Guardianship vs. Power of Attorney: A Nebraska Family’s Guide to Making the Right Call
Most Nebraska families don’t want to rush into a courtroom the moment an aging parent starts showing signs of decline. It feels invasive, and frankly, it’s stressful. In many cases, a well-drafted Financial Power of Attorney and Medical Power of Attorney give adult children the authority they need while letting a parent keep their dignity, autonomy, and privacy.
But sometimes you don’t have a choice. When dementia progresses, when finances unravel, or when a vulnerable parent is being influenced by someone who doesn’t have their best interests at heart, Nebraska law may require guardianship or conservatorship to keep them safe. Because Nebraska courts must apply the “least restrictive alternative” standard (Neb. Rev. Stat. § 30-2620), understanding the differences between private planning tools and court intervention isn’t just helpful — it’s essential.
This guide breaks down Nebraska’s guardianship system, explains when a Power of Attorney is enough, and gives you a clear, local roadmap to protect your parent while avoiding unnecessary court involvement.
What Is Adult Guardianship in Nebraska?
Nebraska separates two roles that many states combine:
1. Guardianship (Personal Decisions)
A Guardian makes choices about your parent’s health care, daily safety, residency, living arrangements, and overall well-being. This authority comes from Neb. Rev. Stat. § 30-2601 et seq.
2. Conservatorship (Financial Decisions)
A Conservator handles money, bills, bank accounts, investments, real estate, and property under Nebraska’s Uniform Probate Code.
A court can appoint the same person to both roles, but they are legally distinct.
Once appointed, the parent becomes the “Ward.” A Nebraska Guardian must file an Annual Report on the Condition of the Ward, while a Conservator must file a detailed Annual Accounting of every dollar. These filings are public record in the county court — including here in Lancaster County.
That’s one reason many families try to avoid guardianship if a Power of Attorney is still an option.
How Does a Nebraska Guardianship Case Start?
A guardianship begins when someone — usually an adult child — files a petition alleging that the parent is “incapacitated” under Nebraska law. Once that petition is filed, several Nebraska-specific mechanisms go into motion:
Mandatory Notice Requirements
You must formally notify the parent and all “interested persons,” including adult siblings. This is not optional; failure to notify properly can delay or derail the case.
The Nebraska Court Visitor (Neb. Rev. Stat. § 30-2654) or Guardian ad Litem (GAL)
This is unique to Nebraska and an important part of the process.
A Court Visitor is a neutral person (often an attorney or trained professional) who:
Visits your parent in their current environment
Reviews their daily functioning, safety, and living conditions
Determines whether a guardianship or conservatorship is actually necessary
Reports back to the judge with findings and recommendations
Judges take Court Visitor reports very seriously.
In contested or high-risk cases, the court may appoint a Guardian ad Litem — an attorney whose sole job is to advocate for your parent’s best interests, not their stated wishes.
This happens often in Lancaster, Gage, Seward, and Saline Counties when siblings disagree or when elder financial abuse is suspected.
The Real Cost: Guardianship vs. Planning Ahead
Here’s the blunt truth: guardianship is expensive.
While a full Nebraska estate plan (Wills, Trusts, POAs, HIPAA releases) is an upfront investment, it is a fraction of the cost of a contested guardianship case.
A Nebraska guardianship may involve:
Filing fees (county-specific)
Court Visitor or Guardian ad Litem fees
Attorney fees for multiple parties
Medical evaluations
A Conservator’s Bond, if required
Ongoing reporting costs
If siblings fight over who should serve, I’ve seen cases easily climb into the five-figure range — even when everyone had good intentions.
How Is a Nebraska Power of Attorney Different?
A Power of Attorney (POA) is a private document your parent signs while they still have capacity. It falls under the Nebraska Uniform Power of Attorney Act (Neb. Rev. Stat. § 30-4001 et seq.).
Here’s what makes a POA powerful:
It’s Private.
No judge. No public file. No annual accounting.
It’s Voluntary.
Your parent decides who they trust — not the court.
It’s Flexible.
A POA can be:
Immediate, or
Springing (effective only upon incapacity)
Many Nebraska attorneys (myself included) prefer immediate POAs because hospitals and banks sometimes resist springing POAs without clear medical proof.
It Can Block an Unnecessary Guardianship.
Because Nebraska must use the least restrictive alternative, a valid POA often eliminates the need for guardianship entirely.
When Is Guardianship Necessary — Even With a POA?
In practice, even the strongest POA can fail. Guardianship becomes necessary when:
1. The Parent Refuses Help
A POA only works if the parent allows the agent to act.
If Dad has dementia, is still driving, still writing checks, or is being scammed — but refuses to accept help — guardianship may be the only safe route.
2. There Is Active Exploitation
It happens more than families expect. A vulnerable parent may sign a new, questionable POA giving control to:
A caregiver
A neighbor
A romantic partner
A financially motivated relative
Guardianship allows the court to suspend those documents and protect the parent.
3. The POA Is Invalid or Too Narrow
Nebraska institutions have specific requirements.
If a POA was downloaded offline, or fails to authorize certain transactions (selling real estate, accessing retirement accounts, dealing with Medicaid planning), banks and title companies might reject it.
When that happens, guardianship may be the only legally recognized fix.
FAQ: Common Questions From Nebraska Families
Q: Can I place my parent in memory care with just a Medical Power of Attorney?
A: Usually yes, if the POA specifically grants authority over residential placement. But if your parent is resisting placement — and it’s unsafe for them to stay home — Nebraska courts often require guardianship to authorize the move.
Q: What if my siblings and I disagree about who should be guardian or conservator?
A: This is extremely common. In Lancaster County, judges can appoint a neutral third party (professional guardian or a bank) when families can’t agree, to avoid ongoing conflict. Or hear evidence and determine which person would be the most appropraite.
Q: Is guardianship permanent?
A: Not always. If the parent regains capacity (e.g., after a stroke), the court can terminate it. But for progressive conditions like Alzheimer’s, it typically lasts for life.
Q: How do we know if it’s too late for a POA?
A: Ask whether your parent understands:
what a POA is,
who they are appointing, and
the general nature of their assets.
If they can’t answer these questions coherently, Nebraska courts will likely say they lack capacity to sign — and guardianship may be the only option.
Need Help Choosing the Right Path?
If you’re weighing POA vs. guardianship for a parent in Lincoln or the surrounding counties, you don’t need to guess.
We help families every week decide the safest, most respectful path forward — whether that means drafting a Power of Attorney or preparing for a guardianship petition.
Contact Zachary W. Anderson Law to schedule a consultation.