A8:         A guardian must protect the personal and financial interests of their ward.  Guardians must obtain legal and financial documents important to their ward (estate information, health insurance, medical records, etc.).  Guardians are expected to keep information regarding their ward confidential unless disclosure is necessary to protect the ward. 

Guardians are expected to maintain relationships with the ward’s professional service providers, including doctors, attorneys, and financial consultants.  Guardians should have regular contact with such individuals to plan for the best interests of the ward.

Guardians should respect their wards and attempt to include them in making important decisions.  Guardians should understand the personal desires of their ward and should not take unnecessary control over their ward’s life.  Wards will maintain control over many decisions (including choices about friends, social functions, diet and exercise, etc.).

Guardians should reevaluate their ward’s condition periodically.  If the ward’s condition improves, the guardian must return to court for a legal reduction of their control over the ward. 

A9:         As a legal relationship, guardians must follow the court rules that apply to guardianships.  Nominated guardians must disclose certain information to the Court before they can be appointed (See Q16).  After being appointed, guardians must abide by the court order that lists their specific duties.  Furthermore, the guardian must complete and file certain forms as specified in the court order (see Q17).  Once all the completed forms are filed with the Court, guardians will receive “Letters of Guardianship,” which they will use to secure appropriate financial access, gain guardianship training certification, and file for control of their ward’s real property (see Q18). (Nebraska Conservatorship Flowchart, Nebraska Guardianship Flowchart, Nebraska Guardianship and Conservatorship Flowchart)

Guardians also have regular reporting and annual accounting requirements as addressed in A6. Requirements.

A10:       Yes.  A person can be both guardian and conservator for a ward.  If the ward has significant assets, the court may appoint a separate conservator to manage the ward’s finances.

A11:       Yes.  There are number of rules to follow once you become guardian or conservator:

• NEVER co-mingle your ward’s finances with your personal finances. You may need to open new accounts immediately in your ward’s name, if necessary.
• You cannot reimburse yourself more than $500 or pay an attorney more than $1,000 each year without the Court’s approval.
• You cannot make any ATM withdrawals or receive cash back on a transaction from any account without a Court order. If an account is restricted then you cannot access that money without a court order.
• You must notify the Court immediately if you or your ward has a change in address.
• You must notify the Court within 10 days if the ward dies.
• You cannot move the ward out of state without the Court’s permission.
• If you find or receive additional assets for your ward, you must report them to the Court within 30 days using the Notice of Newly Discovered Assets as described under Question 23.
• You need to get court approval and a court order in order to resign as guardian or conservator.

Quick Reference for Guardians/Conservators, Form No. CC 16:2.7.1.

A12:       The duties of a guardian or conservator end when one the following takes place:

• For a minor ward, when the ward reaches the age of majority, has been adopted, has been married, or has joined the military.
• For an adult ward, when the ward dies or the ward’s incapacity no longer exists.
• When the guardian or conservator is officially terminated by the court.

Neb. Rev. Stat. § 30-2614.

A13:          If a guardian or conservator dies or is incapacitated, the guardianship or conservatorship over the ward does not end.  A successor guardian or conservator will need to be appointed.  Resignation by a guardian does not terminate the guardianship until approved by the court.  Often, the court will require a replacement guardian or conservator before approving a resignation.  Neb. Rev. Stat. § 30-2614.

A standby guardian can be appointed to ensure continuity of care if a guardian or conservator dies or becomes incapacitated.  (Nebraska Conservatorship Flowchart, Nebraska Guardianship Flowchart, Nebraska Guardianship and Conservatorship Flowchart)