Does making “bad” decisions mean someone lacks legal capacity in Nebraska? Not necessarily. Under Nebraska law, adults are presumed to have capacity, even when their choices seem risky or unwise to others. Courts focus on how a decision is made, not whether family members or judges agree with the outcome. This article explains how Nebraska courts evaluate decision-making capacity, why guardianship requires clear and convincing evidence, and how concepts like the least restrictive alternative protect individual autonomy in estate planning, guardianship, and settlement disputes.

When an aging parent starts to decline, Nebraska families often wonder whether they truly need to go through guardianship — or if a Power of Attorney is enough. In Nebraska, the process is unique: judges must use the “least restrictive alternative,” Court Visitors investigate the parent’s situation, and guardianship and conservatorship carry serious reporting duties. This guide breaks down how those roles work, when a POA can avoid court altogether, and when guardianship becomes the only safe option. If you’re trying to protect a parent’s dignity while keeping them safe, this is a practical place to start.