If money may still be leaving your parent's account, work on three fronts at once: contact the bank or investment firm's fraud team, report suspected exploitation, and talk with a Nebraska lawyer about protecting what's left. If your parent is in immediate danger, call 911. Nebraska Adult Protective Services (APS) takes reports at (800) 652-1999.
Nebraska law gives families several tools, and each one does a different job. A bank or credit union may temporarily delay or refuse suspicious transactions involving an adult 65 or older or a vulnerable adult, but the law doesn't require it to. APS investigates exploitation of adults who qualify for its services. A court can review what a financial power-of-attorney agent has done. And when the legal standard is met and an emergency exists, a county court can appoint a temporary conservator with limited authority to protect your parent's money.
None of these tools turns a worried family member into the manager of a parent's finances. Being your parent's child doesn't give you authority over their money. Being a joint-account holder may let you make withdrawals, but that doesn't necessarily make the funds yours, and it doesn't let you manage your parent's other property. A capable parent also has the right to spend or give away their own money, even in ways the family dislikes, and that isn't the same as exploitation. The right next step depends on how well your parent can manage money, who has access to it, and what's about to be lost.
A large withdrawal shows up on a statement. A new friend or caregiver starts answering every question about money. The electric bill is past due even though your parent's income should cover it easily. You may be wondering whether there's an innocent explanation, whether someone you trust is involved, and whether raising it will cost you your parent's trust.
You don't have to answer all of that before you act. Start with what you can actually point to: a specific transaction, a bill that went unpaid, a transfer you know is coming. Then think about what your parent needs protected. In Nebraska, financial institutions, Adult Protective Services, law enforcement and the courts each have a role, and they can work at the same time.
What should I do today if money may still be leaving the account?
Contact the institution holding the money, deal with any immediate safety concern, and start preserving records. If a transfer is pending or essential bills can't be paid, say so plainly.
Call the bank or investment firm's fraud team
Use a phone number from a real statement, the back of a card, or the institution's official website. Don't use one from a text, an email or an unexpected caller. Ask for the fraud department or whoever handles suspected elder financial exploitation. Give them the dates, amounts and recipients of the transactions that worry you, and tell them about any payment you believe is about to go out. If a payment has already been sent, ask right away whether it can be stopped, recalled or disputed. Speed matters, but recovery is never guaranteed.
Nebraska gives financial institutions specific authority here. Under Neb. Rev. Stat. § 8-2903, an institution that reasonably believes financial exploitation is happening may act. This covers exploitation that has occurred, is occurring or is being attempted, against a senior adult (age 65 or older under § 28-366.01) or a vulnerable adult. The institution may:
delay or refuse a transaction, withdrawal or disbursement;
block a change in account ownership, or a transfer to an account owned by someone else;
refuse instructions from an agent acting under a power of attorney; and
block a change to a beneficiary designation.
These powers have limits. The statute says the institution "may, but is not required to" act. You can raise the concern, but you don't control whether a hold goes on, how broad it is, or whether any money comes back. Any hold is also temporary. It ends at the earliest of three points:
30 business days after the institution first acts;
when the institution is satisfied the transaction won't result in exploitation; or
when a court ends it.
The institution may extend the hold past the initial period if it reasonably believes exploitation may continue, unless a court directs otherwise. If a hold does go on, that window is time to pursue longer-term protection.
You don't need a guardianship or conservatorship to ask a bank to look into suspected exploitation of a parent who is 65 or older.
For brokerage and investment accounts, contact the firm's fraud or compliance team. Under § 8-2908, a broker-dealer or investment adviser may delay a transaction or disbursement involving an eligible adult. It can do this if, after starting an internal review, it reasonably believes the request may result in financial exploitation, and it must meet the statute's notification requirements. Under § 8-2905, eligible adults include people 65 or older and vulnerable adults. The delay ends early if the firm decides the transaction won't result in exploitation. Otherwise the initial limit is 15 business days. A request from a qualifying state agency can extend it to no more than 30 business days from the first delay, and a court may order further relief.
