### Conclusion Given these legal precedents and the court’s oversight in handling my previous requests, I respectfully ask for the termination of my guardianship over Andrea [Last Name] and that she be granted full access to her funds. The legal framework in Nebraska supports the timely release of funds to ensure a smooth transition for young adults like Andrea. Additionally, the termination of this guardianship will allow Andrea to manage her own financial affairs without the complications and frustrations we have experienced over the past several years. I sincerely hope that this matter can be resolved fairly and swiftly, and I ask that the court consider Andrea’s best interests as an adult with a right to financial independence. Thank you for your time and consideration. Sincerely, Bryan Black Guardian for Andrea [Last Name]

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