How to Get Guardianship of an Adult in Nebraska

When an adult can no longer make safe or informed decisions about their health, safety, or daily care, adult guardianship may be the right legal step. Whether the incapacity is due to a developmental disability, injury, serious illness, or age-related decline, Nebraska law offers a structured process to ensure vulnerable adults receive support—with court oversight to protect their rights.

If you’re considering guardianship for a loved one, here’s what you need to know about the Nebraska adult guardianship process under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), effective January 1, 2023.

What Is Adult Guardianship in Nebraska?

Adult guardianship is a court-authorized legal relationship in which one person (the guardian) is appointed to make decisions on behalf of another adult (the ward) who is unable to make responsible decisions for themselves.

Guardians may be given authority over:

• Medical and mental health care

• Living arrangements and residential placement

• Daily needs and personal care

• Educational or vocational planning

Nebraska courts are required to consider less restrictive options first and must limit the guardian’s powers to those necessary to meet the ward’s actual needs (Neb. Rev. Stat. § 30-552). Guardianship can be limited or full, depending on the ward’s capacity and circumstances.

Step-by-Step: How to Get Adult Guardianship in Nebraska

1. Determine Whether Guardianship Is Necessary

Before filing, the court will expect you to explore less restrictive alternatives, such as:

• Powers of attorney (financial or health care)

• Supported decision-making agreements

• Representative payee arrangements

The court can only grant guardianship if no adequate alternative exists (Neb. Rev. Stat. § 30-549(b)(2)).

2. File a Petition with the Court

To begin the process, you’ll file a petition for guardianship in the county where the incapacitated person resides. The petition must include:

• A description of the person’s condition and limitations

• Specific powers you are requesting

• Why guardianship is needed

  (Neb. Rev. Stat. § 30-549)

3. Submit Medical or Psychological Evidence

You must submit documentation—such as a physician’s affidavit or mental health evaluation—that confirms the proposed ward’s inability to make safe or informed decisions.

(Neb. Rev. Stat. § 30-549(b)(1))

4. Court-Appointed Visitor and Guardian ad Litem (GAL)

The court will appoint a visitor to meet with the proposed ward and evaluate their condition, needs, and preferences (Neb. Rev. Stat. § 30-551).

Often, a guardian ad litem (GAL) is also appointed to make independent recommendations based on the ward’s best interests—distinct from the ward’s personal wishes. The proposed ward has the right to their own attorney to represent their expressed desires.

(Neb. Rev. Stat. § 30-550(b))

5. Attend the Court Hearing

All parties will appear before a judge. The proposed ward has the right to:

• Be present

• Contest the guardianship

• Be represented by counsel

  (Neb. Rev. Stat. § 30-551(a))

The judge will review evidence and testimony to decide whether guardianship is warranted.

6. Court Issues Guardianship Order

If granted, the court will issue an order outlining:

• Whether guardianship is limited or full

• The specific powers the guardian will hold

  (Neb. Rev. Stat. § 30-552)

7. Take the Oath and File Any Required Bond

The new guardian must:

• Take an oath to act in the ward’s best interest

• Possibly post a bond (especially if managing finances or serving as conservator)

  (Neb. Rev. Stat. § 30-553, § 30-554)

8. Comply with Ongoing Reporting Obligations

Guardians are required to submit periodic reports to the court about:

• The ward’s condition

• Care and living arrangements

• Any changes in capacity

  (Neb. Rev. Stat. § 30-557)

This ongoing oversight helps ensure transparency and protect against abuse.

Who Can Be Appointed as a Guardian in Nebraska?

Nebraska courts typically prefer:

• Family members

• Close friends or caregivers

• Someone with a meaningful relationship to the ward

In the absence of a suitable person, a neutral third party or professional guardian may be appointed. The court’s priority is always the ward’s best interests.

What If Financial Management Is Also Needed?

If the adult also requires help managing money, paying bills, or handling property, the court can appoint a conservator in addition to—or instead of—a guardian. The conservator handles:

• Bank accounts and income

• Real estate

• Debts and financial planning

Guardianship and conservatorship can be combined or kept separate depending on the person’s needs.

Emergency Guardianship in Nebraska

In urgent situations, such as suspected abuse or imminent harm, the court may grant a temporary or emergency guardianship while a full petition is pending. This provides immediate protection but is time-limited and requires follow-up hearings.

Can Guardianship Be Changed or Ended?

Yes. Guardianship is not necessarily permanent. If the ward’s condition improves or if a different arrangement becomes appropriate, the guardian—or another interested party—can petition the court to:

• Modify the terms of guardianship

• Terminate the guardianship entirely

This reflects Nebraska’s goal of using the least restrictive means to protect adults while preserving their autonomy whenever possible.

Frequently Asked Questions (FAQ)

What is adult guardianship?

Adult guardianship is a legal relationship in which a court appoints a guardian to make personal decisions for an adult who lacks the capacity to do so themselves.

Who qualifies for guardianship in Nebraska?

A person may be placed under guardianship if they are unable to make or communicate responsible decisions due to physical or mental incapacity—and if no less restrictive alternative is available.

What’s the difference between a guardian and a conservator?

A guardian handles personal care decisions, while a conservator manages finances. The court can appoint one or both depending on the situation.

How long does the guardianship process take?

It depends on the complexity of the case, but most guardianship petitions in Nebraska take 4–8 weeks from filing to hearing. Emergency cases can be addressed more quickly.

Can a guardianship be limited?

Yes. Nebraska law prefers limited guardianships, granting only the authority needed to meet the ward’s actual needs.

What if someone disagrees with the guardianship?

The proposed ward has the right to object, request an attorney, and present evidence. Other interested parties can also contest the petition or suggest alternative arrangements.

Is guardianship permanent?

Not always. Guardianship can be modified or terminated if the ward’s condition improves or circumstances change.

Final Thoughts: Guardianship with Dignity and Legal Care

Pursuing guardianship for a loved one is a serious responsibility—and it can be deeply emotional. But when handled thoughtfully and within Nebraska’s legal framework, it can provide essential support for someone who truly needs it.

At Zachary W. Anderson Law, we guide families through every step of the Nebraska guardianship process—with care, clarity, and attention to your loved one’s rights and needs.