Expect the institution to be careful about what it tells you. You can report a concern without being on the account, but privacy rules may keep it from sharing your parent's account details with you. That's normal, and it cuts both ways. Reporting a concern does not give you permission to log in as your parent, use their passwords, or move their money "somewhere safe."
Report suspected exploitation and safety concerns
If your parent is in immediate danger, call 911. For suspected theft, forgery, threats or financial exploitation without an immediate safety emergency, you can contact local police or the sheriff's office. You can do that while also pursuing protection through the courts.
Nebraska's Adult Protective Services hotline is (800) 652-1999. You can also report online through the Nebraska DHHS Adult Protective Services page. Under § 28-372, anyone may make a report on reasonable cause to believe a vulnerable adult has been subjected to abuse, neglect or exploitation. The same applies when someone observes conditions that would reasonably result in that harm, so the harm doesn't have to be complete before a report is appropriate.
Certain caregivers and professionals don't just have the option to report; they're required to. If DHHS asks for a written follow-up to a phone report, the statute requires it within 48 hours. When you call, tell the intake worker what you've seen, who has access to the money, and whether your parent's food, medication, housing or care is affected.
APS eligibility is narrower than the bank statute, and age alone doesn't qualify someone. Under § 28-371, a vulnerable adult is a person 18 or older who either:
has a substantial mental or functional impairment, or
has a guardian or conservator appointed under the Nebraska Probate Code.
APS doesn't serve as anyone's guardian or conservator, and it won't give you access to your parent's accounts. If you're not sure your parent qualifies, describe the situation and let the hotline make that call.
Keep a clean record without overstepping
Save the records you already have or can lawfully get. Don't take documents or log into accounts you aren't authorized to access.
What to gather
Statements, canceled checks, receipts or transfer confirmations showing the questioned transactions
Texts, emails or letters asking for money, changing payment instructions, or pressuring your parent to keep things secret
Unpaid bills, shutoff notices or care-facility statements showing how the loss is affecting your parent
Any financial power of attorney, health care power of attorney, trust, will, or existing guardianship or conservatorship order
Names and contact information for anyone who has access to your parent's accounts or has been "helping" with money
A dated, written account of what you personally saw and heard, including your parent's own explanation
Keep facts and suspicions separate. "A $9,000 transfer went to an unfamiliar account on Tuesday" helps more than "my brother is stealing everything." Write down the explanation you were given, even if you don't believe it.
Keep complete originals, including attachments and the surrounding messages. When you report a concern, point to the relevant records without changing them or presenting excerpts in a misleading way. Ask a lawyer before sharing confidential or potentially privileged material.
When it's safe, talk with your parent privately and without accusation. Something like "I noticed this payment and an overdue bill. Can we look at them together?" goes a long way. A parent who feels embarrassed, or who is afraid of losing independence, may get defensive. You can take the financial risk seriously and still make room for their side of the story.
When can a Nebraska court appoint an emergency conservator?
When your parent may need court-authorized financial protection and the situation can't wait for the normal timeline. Missing money alone isn't enough. The court still needs evidence that the legal standard is met.
The underlying standard
A conservator is a person the court appoints to manage someone else's money and property. Under § 30-2630(2), the court must be satisfied by clear and convincing evidence of two things.
First, the person must be "unable to manage his or her property and property affairs effectively" for a reason the statute recognizes. Those reasons include mental illness, mental deficiency, physical illness or disability, chronic drug use, chronic intoxication, and confinement.
Second, one of these must also be true:
the person's property will be wasted or dissipated without proper management; or
funds are needed for the support, care and welfare of the person (or of someone entitled to their support), and protection is necessary or desirable to obtain or provide those funds.
The evidence has to connect the condition to the money problem. A diagnosis doesn't replace proof of the statute's financial-management and protection requirements. And getting older, making an unpopular gift, or spending in a way the family dislikes doesn't, on its own, mean someone needs a conservator. A relative's preferences about money aren't the same thing as the parent's best interests. The standard exists to protect your parent's independence.
