Limited Guardianship in Nebraska: A Less Restrictive Way to Support Someone You Love

When most people hear the word “guardianship,” they picture a complete transfer of rights—one person taking over all decisions for another who can no longer manage on their own. And while full guardianship has its place, it’s not always the right fit. In fact, Nebraska law encourages a less restrictive option when possible: limited guardianship.

Limited guardianship allows a court to tailor the authority of a guardian based on what the protected person (called the “ward”) actually needs. It’s designed for situations where someone may need help in some areas of life, but not all. Think of it as scaffolding—support that allows the person to stay as independent as possible while still having a legal safety net in place. And just like scaffolding, if the person’s capacity improves, the legal support can be adjusted or even removed, allowing for greater independence.

When Limited Guardianship Makes Sense

Here are a few examples of when a limited guardianship might be appropriate:

• An adult with a developmental disability who manages daily routines but struggles with medical decisions

• An elderly parent who is mentally sharp but has trouble remembering to pay bills or manage medications

• A young adult aging out of foster care with mental health challenges but the ability to advocate for themselves in many areas

In these and other cases, a limited guardianship can be crafted to give the guardian power only over specific areas, like health care or educational decisions, while leaving the rest in the ward’s control. It’s more flexible and more respectful of the person’s autonomy.

What the Law Says in Nebraska

Nebraska’s Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (effective January 1, 2023) requires courts to consider limited guardianship first. According to Neb. Rev. Stat. § 30-552, a guardian’s authority should be limited to the scope of the ward’s actual limitations. Courts must grant only those powers that are “necessary and reasonably proportionate to the individual’s demonstrated need.”

A court can appoint a guardian to:

• Make medical decisions

• Determine where the ward lives

• Handle educational decisions

• Manage access to services or benefits

But it can also exclude any of these powers if the ward doesn’t need help in that area. For instance, a person might retain the right to vote, marry, or make day-to-day spending choices.

It’s important to distinguish guardianship from conservatorship. While a guardian makes decisions about personal matters (like where the ward lives or their medical care), a conservator is appointed to manage a protected person’s financial estate. A court can appoint a limited guardian, a limited conservator, or both, depending on the individual’s specific needs.

Why This Matters

Guardianship is a serious legal intervention. It limits a person’s rights—and sometimes, their dignity. That’s why Nebraska courts (and good attorneys) take care to make sure it’s the right fit.

A limited guardianship keeps the balance. It allows families to get support in areas that feel overwhelming, while still respecting their loved one’s ability to participate in their own life. It’s a legal tool, yes, but it’s also a way to honor someone’s humanity.

Before a court will even consider guardianship, it must determine if there are any less restrictive means that would adequately meet the person’s needs. These alternatives might include:

• Durable Power of Attorney: For financial matters, if the person had capacity to sign one

• Healthcare Power of Attorney: For medical decisions

• Supported Decision-Making Agreements: A newer option where an individual chooses supporters to help them make decisions, without transferring authority

• Representative Payee arrangements: For managing benefits like Social Security

Your attorney can help explore these options first.

What to Expect in the Process

To pursue limited guardianship in Nebraska, you’ll:

• File a petition with the court

• Identify the specific areas where guardianship is needed

• Submit medical or psychological evaluations, if applicable

• The court will likely appoint a visitor or court investigator to meet with your loved one and conduct interviews to assess their needs and wishes

• Attend a court hearing, where a judge will decide the scope of authority

The proposed ward has the right to an attorney, to contest the petition, and to suggest alternatives. In some cases, the court may appoint a guardian ad litem to investigate and make recommendations.

Who Can Be a Guardian?

A guardian can be a family member, a trusted friend, or in some cases, a professional guardian. The court will always appoint the person it believes is best suited to act in the ward’s best interests.

Final Thoughts

Limited guardianship is about flexibility, dignity, and fit. It’s not one-size-fits-all—and it shouldn’t be. If someone you love is facing challenges, but still has capacity in many areas, this could be the right legal option.

I help families navigate Nebraska’s guardianship process with clarity and compassion. If you’re unsure about whether full guardianship is necessary or if a limited order makes more sense, let’s talk. Contact me at 402-259-0059 or zach@zandersonlaw.com.