2022 Nebraska Revised Statutes
Chapter 30 - Decedents' Estates; Protection of Persons and Property
30-2620 - Findings; appointment of guardian; authority and responsibility of guardian.
30-2620. Findings; appointment of guardian; authority and responsibility of guardian.
(a) The court may appoint a guardian if it is satisfied by clear and convincing evidence that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as the least restrictive alternative available for providing continuing care or supervision of the person of the person alleged to be incapacitated. If the court finds that a guardianship should be created, the guardianship shall be a limited guardianship unless the court finds by clear and convincing evidence that a full guardianship is necessary. If a limited guardianship is created, the court shall, at the time of appointment or later, specify the authorities and responsibilities which the guardian and ward, acting together or singly, shall have with regard to:
(1) Selecting the ward's place of abode within this state or, with court permission, outside of this state;
(2) Arranging for medical care for the ward;
(3) Protecting the personal effects of the ward;
(4) Giving necessary consent, approval, or releases on behalf of the ward;
(5) Arranging for training, education, or other habilitating services appropriate for the ward;
(6) Applying for private or governmental benefits to which the ward may be entitled;
(7) Instituting proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform such duty, if no conservator has been appointed;
(8) Entering into contractual arrangements on behalf of the ward, if no conservator has been appointed; and
(9) Receiving money and tangible property deliverable to the ward and applying such money and property to the ward's expenses for room and board, medical care, personal effects, training, education, and habilitating services, if no conservator has been appointed, or requesting the conservator to expend the ward's estate by payment to third persons to meet such expenses.
(b) In a limited guardianship, the powers shall be endorsed upon the letters of appointment of the guardian and shall be treated as specific limitations upon the general powers, rights, and duties accorded by law to the guardian. In a full guardianship, the letters of appointment shall specify that the guardian is granted all powers conferred upon guardians by law. After appointment, the ward may retain an attorney for the sole purpose of challenging the guardianship, the terms of the guardianship, or the actions of the guardian on behalf of the ward.
(c) A guardian shall not change a ward's place of abode to a location outside of the State of Nebraska without court permission.
- Laws 1974, LB 354, § 238, UPC § 5-304;
- Laws 1982, LB 428, § 6;
- Laws 1993, LB 782, § 6;
- Laws 1997, LB 466, § 7;
- Laws 2011, LB157, § 37.
Only after a written acceptance is filed and the guardian submits to the personal jurisdiction of the court will letters of guardianship be issued by the court. As such, one appointed who does not wish to serve as a guardian may simply refuse to accept the appointment. In re Guardianship of Nicholas H., 309 Neb. 1, 958 N.W.2d 661 (2021).
Pursuant to this section, a full guardianship may be established if the probate court finds by clear and convincing evidence that a full guardianship is necessary for the care of the incapacitated person. In re Guardianship & Conservatorship of Karin P., 271 Neb. 917, 716 N.W.2d 681 (2006).
A guardian for an incapacitated person appointed pursuant to this section is not entitled to quasi-judicial immunity with respect to the function of selecting the ward's place of abode by the guardian. Frey v. Blanket Corp., 255 Neb. 100, 582 N.W.2d 336 (1998).
A court may appoint a guardian when clear and convincing evidence establishes (1) that the person for whom a guardian is sought is incapacitated and (2) that the appointment is necessary or desirable as the least restrictive alternative available for providing continuing care or supervision of the person alleged to be incapacitated. In re Guardianship & Conservatorship of Hartwig, 11 Neb. App. 526, 656 N.W.2d 268 (2003).