Guardianship vs. Conservatorship in Nebraska: What’s the Difference and Which Do You Need?

If you’re trying to figure out whether guardianship or conservatorship is the right next step for a loved one here in Nebraska, you are NOT alone. I cannot tell you how often this exact question comes up when people reach out to me—often with a lot of urgency and stress. They know they need to step in to help an aging parent, an adult child with disabilities, or another vulnerable family member, but they aren’t sure which legal tool actually fits the situation. And honestly? That’s a REALLY good instinct. Because while guardianship and conservatorship are often mentioned in the same breath, they are two distinct processes under Nebraska law—and knowing the difference will save you time, money, and a lot of headache.

Here’s the simplest way I explain it to my clients: guardianship is about the person. Conservatorship is about the money.

When the court appoints a guardian in Nebraska (under Neb. Rev. Stat. § 30-2619 et seq.), that guardian is given legal authority to make decisions about the person’s well-being. This can include where they live, what healthcare they receive, and day-to-day care decisions. For example, if your mom is dealing with dementia and can no longer safely make her own medical decisions or manage her living situation, guardianship allows you to step in and make those choices on her behalf.

Conservatorship, on the other hand, gives someone legal authority over another person’s financial life (Neb. Rev. Stat. § 30-2630 et seq.). This might include managing bank accounts, paying bills, handling investments, and protecting assets from exploitation or mismanagement. If that same mom is also starting to miss bill payments or falling prey to scams, conservatorship allows you to step in and manage her finances appropriately.

I recently worked with a client—let’s call her Sarah—who was navigating this exact situation with her dad. His memory was declining, and she wasn’t sure what legal steps were actually needed. Initially, Sarah thought guardianship was the obvious choice, but after talking through her dad’s abilities, it became clear: he could still make personal decisions about where he lived and some healthcare preferences, but his financial life was unraveling. In HIS case, what he truly needed was a conservatorship—not a guardianship. That one conversation saved Sarah a lot of unnecessary legal steps and helped her protect what mattered most for her dad.

It’s also worth mentioning here—sometimes, less restrictive options like a Power of Attorney or Medical Power of Attorney might be enough. If your loved one still has capacity to sign documents, those can sometimes avoid the need for a full court process. But if capacity is already in question, that’s when guardianship or conservatorship becomes necessary.

Importantly, Nebraska courts do NOT automatically assign both guardianship and conservatorship. In fact, courts are required to use the least restrictive means necessary (Neb. Rev. Stat. § 30-2620(c), § 30-2637), granting only the authority that’s actually needed based on the person’s situation. Sometimes one is appropriate. Sometimes both. And sometimes a limited guardianship or limited conservatorship is the best fit. The court will look closely at what your loved one truly needs—not a one-size-fits-all approach.

If you’re sitting here asking yourself, “Do I need a guardianship? A conservatorship? Am I even on the right track?”—you are asking exactly the right questions. And you do NOT have to figure this out on your own. This is the kind of work I do every day with families across Nebraska, including Lincoln, Omaha, and surrounding communities. I’d be honored to help you sort through your options so you can move forward with clarity and confidence.

You can reach me directly at 402-259-0059 or email me at zach@zandersonlaw.com. When you’re ready to take the next step, I’m here. Let’s make sure you’ve got the right plan in place for YOUR family.