Practice Areas

Schools are required to provide a Free Appropriate Public Education (FAPE) to children with disabilities. Families are often confused about or unsure of what their rights and the schools responsibilities are. Special Education is governed by Individuals with Disabilities Education Act (IDEA) and in Nebraska largely by Rule 51 and Rule 52. We can help families navigate the system and ensure their child is getting the education he/she is entitled to.

Parents are the natural guardians of their minor children; however, as children age or if a loved one becomes disabled or incapacitated as an adult, many families struggle with whether that person requires a guardian to help them make legally binding decisions. Seeking guardianship is a very serious decision and should not be made lightly. To become a guardian is to declare the ward (person with the disability) is incompetent. However, there are many situations where a guardianship is necessary and in the best interest of the ward. When a guardianship is not necessary, family members often still seek a less restrictive form of substituted judgment.

A guardian is a person who is appointed by the court and is responsible for making decisions about the lifestyle of the protected person or ward. Areas where a guardian makes decisions can include medical care, residence, and type of work or program a person participates in.

A conservator is less common in Nebraska and can be appointed to manage and protect the assets of a person who is incapacitated. Often the guardian and conservator are the same person.

As loved ones age, their interests and concerns can change. Some people fear the unknown issues that arise with aging so much, they put off making decisions until it is too late. We want to help you and your family understand the process and plan so you are not in that terrible situation. We understand these issues can be difficult to think and talk about and we work closely with clients to empower them to age with grace and dignity while maintaining a high quality life.

The key to asset protection and ensuring quality of life in later years is early planning, so don’t delay!

If you or a loved one are disabled, the different government agencies and application processes can be daunting, if not overwhelming. You may have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and been denied, or maybe you are just considering applying; either way we can help.

Disability law is more than just applying for benefits. You may need accommodations for work or in the community under the Americans with Disabilities Act (ADA), or you may feel you’ve been discriminated against and need advice. Perhaps you have previously received a benefit from the state that has been changed and you need to appeal. Whatever your disability issue, we’re committed to you.

We are more than just a firm that does Social Security Disability, we are concerned with the rights and quality of life for all people with disabilities throughout their lives. We won’t treat you like just another case, we understand and appreciate that you are a person who may need some help and we will provide that help with caring and understanding.

At the Law Office of Seamus Kelly “best interests of the child” is more than a legal standard, it is the bedrock of our approach to juvenile and family law issues. We have experience with juveniles in detention, probation and in the community and always work to help keep our juvenile clients on the right side of the law and, more importantly, developing into productive adults. We believe that an intact two parent home is best for children, but understand that it is not always possible. We will hear your concerns and work with you to resolve your issues as painlessly as possible.

If you have children or assets, you need an estate plan; without a plan, the state gets to make the decisions about your children and assets. Estate planning isn’t just for the rich and isn’t as complicated or expensive as you may fear. We can help you set up the plan that is right for your family and understand the process. It is important to be clear in your wishes to avoid probate litigation, but if you find yourself in that situation regarding a family member, we can help you too.