A14:       With few exceptions, any competent person or suitable institution may be appointed guardian of an incapacitated person.  Neb. Rev. Stat. § 30-2627.  The court seeks to appoint a guardian who will serve the best interest of the ward.  Direct relatives are favored for the role of guardian, but the Court is allowed discretion in its appointment.  The Courts are also directed to hear the express wishes of the ward.  In some cases, the Court might require guardians to furnish a bond in accordance with Neb. Rev. Stat. § 30-2640 and § 30-2641.

Similarly, the Court may appoint an individual or corporate trustee as conservator of a ward’s estate.  Neb. Rev. Stat. § 30-2639.  The court prioritizes conservator appointments in much the same way as guardian appointments.

A15:       At this time, templates or sample forms are not available for a petition for a finding of incapacity and appointment of a guardian or conservator.  Neb. Rev. Stat. § 30-2619.  To file the petition, it is strongly recommended that you consult with a lawyer who practices in the area of guardianship law. (see Additional Resources for Court and Agency References)

The court may appoint a visitor to interview the alleged incapacitated person to verify the allegations of incapacity.  Neb. Rev. Stat. § 30-2619.01.  Within 60 days of the guardianship petition, the visitor will file an evaluation with the Court, which is made available to the guardian ad litem, the proposed ward, and the petitioner.  The evaluation will include the visitor’s recommendations regarding the proposed guardianship.  Neb. Rev. Stat. § 30-2619.03.  Following this report, parties have 10 judicial days to file a response.  Neb. Rev. Stat. § 30-2619.04.

After the petition is filed, the Court will issue an order setting the matter for hearing. Petitioners will need to serve personal notice on the incapacitated person and his or her spouse at least 14 days prior to the hearing.  Notice must also be served on the incapacitated person’s parents, adult children, and anyone who is currently serving as guardian or conservator or who has custody of the incapacitated person.  If the person to be protected has no spouse, children, or parents, at least one of their closest adult relatives must be given notice.  Petitioners need to check the statutes to ensure all parties are properly notified, or consult with a lawyer to ensure proper notice.  Neb. Rev. Stat. § 30-2625, § 30-2634. 

At the hearing, the Court will determine whether the person needs a guardian or conservator by clear and convincing evidence.  If a party objects to someone being appointed, then the matter is considered “contested” and will be set for trial at a later date so the Court has time to hear each party.  If the Court decides the person needs a guardian or conservator, then an Order of Appointment will be issued.

A16:       The person nominated in the petition to serve as guardian or conservator are required by law to complete and submit the following reports to the court.  Neb. Rev. Stat. § 30-2602.02.  Information on how to obtain the reports is found on the Nebraska Supreme Court website.

1. A complete and detailed credit report from any established credit reporting agency/business is accepted. (A credit score without supporting information is not sufficient.)
2. A Sex Offender Registry check: Nebraska residents use the Nebraska Sex Offender Registry and complete an Affidavit of Sex Offender Registry Search;
3. A Criminal History check: Nebraska residents use the Nebraska State Patrol Criminal History Reports for Arrest and Prosecution sheet; and
4. A Child/Adult Abuse and Neglect Registry check provided by the Department of Health and Human Services.

These reports must be completed and submitted to the court at least 10 days prior to the appointment hearing date.  A person can ask the court to waive one or more of these reports for good cause. 

NOTE: If a petitioner requests an immediate hearing because of an emergency need of a temporary guardianship or conservatorship, the background checks are not required. 

A17:       As a newly appointed guardian or conservator, there are specific forms that must be filed. When you receive your Order of Appointment from the court, you need to file the following within 30 days from the Order:

• Acceptance of Appointment (Forms No. CC 16:2.2.1 - CC 16:2.2.9);
• General Information Sheet;
• Address Information Sheet;
• Personal and Financial Information;
• Inventory and Affidavit of Due Diligence – sent to all interested parties and to ward with a Waiver of Notice Form;
• Financial Institution Receipt of Orders;
• Proof of Restricted Account (if applicable); and
• Proof of a bond (if required).

If the guardianship or conservatorship has funds in an account which requires a court order to access, the guardian must file a Proof of Restricted Account from a Depository or Financial Institution  within 10 days of appointment. If you are working with a lawyer, he or she will assist you with these steps and filing of the forms.

After all of these requirements are met, you will be issued “Letters of Guardianship or Conservatorship” which give you authority to serve.     

A18:       Once you receive your Letters of Guardianship and/or Conservatorship, it is your responsibility to provide your Letters to all institutions and agencies maintaining your ward’s assets.  You must file the following forms with the Court within 30 days after they have been completed by the appropriate party:                                                                                                                                          

1. Financial Institution Receipt of Letters.  This shows you provided your Letters to each financial institutions (banks, credit unions, etc.) where the ward has assets. This form must be attached to a printout from each financial institution that details the type and amount of each account held by the ward.
2. Certificate of County Court Proceeding Involving Real Estate.  This will ensure any communication regarding the wards real estate to your attention.

(Nebraska Conservatorship Flowchart, Nebraska Guardianship Flowchart, Nebraska Guardianship and Conservatorship Flowchart)

A19:       New guardians and conservators must complete a training program approved by the State Court Administrator. Neb. Rev. Stat. § 30-2627(d).  Training provides detailed information to assist guardians or conservators understand their responsibilities and resources available to help them meet the needs of their wards.

A list of upcoming approved training offered by the Office of Public Guardian can be found here.  Training must be completed and a Certificate filed with the court within 90 days of appointment.