The emergency option
When a person "has no conservator and an emergency exists," § 30-2630.01 lets the court act while notice and a hearing are pending. The court can exercise a conservator's powers itself, or enter an emergency protective order appointing a temporary conservator. Your lawyer can weigh two approaches:
asking for an order before other parties are heard (an ex parte order); or
asking the court for a prompt hearing instead.
Neither approach guarantees an order. Any temporary appointment depends on what the court finds.
A hypothetical example (not a client story): A parent can no longer explain recent transactions. Two large transfers have already left the account, a care-facility bill is overdue, and text messages show another transfer planned for tomorrow. The bank statements, the overdue bill, the messages, and evidence about how the parent is functioning could help show both the need for protection and the urgency. The judge still decides whether the evidence meets the legal standard.
Which court, and what goes in the petition
Conservatorships are handled in county court, which has exclusive original jurisdiction over conservatorship matters under § 24-517(3). For a parent who lives in Nebraska, venue is generally the county where your parent lives, not where you live, under § 30-2632. That's subject to the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. For a parent living in Lincoln, that usually means Lancaster County Court.
Venue and interstate jurisdiction are separate questions, though. A recent move, a parent who lives out of state, or a case already open somewhere else needs its own analysis. Related disputes may also belong in a different case or court. Examples include a court review of a power-of-attorney agent's conduct, or a lawsuit to recover money that's already gone.
Under § 30-2633, the petition must include several items to the extent they're known:
the petitioner's interest;
basic information about your parent;
the name and address of any existing guardian;
your parent's nearest relative;
a general statement of your parent's property, with estimated values;
specific allegations showing why protection is needed; and
if an appointment is requested, the proposed conservator and the basis for that person's priority.
Tell your lawyer promptly which information you can't get. The petition still needs specific allegations supporting protection, and an emergency request needs evidence supporting the claimed urgency. Flag any pending transfer right away.
What to expect if the court enters a temporary order
Emergency authority is limited, conditional and reviewable. There's no single standard sequence of events. What happens depends on the order entered, the requests the parties make, and the court's findings. Under § 30-2630.01, these are the key points:
Authority is limited to the order. A temporary conservator has only the powers and duties the court specifies, and those are aimed at the emergency. A temporary appointment isn't general permission to manage everything, and it can be removed at any time.
An expedited hearing may be available, but it isn't automatic. Your parent or any interested person may request an expedited hearing by filing the request more than ten business days before the hearing date set on the main petition. If one is held, it must take place within ten business days after the request is received, with at least 24 hours' notice. The court can also order an expedited hearing in certain other circumstances.
Continuing the temporary order requires proof. At an expedited hearing, the petitioner must show by a preponderance of the evidence that the temporary conservatorship is still necessary to address the emergency. If the court continues it, the order is effective for 90 days. Further 90-day extensions require good cause.
It can end early. A temporary conservatorship ends when its period runs out, when the court finds the emergency no longer exists, or when the court enters an order after a full hearing on the petition. That full hearing can happen before a temporary period expires.
The statute measures some periods in days, some in business days and one in hours, so your lawyer should calculate every deadline from the governing law and the actual order.
Your parent keeps important rights throughout. Under § 30-2634, the notice to your parent must explain several rights, including the rights to:
request an attorney;
present evidence;
compel witnesses to attend;
cross-examine witnesses;
request a closed hearing; and
appeal any final order.
When a temporary conservator has been appointed, the notice must also say so, explain how to contact the temporary conservator, and describe the right to request an expedited hearing. As amended in 2026, § 30-2636 also gives the person the right to attend each hearing virtually or in person.
The court may appoint an attorney for your parent. It may also appoint a guardian ad litem, whose role is to advocate for your parent's best interests rather than for any family member. A final appointment still requires clear and convincing evidence. If you hire a lawyer to file the petition, that lawyer represents you, not your parent.
