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.
What Is a Guardianship?
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.
When Is Guardianship Needed?
For Adults:
Guardianships happen when someone is legally "incapacitated"—they can’t understand or communicate decisions about their health, safety, or wellbeing. This can be due to dementia, brain injuries, developmental disabilities, serious mental illness, or chronic substance use.
For Minors:
Guardianships are needed when there’s no parent able or willing to care for the child. That might be because a parent is deceased, incarcerated, struggling with addiction, or simply unavailable. The court has to be convinced the child’s basic needs aren’t being met.
Who Can Be a Guardian in Nebraska?
Not just anyone can swoop in and claim this role. Nebraska law has a clear order of priority depending on the situation.
For children: parents are first, but if they’re unavailable, the court will look at anyone named in a will or legal document, then other trusted adults. Kids over 14 can have a say.
For adults: the court may consider a spouse, adult child, or someone named in a power of attorney document. But ultimately, the court chooses based on the ward’s best interests—and they can skip over someone with legal priority if it’s not a good fit.
Types of Guardianship in Nebraska
Minor vs. Adult Guardianship
Minor guardianship is for those under age 19.
Adult guardianship is for anyone 19 or older who is incapacitated.
Temporary vs. Permanent Guardianship
Temporary guardianship is for emergencies—think a child who needs care while a parent is in jail, or an adult needing urgent medical consent. These typically last up to 90 days (or 180 with extensions).
Permanent guardianship is longer-term, meant for ongoing support and decision-making. It stays in place until the court modifies or terminates it.
Full vs. Limited Guardianship
Full guardianship gives the guardian broad authority to make all personal decisions.
Limited guardianship is more specific—the ward may still be able to manage some areas of their life, but needs support in others. Nebraska law favors granting the least restrictive option possible.
The Guardianship Process in Nebraska
Filing a Petition: You start by filing in the county where the ward lives. You’ll need to show that guardianship is truly necessary and that no less restrictive options are available.
For adults: this usually involves medical records.
For minors: testimony about the parents’ inability or absence is typically required.
Court Review: Temporary guardianships can be granted quickly if there’s clear urgency. Permanent guardianships take longer and involve:
A full hearing
Background checks
Notifications to family and interested parties
In adult cases, potentially an attorney appointed to represent the ward
Training Requirement: All court-appointed guardians must complete training through the Nebraska Office of the Public Guardian. Even if you’re an experienced caregiver, this step is mandatory.
Ongoing Responsibilities: Once appointed, you’ll be required to:
Complete court forms (acceptance, background affidavits, financial disclosures)
Submit an annual report on the ward’s status and care
Track and manage any assets (if applicable)
Guardianship is not a one-time event. It’s an ongoing legal and ethical responsibility.
You Don’t Have to Do This Alone
Yes—it’s a lot. And it’s okay if it feels overwhelming. If you’re considering becoming a guardian, chances are it’s because you deeply care about someone who needs help. My job is to help you navigate this process, avoid unnecessary roadblocks, and make sure everything is done right.
Whether you’re trying to figure out if guardianship is the next step, or you’re already in the middle of a confusing situation and feel stuck, I’m here to help.
Talk to a Nebraska Guardianship Attorney
If you have questions about guardianship in Nebraska, or need help with the process from start to finish, let’s talk. You can schedule a consultation or call me directly at 402-259-0059. You can also email me at zach@zandersonlaw.com.