Guardianship / Conservatorship in Nebraska

    Guardianship / Conservatorship in Nebraska

    When persons find themselves unable to make responsible decisions about their finances, property, living situations or care, the courts may appoint a Guardian or Conservator. Court-appointed guardians/conservators manage the personal and/or financial affairs of vulnerable persons who can no longer protect themselves.

    • Guardian: Person(s) appointed by the court to make the personal decisions for the protected person, also known as the ward. The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.
       
    • Conservator: Person(s) appointed to make financial decisions for the protected person. The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.

    Education is required for those serving as guardians and or conservators for individuals in Nebraska. If you have questions or input regarding guardianships or conservatorships, send an email to nsc.guardianconservator@nebraska.gov.

    Guardians and conservators are required to report annually on the condition and finances of the protected person to the court which appointed them.  Contact information for county courts can be found in this list.

    Notice to Guardians and Conservators on Changes to Reporting Requirements (CC 16:2.66)

     

    Nebraska Supreme Court Rule §6-1433 requires that any governmental agency paying benefits on behalf of the ward, incapacitated person, protected person, or minor, be considered an interested person in a guardianship or conservatorship. This means that if your ward/incapacitated person/protected person gets social security or V.A. benefits, for example, you must send a copy of your annual report to the governmental agency. This is in addition to any other interested persons to whom you are currently sending reports and notice.

    If you were appointed:

    • Guardian with control of the ward's assets, complete the forms in Packet A if the ward is an adult or in Packet MA if the ward is a minor.
    • Guardian with a court-approved budget, complete the forms in Packet B if the ward is an adult or in Packet MB is the ward is a minor.
    • Conservator, complete the forms in Packet C if the protected person is an adult or a minor.
    • Both guardian and conservator, complete the forms in Packet D if the ward is an adult or in Packet MD if the ward is a minor.
    • Guardian without control of the ward's assets, complete the forms in Packet E if the ward is an adult or in Packet ME if the ward is a minor.

    Other forms to assist you in the guardianship/conservatorship process are available below:

    Establishing a Guardianship /Conservatorship

    NOTE: The Nebraska Judicial Branch does not publish instructions or forms for the establishment of guardianship or conservatorship, but you can learn about the process by reading informational guides listed below. If you need to establish a guardianship or conservatorship you should talk with a lawyer.

    Informational Guides for Guardians/Conservators (produced by University of Nebraska Extension Office)

    All four of the reports listed below are required to be submitted to the court at least 10 days prior to your hearing to be appointed as Guardian/Conservator, unless waived or is temporary/emergency. Records will be kept confidential by the court.

    1. Credit Report
      - Any established credit reporting agency/business is accepted.
    2. Sex Offender Registry
      - Nebraska residents use: Nebraska State Patrol Sex Offender Registry and complete Affidavit of Sex Offender Registry Search.
      - Out of State appointees use home-state registry.
    3. Criminal History
      - Nebraska law requires a national criminal history check. National checks are currently unavailable; courts are accepting state-specific reports from the proposed guardian/conservator’s state(s) of residence at this time.
      - Nebraska residents use Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.
    4. Abuse, Neglect Registry
      - Child/Adult Abuse and Neglect Registry checks are done in writing through Department of Health and Human Services (forms are both Spanish and English).


    Guardian/Conservator Education Requirements & Classes

    After January 1, 2016, all training will be conducted through the Office of the Public Guardian.​


    Guardian/Conservator Laws and Rules


    Nebraska Supreme Court Commission on Guardianships and Conservatorships


    Court and Agency References

    Many agencies and organizations throughout the State provide information about guardianships and/or conservatorships. A few Nebraska references are listed below:


    Adult Protective Services Hotline Information:

    If you have reason to believe a vulnerable adult has been abused, neglected, or exploited:

    • Call the 24-hour toll-free hotline at 1-800-652-1999 OR your local law enforcement.


    CONTACT

    Sheryl Connolly
    Trial Court Services Director
    1213 State Capitol
    1445 K Street/P.O. Box 98910
    Lincoln, NE 68509
    402-471-2671