In re Guardianship of Nicholas H.Annotate this Case
The Supreme Court reversed the order of the county court purporting to discharge the Office of Public Guardian (OPG) and appoint the ward's parents as successor coguardians over their objection, holding that the parents had standing to appeal and that the Public Guardianship Act, Neb. Rev. Stat. 30-4101 to 30-4118, did not permit the discharge of the OPG.
Nicholas was an adult with severe mental illness who was in need of a guardian. His parents served as his court-appointed coguardians until they petitioned to have the OPG appointed as Nicholas's guardian pursuant to the Act. The county court appointed the OPG as Nicholas's guardian, but OPG later filed a motion for discharge, asserting that Nicholas's parents should be named successor guardians. After a hearing, the court granted the OPG's motion for discharge and directed that Nicholas's parents be appointed his successor coguardians. The Supreme Court reversed, holding that the OPG failed to prove that its services were no longer necessary, and therefore, the county court erred in discharging the OPG under section 30-4117.