Ch. 3 - ​Q5: How are guardianships or conservatorships created?

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Ch. 3 - ​Q5: How are guardianships or conservatorships created?

A5:          To set up a guardianship or conservatorship, a Petition for Guardianship or Conservatorship (or both) is filed in the county where the alleged vulnerable adult or minor lives. The petition includes the reason(s) the guardianship is necessary, names and addresses of interested persons and the name or names of individuals willing to serve as guardian(s) and/or conservator(s).  The Court will schedule a hearing and notice will be served to interested persons.

At the hearing, the Court will consider the evidence presented to determine if the proposed ward is truly incapacitated.  If the Court finds the proposed ward is incapacitated, an order for the least restrictive alternative available will be issued. 

The court may order a "limited guardianship" in which only some decisions (such as medical and living arrangements) are to be decided by the guardian while other decisions (purchasing daily necessities for example) are made by the ward. While the law states that guardianships will be "limited" unless the court deems a full guardianship is necessary, the majority of guardianships are "full." Neb. Rev. Stat. § 30-2620.

Often, but not always, guardians and conservators are a family member of the vulnerable adult.  Neb. Rev. Stat. § 30-2627.