Ch. 4 - Q13: What happens if the guardian or conservator dies, becomes incapacitated, or is removed or resigns?

Ch. 4 - Q13: What happens if the guardian or conservator dies, becomes incapacitated, or is removed or resigns?

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)