Guardianships in Nebraska: What You Actually Need to Know

Let’s talk about something that most people don’t really want to think about—what happens when someone can’t take care of themselves. Whether it’s a minor without a stable parent in the picture, or an adult who’s no longer able to make safe, informed decisions, that’s where guardianships come in. And if you’re in Nebraska, there’s a very specific (and sometimes confusing) process for how this works. I’m going to walk you through it—plain and simple.

A guardianship is a legal setup where the court appoints someone (the guardian) to make personal decisions for another person (the ward) who can’t do so themselves. That might mean making healthcare decisions, helping with living arrangements, or just stepping in to make sure someone vulnerable is actually getting the care they need. This isn’t about “taking over someone’s life” just because they’re different or struggling—it’s about stepping in only when there’s no less restrictive way to support them.

So, when do we actually need one?

For adults, guardianships happen when a person is “incapacitated”—they can’t understand or communicate decisions about their health, safety, or wellbeing. Think dementia, serious brain injuries, developmental disabilities, or even severe mental illness or substance use. For kids, it’s a different story: a guardianship is needed if there’s no parent able or willing to care for them. Maybe the parent is deceased, incarcerated, struggling with addiction, or just not around. In any case, the court has to be convinced that the child’s needs aren’t being met.

Not just anyone can swoop in and claim this role. Nebraska law has a clear order of priority depending on the situation. For kids, parents come first (obviously), but if they’re unavailable, someone they’ve named in a will or other legal doc might be next, followed by other trusted adults. If the kid is over 14, they even get a say in who they’d prefer. For adults, it might be a spouse, adult child, or even someone named in a power of attorney document. But ultimately, the court is going to look at what’s in the best interest of the ward—and if that means skipping over someone with “priority,” they’ll do it.

Now let’s break down the types of guardianships. First up, adult vs. minor—that one’s straightforward: 19 and over = adult; under 19 = minor.

Next, temporary vs. permanent. Temporary guardianships are used when there’s an emergency—say, someone needs medical care and can’t consent for themselves, or a child needs someone to step in while a parent is in jail. These last up to 90 days (sometimes 180 with an extension). Permanent guardianships, on the other hand, are what we use when someone needs long-term help. These give the guardian broad authority over things like living arrangements and healthcare—and they stay in place until the court ends them or the ward no longer needs one.

Then there’s limited vs. full guardianships. A full guardianship gives the guardian power to make all personal decisions. A limited guardianship means the person might still handle some things on their own—maybe they just need help with medical decisions but are fine managing their own living situation. The goal is to give the least amount of power necessary to meet the person’s actual needs—nothing more.

So, what’s the process like?

First, a petition is filed in the county where the ward lives (or is staying). The petitioner has to show the person truly needs a guardian and that there aren’t any other, less invasive ways to support them (like a power of attorney, in-home help, etc.). For adults, that means medical records. For kids, testimony about the parents’ absence or inability to care for the child is usually enough.

Temporary guardianship petitions can be approved pretty quickly if the emergency is clear. Permanent guardianships take longer—there’s a full court hearing, background checks, notifications to family or other “interested parties,” and potentially even an attorney appointed to represent the ward (especially in adult cases). The court will want evidence and testimony to make sure the guardianship is really necessary and that the person asking for the role is fit for it.

Once appointed, there’s a required training class through the Nebraska Office of the Public Guardian (yes, even if you’re a seasoned caretaker—you still have to take the class). Then come the forms. LOTS of forms. Financial info, background check affidavits, acceptance paperwork, and an inventory of any assets the ward has. You’ll also be required to file an annual report every year to show how the ward is doing and how you’re managing things. It’s not a one-and-done deal—it’s an ongoing responsibility with accountability.

And listen, I know this can all sound like a lot—and it is. But if you’re stepping into this role, it’s because you care deeply about the person involved. You want to make sure they’re protected, supported, and treated with dignity. My job is to help make that legal process smoother and less overwhelming for you.

If you’re considering guardianship—or just have questions about whether it’s the right next step—I’m here. Whether you’re navigating a crisis, planning ahead, or already in the middle of things and feel stuck, let’s talk.

You can schedule a consultation or call me at 402-259-0059. Let’s make sure the people you care about are covered.