Guardianship / Conservatorship in Nebraska

When persons find themselves unable to make responsible decisions about their finances, property, living situations or care, the courts may appoint a Guardian or Conservator.

Individuals serving as guardian/conservators may have legal training, but it may also be a person with no legal background. Court-appointed guardian/conservators manage the personal and/or financial affairs of vulnerable persons who can no longer protect themselves.

Education is offered to those serving as guardians and or conservators for individuals in Nebraska.
If you have questions or input regarding guardianships or conservatorships, send an email to nsc.guardianconservator@nebraska.gov.
Required Reporting Forms
Annual Reporting Forms
Other Guardian Forms
Interested Party Forms
Orders of Appointment
Acceptances of Appointment
Letters
Discharge of Guardian/Conservator
Full list of guardian/conservator forms (non-categorized)

Before Becoming a Guardian and/or a Conservator

Guardian: appointed by the court to make the personal decisions for the protected person, also known as the ward. The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.

Conservator: appointed to make financial decisions for the protected person. The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.

Establishing a Guardianship /Conservatorship

NOTE: The Nebraska Judicial Branch does not publish instructions or forms for the establishment of guardianship or conservatorship, but you can learn about the process by reading informational guides listed above. If you need to establish a guardianship or conservatorship you should talk with a lawyer.

Informational Guides for Guardians/Conservators(produced by University of Nebraska Extension Office)

*NOTE: All informational guides to be updated by January 1, 2012.

What is Guardianship?

Guardianship Responsibilities to the Court

Guardianship Responsibilities to the Ward

Alternatives to Guardianship

Decision-Making as a Guardian

Guardianship of a Minor

Guardian/Conservator Financial Responsibilities

Records Checks Prior to a Hearing to be Appointed as Guardian and/or Conservator

All four of the reports listed below are required to be submitted to the Court at least 10 days prior to your hearing to be appointed as Guardian/Conservator, unless waived or is temporary/emergency. Records will be kept confidential by the Court.

Credit Report

Any established credit reporting agency/business is accepted.

Sex Offender Registry

Nebraska residents use: Nebraska State Patrol Sex Offender Registry and complete Affidavit of Sex Offender Registry Search.

Out of State appointees use home-state registry.

Criminal History

Nebraska law requires a national criminal history check. National checks are currently unavailable; courts are accepting state-specific reports from the proposed guardian/conservator’s state(s) of residence at this time.

Nebraska residents use Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.

Abuse, Neglect Registry

Child/Adult Abuse and Neglect Registry checks are done in writing through Department of Health and Human Services (forms are both Spanish and English).

Guardian /Conservator Education Requirements

Guardian Conservator Education Classes

Helpful information required for new guardians or conservators within three months of appointment; held in conjunction with the UNL Extension Officesand Volunteers Assisting Seniors in Omaha.

University of Nebraska-Lincoln Extension

Volunteers Assisting Seniors (Omaha/Douglas County)

Guardian /Conservator Laws and Rules

Nebraska Statutes (Neb. Rev. Stat. §§ 30-2601 - 2661)

Uniform County Court Rules of Practice and Procedure. §§ 6-1401 to 6-1465.

Supreme Court Required Reporting Forms

Nebraska Supreme Court Commission on Guardianships and Conservatorships

Supreme Court Commission on Guardianships and Conservatorships

Court and Agency References

Many agencies and organizations throughout the State provide information about guardianships and/or conservatorships. A few Nebraska references are listed below:

County Court Clerk Magistrate Contact Information

Health and Human Services, State Unit on Aging

Health and Human Services, Adult Protective Services

UNL Extension Office

Nebraska Foster and Adoptive Parent Association (offers information and support for foster parents who are considering becoming guardians of the their foster children)

CONTACT

Sheryl Connolly
Trial Court Services Director
1213 State Capitol
1445 K Street/P.O. Box 98910
Lincoln, NE 68509
402-471-2671