What if the person taking the money has power of attorney?
A financial power of attorney is not a blank check. Nebraska's Uniform Power of Attorney Act sets duties for agents and gives certain people a way to ask a court to review an agent's conduct. For more on this, see How Can I Help Protect My Parent From Power of Attorney Misuse by a Sibling in Nebraska?
Duties. Whatever the document says, an agent must act in good faith and within the scope of their authority. The agent must also follow your parent's known reasonable expectations, or otherwise act in your parent's best interest. Unless the document says otherwise, the agent must act loyally and keep a record of all receipts, disbursements and transactions (§ 30-4014).
Gifts need express authority, and that's only the starting point. Some acts require authority expressly granted in the document (§ 30-4024). These include making gifts, changing beneficiary designations, creating or changing survivorship rights, and creating or changing trusts. Even with that permission, a transfer must also fit within the document's scope, comply with any other instrument that restricts it, and meet the agent's fiduciary duties. Unless the document says otherwise, general gift authority has its own limits under § 30-4040. Gifts are generally capped at the annual federal gift tax exclusion per recipient, and they must be consistent with your parent's objectives or best interest. "Mom put me in charge" doesn't answer whether a particular transfer was authorized.
Who can ask a court to step in. Under § 30-4016, a court can be asked to construe the power of attorney or review the agent's conduct. The people who may ask include your parent's spouse, parent or issue (children and other descendants), along with presumptive heirs, a guardian or conservator, a caregiver, and certain government agencies. Your parent's voice still matters. If your parent moves to dismiss the petition, the court must dismiss it unless it finds your parent lacks capacity to revoke the agent's authority or the power of attorney.
Records aren't automatic. Being an adult child doesn't, by itself, entitle you to demand the agent's records. Under § 30-4014(8), unless the power of attorney provides otherwise, the agent doesn't have to disclose receipts, disbursements or transactions unless one of two things happens:
a court orders it; or
a qualifying person requests it: your parent, a guardian or conservator, another fiduciary acting for your parent, or a government agency with authority to protect your parent.
After a qualifying request, the agent generally must comply within 30 days. Alternatively, the agent can give a written explanation of why more time is needed and then comply within an additional 30 days.
Revocation. If your parent has capacity and wants to revoke the agent's authority, a lawyer can help document that decision and give notice to the agent and financial institutions. Notice matters: an agent or institution that acts in good faith without actually knowing about the revocation may still bind your parent (§ 30-4010). Also, signing a new power of attorney doesn't revoke an old one unless the new document says so.
A conservatorship doesn't automatically cancel a power of attorney. Under § 30-4008, one specific situation changes things. If the court of your parent's domicile appoints a conservator to manage all of your parent's property (or all but specified exclusions) after a durable power of attorney was signed, two things follow. The agent becomes accountable to that conservator as well as to your parent. And the conservator has the same power to revoke or amend the power of attorney that your parent would have had. If the agent is part of the problem, the request to the court should address that authority directly.
What if a conservator is already in place?
Take your concerns to the court that appointed the conservator. That's a different process from asking for a first-time emergency appointment.
Under § 30-2645, anyone interested in the protected person's welfare may petition the appointing court. The court can be asked to:
require a bond or additional bond;
require an accounting;
direct distribution;
remove the conservator and appoint a temporary or successor conservator; or
grant other appropriate relief.
Removal for good cause is available under § 30-2644. These remedies come with notice and hearing requirements. Filing a petition doesn't, by itself, remove the conservator or suspend their authority.
Bring the case number, the appointment order, and whatever financial records you have, and point to the specific payment or transfer that needs attention. "The conservator is doing a bad job" is only a starting point. Missing accountings, unexplained transactions and unpaid bills can help support a request for relief.
Does protecting the money mean my parent needs a guardian too?
