Guardianship vs. Conservatorship in Nebraska: What’s the Difference and Which Do You Need?
Feeling Confused? You’re Not Alone.
If you’re trying to figure out whether guardianship or conservatorship is the right next step for a loved one in Nebraska, you are definitely not the only one. I get this question all the time—usually from people who are overwhelmed, stressed, and trying to do the right thing for a parent, adult child with disabilities, or another vulnerable family member.
They know something needs to change. They just don’t know what legal option actually fits.
And honestly? That’s a smart question to ask—because getting it right early on can save you a ton of time, money, and frustration.
The Short Answer: Guardianship Is About the Person. Conservatorship Is About the Money.
Let’s start with the simplest way I explain this to clients:
Guardianship gives someone legal authority over a person’s well-being
Conservatorship gives someone legal authority over a person’s finances
They are two separate legal tools under Nebraska law, and courts do not automatically assign both. It depends entirely on what your loved one needs.
What Is Guardianship in Nebraska?
Under Neb. Rev. Stat. § 30-2619 et seq., a guardian is appointed by the court to make personal and healthcare decisions for someone who can no longer manage those aspects of their life.
This might include:
Choosing where the person lives
Making medical decisions
Managing day-to-day care
Example:
If your mother has advanced dementia and can no longer understand her care needs or make safe decisions about living alone, you may need to be appointed as her guardian so you can legally act in her best interest.
What Is Conservatorship in Nebraska?
Conservatorship is governed by Neb. Rev. Stat. § 30-2630 et seq. It allows someone to manage another person’s money, assets, and financial decisions, especially when that person is vulnerable to exploitation or simply struggling to keep up.
This might include:
Paying bills
Managing bank accounts and investments
Protecting assets from financial abuse or mismanagement
Example:
Let’s say your father is still relatively independent in daily life, but he’s missing payments, falling for scams, or unable to manage his retirement funds. In that case, you may need conservatorship, not guardianship.
A Real Example: Getting the Right Fit for Your Loved One
I recently worked with a client—let’s call her Sarah—who reached out about her dad. His memory was declining, and she assumed she’d need to pursue guardianship. But as we talked through the details, it became clear: he was still making sound choices about where to live and basic care, but his finances were slipping.
What he needed was a conservator—not a guardian.
Getting clear on this early meant Sarah avoided an unnecessary court process and got the specific authority she needed to support her dad financially.
Are There Less Restrictive Alternatives?
Absolutely. And Nebraska courts are required to consider them.
If your loved one still has legal capacity, you might be able to use:
Power of Attorney for financial matters
Medical Power of Attorney for healthcare decisions
These tools can often be put in place without going to court. But if your loved one is no longer able to understand or sign legal documents, that’s when a formal guardianship or conservatorship may be necessary.
Nebraska Law Requires the Least Restrictive Option
One of the most important things to know: Nebraska courts are required to use the least restrictive means necessary to protect someone who is incapacitated.
That’s written into law under:
Neb. Rev. Stat. § 30-2620(c) (guardianship)
Neb. Rev. Stat. § 30-2637 (conservatorship)
This means:
Courts won’t automatically grant full authority over both finances and personal care
Sometimes, a limited guardianship or limited conservatorship is a better fit
The court’s job is to tailor the order to exactly what’s needed—nothing more
So if you’re feeling unsure about what your loved one needs, that’s normal. The key is getting solid legal advice that helps you match the right legal tool to your family’s situation.
FAQ: Guardianship and Conservatorship in Nebraska
What’s the difference between guardianship and conservatorship in Nebraska?
Guardianship = decisions about personal care, health, and living situation
Conservatorship = control over finances and property
Can I be appointed as both guardian and conservator?
Yes, but only if needed. Courts in Nebraska are required to grant only the authority that’s necessary based on the person’s level of need.
What if my loved one still has legal capacity?
If they can understand and sign documents, powers of attorney (financial and medical) may be a better, less invasive solution.
Do I need to go to court for guardianship or conservatorship?
Yes. Both require a formal court process, including filing a petition, providing evidence of incapacity, and attending a hearing.
What’s a limited guardianship or conservatorship?
A limited order gives you only certain powers—like handling finances but not personal care, or making medical decisions without managing housing. Courts prefer this when full authority isn’t necessary.
Still Not Sure What You Need? Let’s Talk.
If you’re reading this and thinking, “Do I need guardianship? Conservatorship? Something else entirely?”—you’re asking all the right questions.
At Zachary W. Anderson Law, I help families across Lincoln, Omaha, and throughout Nebraska sort through their options, understand the legal steps, and create plans that truly protect their loved ones.
You do not have to figure this out alone.