How to Get Guardianship of an Adult in Nebraska

When an adult is no longer able to make safe or informed decisions about their own care, safety, or wellbeing, a guardianship may be necessary. Whether due to disability, illness, injury, or age-related decline, Nebraska’s Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), effective January 1, 2023, provides a structured process to help ensure vulnerable adults get the support they need—with oversight and protection from the courts.

Here’s a straightforward breakdown of how to pursue adult guardianship in Nebraska and what to expect at each step.

What Is Adult Guardianship?

Adult guardianship is a legal arrangement in which one person (the guardian) is appointed by the court to make personal decisions on behalf of another adult (referred to as the incapacitated person in the petition stage, and later as the ward). This can include decisions about health care, living arrangements, daily care, education, and more.

Nebraska law encourages guardianships to be as limited as possible—only granting the authority necessary to meet the person’s needs while preserving their independence where possible. In some cases, a conservator may also be appointed to manage financial affairs.

Step-by-Step: Getting Guardianship in Nebraska

1. Determine If Guardianship Is Necessary

   First, consider whether guardianship is the right path. Courts require evidence that the person is unable to make or communicate responsible decisions. Before filing, it’s important to explore less restrictive alternatives like powers of attorney or supported decision-making agreements. The court must find that no less restrictive means exist (Neb. Rev. Stat. § 30-549(b)(2)).

2. File the Petition

   The process begins by filing a petition in the county court where the incapacitated person lives. This petition must include information about their condition, what powers you’re seeking, and why guardianship is needed (Neb. Rev. Stat. § 30-549).

3. Submit Supporting Documentation

   You’ll need to provide medical evidence—usually in the form of a physician’s affidavit or psychological evaluation—that shows the adult’s incapacity and need for protection (Neb. Rev. Stat. § 30-549(b)(1)).

4. Court-Appointed Visitor & Guardian ad Litem

   The court will appoint a visitor to meet with the proposed ward, evaluate the situation, and report findings (Neb. Rev. Stat. § 30-551). In many cases, a guardian ad litem (GAL) is also appointed to represent the proposed ward’s best interests, which may or may not align with their stated desires. The proposed ward has the right to an attorney who advocates for their expressed wishes—a different role from the GAL (Neb. Rev. Stat. § 30-550(b)).

5. Attend the Hearing

   A judge will hold a hearing to review the evidence, hear from all parties, and determine whether guardianship is necessary. The proposed ward has the right to attend, contest the guardianship, and be represented by counsel (Neb. Rev. Stat. § 30-551(a)).

6. The Court Makes a Decision

   If guardianship is granted, the judge will issue an order specifying what powers the guardian has. This could be a limited guardianship or a full guardianship, depending on the adult’s needs and capacities (Neb. Rev. Stat. § 30-552).

7. Take the Oath and File the Bond

   The guardian must take an oath to faithfully carry out their duties and may be required to post a bond—especially if also serving as conservator or managing financial assets (Neb. Rev. Stat. § 30-553, § 30-554).

8. Fulfill Ongoing Reporting Duties

   Guardians must file periodic reports with the court about the ward’s condition, care, and living situation (Neb. Rev. Stat. § 30-557). This continued court oversight ensures accountability and helps prevent abuse or neglect.

Who Can Be a Guardian?

Nebraska courts generally prefer family members or trusted individuals who have a genuine relationship with the proposed ward. However, in some cases, a neutral third party or professional guardian may be appointed if there’s no suitable family member.

When a Conservator Is Also Needed

Guardians handle personal and medical decisions, while conservators manage financial affairs. If the adult owns property, receives income, or has financial needs that require oversight, the court may appoint a conservator alongside or instead of a guardian.

Emergency Guardianship

In urgent situations where immediate action is required to prevent harm to the proposed ward, Nebraska law allows for the appointment of a temporary or emergency guardian for a limited period while the full guardianship petition is being heard.

Modifying or Ending Guardianship

Guardianship isn’t always permanent. If a ward’s condition improves or their needs change, the guardianship can be modified or even terminated through a court petition. This flexibility reflects Nebraska’s commitment to using the least restrictive means whenever possible.

Final Thoughts

Pursuing adult guardianship is a serious and sometimes emotional step. It involves taking legal responsibility for another person’s wellbeing. But when done thoughtfully and with care, it can provide vital stability and protection for someone who truly needs it.

If you’re considering guardianship for a loved one, I can help walk you through the process, answer your questions, and ensure that every step honors both the legal requirements and the dignity of the person involved. Contact me at 402-259-0059 or zach@zandersonlaw.com.