Not necessarily. Generally, a conservator handles finances and property, and a guardian handles personal decisions such as where someone lives and their medical care. The roles can overlap in limited ways, though. When no conservator has been appointed, § 30-2628 gives a guardian certain financial powers, such as receiving money owed to the ward and applying it to the ward's support and care. The appointment order and letters identify the authority actually granted. For an overview, see Understanding Guardianship and Conservatorship in Nebraska.
Under § 30-2620, guardianship requires clear and convincing evidence of two things:
the person is incapacitated; and
guardianship is necessary or desirable as the least restrictive alternative available for their continuing care or supervision.
Nebraska guardianships are limited by default. A full guardianship requires the court to find, by clear and convincing evidence, that it is necessary. A problem with a bank account doesn't, on its own, justify taking over someone's medical or living decisions.
Even the financial fix may be narrower than an ongoing conservatorship. Once the grounds in § 30-2630 are established, § 30-2638 lets the court approve a protective arrangement or a single transaction, such as setting funds aside for care, without appointing a continuing conservator. Before approving one, the court considers the interests of creditors and dependents and whether ongoing protection is still needed.
For a parent who is still capable, voluntary steps may be a better fit:
meeting with the bank together;
setting up account alerts;
naming a trusted contact, where the institution offers one;
reviewing who has online access; and
getting independent advice about an existing power of attorney.
A trusted contact is someone the institution can reach out to, not someone who can make transactions. Section 4 of the federal Interagency Statement on Elder Financial Exploitation explains this. It says a trusted contact typically has no authority to view account information or execute transactions unless the account holder separately authorizes it. If your parent has recently received a dementia diagnosis, see Planning Ahead After a Dementia Diagnosis.
If a capable parent is being defrauded or pressured, a lawyer can evaluate whether temporary injunctive relief is available in an appropriate civil action. A restraining order without notice has strict requirements under § 25-1064:
specific facts in an affidavit showing immediate and irreparable injury before the opposing party can be heard; and
a written certification addressing efforts to give notice and why notice should not be required.
That kind of order is short-lived; it isn't an indefinite freeze. And calling a situation an emergency doesn't meet the standard by itself.
What happens after the immediate risk is addressed?
Make sure any protection actually takes effect, and that your parent's bills still get paid. Ask early who will cover housing, medication, utilities and care while access to the money is under review.
If a conservator is appointed, the court issues letters of conservatorship showing who was appointed and what authority they have. Under Neb. Ct. R. § 6-1443(B), the conservator must file a form within 30 days of the letters being issued. The form shows that the letters were provided to each financial institution holding the protected person's accounts or assets, and failing to file it results in suspension of authority. That's a filing deadline, not a reason to wait 30 days before alerting a bank to an active threat. It's also only one of a fiduciary's obligations. Anyone appointed should review every reporting, accounting, training, bond and order-specific requirement that applies to them.
Work with your lawyer and the institution to identify which automatic payments, access rights, outstanding checks or agent instructions need review. Only someone with legal authority should change them. Any changes must comply with existing orders and keep necessary payments for your parent's care in place. Keep your parent's money completely separate from your own, and document every authorized transaction.
Finally, keep your parent involved as much as they're able. Explain what has happened, which decisions are still theirs, and what help is being put in place. Protecting someone financially should also protect their dignity and the relationships that help keep them safe.
Questions to ask a Nebraska lawyer
Based on what I've seen, is this a matter for the bank, APS, a power-of-attorney review, a conservatorship, or more than one of these?
Is there a realistic basis for emergency relief, and should we ask for an ex parte order or a prompt hearing?
Which county court is the right venue, and does anything about my parent's residence or an existing case raise an interstate jurisdiction question?
Who has priority to serve as conservator, and would it be better for me, another relative or a professional to serve?
What will my parent be told, and is the court likely to appoint a lawyer or guardian ad litem for them?
What can realistically be recovered, by whom, in what kind of case, and at what cost?
What should I avoid doing while this is pending?
