2022 Nebraska Revised Statutes
Chapter 30 - Decedents' Estates; Protection of Persons and Property
30-2601 - Definitions and use of terms.
30-2601. Definitions and use of terms.
Unless otherwise apparent from the context, in the Nebraska Probate Code:
(1) Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning himself or herself;
(2) A protective proceeding is a proceeding under the provisions of section 30-2630 to determine that a person cannot effectively manage or apply his or her estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced, or because the person is a minor, and to secure administration of the person's estate by a conservator or other appropriate relief;
(3) A protected person is a minor or other person for whom a conservator has been appointed or other protective order has been made;
(4) A ward is a person for whom a guardian has been appointed. A minor ward is a minor for whom a guardian has been appointed solely because of minority;
(5) Full guardianship means the guardian has been granted all powers which may be conferred upon a guardian by law;
(6) Guardian means any person appointed to protect a ward and may include the Public Guardian;
(7) Public Guardian is as defined in section 30-4103;
(8) Limited guardianship means any guardianship which is not a full guardianship;
(9) Conservator means any person appointed to protect a protected person and may include the Public Guardian;
(10) For purposes of article 26 of the Nebraska Probate Code, interested person means children, spouses, those persons who would be the heirs if the ward or person alleged to be incapacitated died without leaving a valid will who are adults and any trustee of any trust executed by the ward or person alleged to be incapacitated. After the death of a ward, interested person also includes the personal representative of a deceased ward's estate, the deceased ward's heirs in an intestate estate, and the deceased ward's devisees in a testate estate. The meaning of interested person as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. If there are no persons identified as interested persons above, then interested person shall also include any person or entity named as a devisee in the most recently executed will of the ward or person alleged to be incapacitated; and
(11) Guardian ad litem means an attorney appointed by the court in a guardianship, conservatorship, or other protective proceeding pursuant to sections 30-4201 to 30-4210 to represent the interests of a person who has been alleged to be incapacitated, ward, person to be protected, or minor.
- Laws 1974, LB 354, § 219, UPC § 5-101;
- Laws 1997, LB 466, § 5;
- Laws 2011, LB157, § 32;
- Laws 2013, LB172, § 1;
- Laws 2014, LB920, § 20;
- Laws 2016, LB934, § 25.
- Public Guardianship Act, see section 30-4101.