How to Establish Guardianship for a Minor or Incapacitated Adult in Nebraska
When someone you love can no longer care for themselves—or when a child needs a safe and stable home—legal guardianship may be the next step. In Nebraska, guardianship is a court process that grants someone the legal authority to make personal decisions for another person who cannot do so on their own.
Whether you’re caring for an aging parent, supporting a young adult with disabilities, or stepping in for a child whose parent has passed away, it’s important to understand how guardianship works in Nebraska—and what to expect.
What Is Guardianship in Nebraska?
A guardian is someone appointed by a Nebraska County Court to make personal decisions on behalf of:
A minor (anyone under age 19 in Nebraska), or
An incapacitated adult, meaning someone who cannot make or communicate decisions to care for their health, safety, or well-being.
This is distinct from a conservator, who is appointed to manage a person’s finances. In some situations, a court may appoint both a guardian and a conservator.
When Is Guardianship Needed?
Nebraska courts view guardianship as a last resort because it limits a person’s autonomy. The court will first consider whether less restrictive alternatives—such as powers of attorney or supported decision-making agreements—are available.
Guardianship may be appropriate in situations such as:
A parent has died or is unavailable, and a relative needs to care for the child.
An aging loved one is diagnosed with Alzheimer’s or dementia and didn’t set up a power of attorney.
A young adult with disabilities turns 19 and still needs support with daily decisions.
An incapacitated adult is unable to manage personal care or medical decisions, and no legal decision-maker has been appointed.
Nebraska Guardianship Process: Step-by-Step
Here’s what the guardianship process generally looks like in Nebraska:
1. Filing the Petition
A petition for guardianship is filed with the County Court in the county where the person lives. This legal document outlines the reasons guardianship is being requested.
2. Notifying Interested Parties
The petitioner must notify the proposed ward, close family members, and other legally interested individuals. Everyone has the right to receive notice and participate in the process.
3. Court Hearing
A hearing is scheduled. The court reviews evidence to decide whether guardianship is necessary and if the petitioner is a suitable guardian.
In adult cases, the proposed ward has the right to legal representation.
4. Medical or Psychological Evaluation
For adult guardianships, the court often requires an evaluation or medical report documenting the person’s incapacity.
5. Appointment and Order
If the court determines guardianship is appropriate, it issues an Order of Appointment outlining the guardian’s responsibilities and authority.
6. Temporary Guardianship
In emergency situations, the court may grant a temporary guardianship while a full hearing is pending. This ensures immediate protection for the person at risk.
What Does a Guardian Do in Nebraska?
Once appointed, a guardian must:
Act in the best interest of the ward at all times
Encourage independence and involve the person in decisions when possible
File annual reports to the court on the person’s well-being
Follow the limits of their court-ordered authority
The guardian does not have unlimited power—they can only do what the court has authorized in its order.
When Does Guardianship End?
For minors, guardianship ends automatically at age 19, the age of majority in Nebraska.
For adults, guardianship continues until the court terminates it, which may happen if:
The person regains capacity
The ward passes away
A less restrictive alternative (like a power of attorney) becomes appropriate
Why Legal Guidance Matters in Guardianship Cases
Guardianship restricts fundamental rights. Nebraska courts take it seriously—and so should families.
Working with an experienced Nebraska guardianship attorney helps you:
Understand whether guardianship is the right tool for your situation
Explore alternatives like powers of attorney or health care proxies
Present a strong case in court if guardianship is needed
Avoid missteps and fulfill your duties after being appointed
Next Steps: Help With Nebraska Guardianship
If you’re navigating guardianship in Nebraska—for a parent, child, or vulnerable adult—you don’t have to do it alone.
Call 402-259-0059 or email zach@zandersonlaw.com to schedule a consultation. Let’s talk about the best way to protect your loved one—legally and personally.
Frequently Asked Questions About Guardianship in Nebraska
What is the difference between a guardian and a conservator in Nebraska?
A guardian makes personal decisions (health care, living arrangements), while a conservator manages financial affairs. Courts can appoint one or both roles depending on the situation.
Who can be appointed as a guardian in Nebraska?
Any responsible adult can petition to become a guardian, including family members or professionals. The court considers the petitioner’s relationship to the ward and ability to serve their best interests.
How long does the guardianship process take in Nebraska?
It depends on the case. A standard guardianship may take 4–8 weeks from filing to hearing. Temporary guardianships can be approved more quickly in emergencies.
Does the person needing guardianship have to attend court?
Yes, in most cases involving adults, the proposed ward must attend unless they are excused for medical reasons. They also have the right to a court-appointed attorney.
Can guardianship be challenged?
Yes. Family members or the proposed ward can object to the guardianship, propose alternatives, or challenge the suitability of the proposed guardian. The court will consider all sides.