How to Establish Guardianship for a Minor or Incapacitated Adult in Nebraska
Families often contact me when they’re facing one of life’s harder moments—when a loved one can no longer care for themselves, or when a child needs a safe and stable home. That’s where guardianship comes in. In Nebraska, guardianship is a legal process that gives a trusted person the authority to make decisions for someone who can’t manage on their own.
Here’s how the process works in Nebraska—and what families should know.
What Is Guardianship?
In Nebraska, a guardian is a person appointed by the County Court to make personal care decisions for either:
A minor (someone under age 19), or
An incapacitated adult—someone whose ability to make or communicate decisions is so impaired that they cannot provide for their own care, safety, or well-being.
This is different from a conservatorship, which deals with managing someone’s finances. In some cases, families may need both.
When Is Guardianship Needed?
Guardianship is needed when no other legal authority is in place—when the person needing care doesn’t have a parent available (for minors), or lacks powers of attorney or other advance planning documents (for adults). Nebraska courts treat guardianship as a last resort, as it restricts a person’s rights, and always look for less restrictive alternatives first.
Common situations where guardianship may be necessary:
A parent has passed away, and relatives need to establish guardianship for minor children.
An elderly parent develops dementia or Alzheimer’s and hasn’t set up a power of attorney.
A young adult with disabilities turns 19 and needs continued support with decision-making.
An incapacitated adult is unable to handle personal care or medical decisions, and family members need legal authority to act.
How the Process Works in Nebraska
Guardianship is established through County Court in Nebraska. The basic process looks like this:
Filing a Petition
The person seeking guardianship (the petitioner) files a formal Petition for Appointment of Guardian with the court.
Notice to Interested Parties
The law requires notice to the proposed ward (the person needing protection), close family members, and other interested parties. This ensures everyone is informed and can support or object.
Court Hearing
The court will schedule a hearing. The petitioner must prove that guardianship is necessary and that they are a suitable choice. For adult guardianships, Nebraska law gives the proposed ward a right to legal counsel to protect their interests.
Reports or Evaluations
In adult guardianships, the court usually requires medical or psychological evaluations to document incapacity.
Appointment
If the court determines that guardianship is in the person’s best interests, it will issue an order appointing the guardian and clearly outlining the scope of their authority.
Temporary Guardianship
In emergency situations, Nebraska law allows for temporary guardianships, which can provide protection while a full hearing is pending.
Ongoing Responsibilities of a Guardian
Once appointed, a guardian must:
File annual reports with the court about the person’s well-being.
Always act in the person’s best interests.
Encourage the person’s independence whenever possible.
Exercise only the powers granted by the court.
Important Notes
Guardianship for minors ends automatically when the child turns 19 in Nebraska (the legal age of majority).
Guardianship for adults continues until the court terminates it—if the person regains capacity, passes away, or a less restrictive alternative is put in place.
Why Legal Guidance Matters
Guardianship is a serious legal step. It restricts a person’s rights, and Nebraska courts carefully ensure that it is truly needed. Experienced legal guidance helps families:
Determine whether guardianship is the right option.
Explore less restrictive alternatives, such as supported decision-making or powers of attorney.
Navigate the court process effectively.
Fulfill their legal obligations once appointed.
Final Thoughts
If your family is facing questions about guardianship—whether for a child, a parent, or another loved one—you don’t have to navigate it alone. I help Nebraska families establish guardianships thoughtfully, compassionately, and in a way that protects everyone involved.
Ready to explore your options?
Contact me today at my Lincoln, Nebraska office—and let’s talk about what’s best for your family.