How Did a Nebraska Guardian Accused of Abuse Keep Dozens of Wards—and What Does That Reveal About Our Guardianship System?
Guardianship in Nebraska is intended to be a last resort, not a convenience. Courts may appoint a guardian only after finding, by clear and convincing evidence, that a person lacks sufficient capacity to make or communicate responsible personal decisions and that less restrictive alternatives are inadequate.
A guardian’s role is limited to personal decisions, such as housing, medical care, and daily support. Financial authority belongs to a conservator, unless the same individual is appointed to both roles. Even then, the guardian or conservator owes the ward a strict fiduciary duty, meaning they must act solely in the ward’s best interests.
Nebraska law also requires ongoing court supervision. Guardians may be required to complete training, post a bond, submit annual reports or accountings, and remain responsive to court inquiries. On paper, these safeguards are designed to protect vulnerable adults while preserving as much independence as possible.
The Flatwater case shows what happens when those safeguards are applied inconsistently.
Why the Guardian Was Not Automatically Removed
One of the most common questions families ask after reading the article is simple: Why wasn’t the guardian immediately removed once criminal charges were filed?
The answer lies in Nebraska’s removal standard. Under Neb. Rev. Stat. § 30-2623, a court may remove a guardian if doing so is in the best interests of the ward. Removal is discretionary, not automatic—even when a guardian is charged with a crime related to abuse or financial exploitation.
This legal standard explains why judges in different counties responded differently. Some courts acted quickly to suspend or revoke the guardian’s authority. Others waited, citing the need for case-specific findings. The law gives judges that discretion, which can result in uneven outcomes when court resources are strained.
What Changed in 2025: LB 453 and National Background Checks
The investigation also accelerated attention to a key legislative reform. In 2025, Nebraska passed LB 453, which now requires national FBI background checks for guardians. Previously, many guardians were subject only to state-level checks, which could miss out-of-state convictions or misconduct.
This change matters. It closes a significant screening gap and reflects the judiciary’s recognition that guardianship oversight needed strengthening. That said, background checks alone do not address high caseloads, missed reports, or day-to-day supervision once a guardian is appointed.
Red Flags That May Signal Guardianship Abuse in Nebraska
Families often sense that something is wrong long before a case reaches the news. In my experience, guardian abuse and neglect usually show up as patterns, not isolated incidents.
Common warning signs include unexplained financial activity, such as cash withdrawals or retail spending that does not align with the ward’s needs. Chronic communication problems—missed calls, infrequent visits, or vague answers—are another red flag. So are late or incomplete annual accounting reports, which are often the first place financial exploitation appears.
When these issues overlap, families should take them seriously. Nebraska courts rely heavily on documentation, and early intervention can prevent long-term harm.
What Nebraska Families Can Do If They Suspect Guardian Abuse
If you suspect a guardian is violating their fiduciary duty, you are not powerless. Nebraska law allows any interested person, including the ward, to raise concerns directly with the court. Judges can order detailed accountings, limit a guardian’s authority, or remove and replace a guardian for cause.
Importantly, a ward has the right to retain their own attorney for the limited purpose of challenging the guardianship or the guardian’s conduct—even after appointment. In cases involving suspected financial exploitation, families may also contact Adult Protective Services (APS) while pursuing court remedies.
Because guardianship cases are fact-specific and emotionally charged, working with a Nebraska guardianship attorney can help ensure concerns are framed in a way courts are most likely to act on.
How This Case Changes the Conversation About Choosing a Guardian
The takeaway from the Flatwater investigation is not that guardianship is broken beyond repair. It is that vetting and oversight matter, especially when private guardians are involved.
Families should ask hard questions before a guardian is appointed. How many cases does this person already handle? How do they document visits? Who reviews their accountings? What systems are in place to ensure transparency?
When guardianship is structured carefully and monitored appropriately, it can be a powerful protective tool. When it is not, the consequences can be devastating.
FAQ: Nebraska Guardianship Abuse and Oversight
What is the difference between the Nebraska Office of Public Guardian and a private guardian?
The Office of Public Guardian is subject to statutory caseload caps and internal oversight requirements. Private guardians are not currently subject to the same numerical limits, even though they owe the same fiduciary duties to their wards.
How do I remove a guardian in Nebraska?
A guardian may be removed under Neb. Rev. Stat. § 30-2623 if removal is in the best interests of the ward. This typically requires filing a motion, presenting evidence, and asking the court to intervene.
Does LB 453 apply to all guardians?
Yes. LB 453 requires national FBI background checks for guardians, strengthening screening requirements statewide.
Is guardianship the only option for a struggling adult?
No. Nebraska courts must consider less restrictive alternatives, such as powers of attorney, representative payees, supported decision-making, or limited guardianships.
Who should I call if I suspect financial exploitation?
In addition to contacting a Nebraska guardianship attorney, families may contact Adult Protective Services and notify the court overseeing the guardianship.