Disclaimer: This article provides general information and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney in Nebraska.
Detailed Answer
In Nebraska, the probate court can appoint a guardian to handle personal decisions—such as health care, living arrangements, and daily care—and a conservator to manage assets and finances for an incapacitated relative. The process follows the Nebraska Probate Code, primarily Neb. Rev. Stat. §30-2601 et seq.
Step 1: Determine Incapacity
You must establish that your relative qualifies as “incapacitated” under Neb. Rev. Stat. §30-2601. Obtain a medical report from a licensed physician or psychologist documenting that the individual cannot adequately make or communicate decisions about personal care or finances. See Neb. Rev. Stat. §30-2601.
Step 2: Prepare and File the Petition
File a Petition for Appointment of Guardian and Conservator or Petition for Limited Guardian in the district court of the county where the person resides. Forms and instructions are available from the Clerk of the District Court or the Nebraska Judicial Branch website. Include the medical report, a detailed plan of proposed care, and your relationship to the ward.
Step 3: Serve Notice
Serve the petition, notice of hearing, and medical report on the proposed ward, close relatives, and any other interested parties. Follow Neb. Rev. Stat. §30-2607 for service requirements. See Neb. Rev. Stat. §30-2607.
Step 4: Court Investigation
The court appoints an investigator, often a court visitor or guardian ad litem, to interview the proposed ward and report on their capacity, living conditions, and preferences. The investigator files a report before the hearing.
Step 5: Attend the Hearing
The court schedules a hearing. As the petitioner, attend with medical evidence and any witness testimony. The proposed ward may object or request counsel. The judge decides based on “clear and convincing” evidence. See Neb. Rev. Stat. §30-2608.
Step 6: Appointment and Letters
If approved, the court issues Letters of Guardianship and/or Conservatorship outlining your authority and duties. Guardians must follow Nebraska’s rules for making personal decisions in the ward’s best interest. Conservators must manage assets prudently and in the ward’s best interest.
Step 7: Ongoing Duties and Reporting
File annual reports with the court detailing the ward’s personal status, care, and financial transactions. Guardians report on personal care and well-being; conservators attach accountings of funds and assets. See Neb. Rev. Stat. §30-2629 and Neb. Rev. Stat. §30-2636.
Helpful Hints
- Review the Nebraska Judicial Branch website for local court forms and filing fees.
- Contact the district court clerk’s office to clarify procedural steps and deadlines.
- Keep detailed records of all financial transactions and personal care decisions.
- Notify the court promptly if the ward’s condition changes or if you must resign as guardian or conservator.
- Consider mediation or family meetings to address disputes and maintain transparency.