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Guardianship/Conservatorship in Nebraska

• Required Reporting Forms             

• Before Becoming a Guardian and/or a Conservator    

• Establishing a Guardianship/Conservatorship

• Informational Guides for Guardians/Conservators

• Records Check Prior to a Hearing to be Appointed

• Guardian/Conservator Education Requirements         

• Guardian/Conservator Rules and Laws

• Court and Agency References

 

2011 Changes in Responsibilities as Guardian/Conservator

If you are currently a Guardian and/or a Conservator, click here to view the changes in your responsibilities.

Educational Video

• 2012 Requirements for Guardian/Conservators

 

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 Offices and 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

 

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)

 

Quick Links

Coming Soon