Frequently asked questions
Do I need proof of a crime before I report?
No. Under § 28-372, a report may be made on reasonable cause to believe a vulnerable adult has been subjected to abuse, neglect or exploitation, or has been placed in conditions that would reasonably result in it. Describe what you know, keep suspicions separate from confirmed facts, and let APS or law enforcement investigate. A report raises a concern; it doesn't establish that exploitation occurred.
What if my parent says the payments were gifts?
A capable adult can make gifts their children don't like. The real questions are whether your parent understood the transaction and chose it freely, or whether deception, intimidation, fraud or undue influence was involved. In the context of senior and vulnerable adults, those can fall within the definition of financial exploitation in § 8-2901. If a power-of-attorney agent made the gift, the document must expressly authorize gifts. Even then, the gift must also comply with any statutory limits, other governing instruments, and the agent's duties.
My name is on my parent's joint account. Can I move the money to keep it safe?
Be very careful. Withdrawal access, ownership of the money, and who receives it at death are three different questions. While the account owners are alive, Nebraska generally treats a joint account as belonging to each owner in proportion to their net contributions, unless there is clear and convincing evidence of a different intent (§ 30-2722). Net contributions account for withdrawals and other adjustments, not just deposits. Moving your parent's money into your own account can start a new dispute, so get legal advice first.
Do all my siblings have to agree before I go to court?
No. Anyone interested in your parent's estate, property affairs or welfare may petition for protection (§ 30-2633), and the law doesn't require the family to agree. Separately, your parent's spouse and adult children are entitled to notice of the hearing (§ 30-2634), so your siblings will likely have a chance to be heard. Notice isn't the same as consent. When a family disagrees, clear records and a request focused on your parent's needs can help support the petition.
Will the judge appoint me because I filed?
Not automatically. Under § 30-2639, Nebraska sets an order of priority, and several people rank ahead of adult children, including someone your parent nominated in a power of attorney and your parent's spouse. Priority also doesn't override the requirement that the person be qualified and able to serve. The court must consider your parent's expressed wishes and may pass over someone with priority when that serves your parent's best interest.
I live outside Nebraska. Can I still help?
Yes. You can report concerns, preserve records and work with Nebraska counsel from anywhere. Where a case belongs is a separate question that depends on your parent's residence and the interstate jurisdiction rules, not on your address. Whether you could, or should, serve as conservator from out of state is another separate question to discuss with your lawyer.
Can I file for an emergency conservatorship myself using court forms?
The Nebraska Judicial Branch says on its guardianship and conservatorship information page that it doesn't publish instructions or forms for establishing a guardianship or conservatorship, and it recommends talking with a lawyer. That describes its self-help resources; it isn't a rule against filing on your own behalf. The Judicial Branch does publish forms used after an appointment. Those forms are not a filing package for an emergency request.
Can money that's already gone be recovered?
Sometimes, but protecting what's left and recovering what's gone are separate efforts. Under § 30-4017, an agent who violates the Power of Attorney Act is liable to your parent, or your parent's successors in interest, for restoring the value the property would have had. The recovery runs to your parent, not to the family member who raised the concern. In a proceeding about a power of attorney, the court may also award fees and costs to a party, payable by another party, "as justice may require." Other civil claims may apply, and whether a judgment actually returns money depends on the evidence and on whether there are assets to collect.
Talk with a Nebraska attorney about protecting your parent
When you reach out, lead with the next loss you're trying to prevent and what your parent needs right now. Have your records, any legal documents and any existing court case number on hand. If a transfer is pending, say so in your inquiry. Don't wait for the meeting to mention it. Requesting a consultation doesn't guarantee immediate review or protective action, so if a transaction is about to happen, contact the financial institution directly too.
At Zachary W. Anderson Law in Lincoln, we help Nebraska families work through guardianship, conservatorship and power-of-attorney problems and decide on the right next legal step. You can learn about our guardianship and conservatorship services or request a consultation. Our goal is to protect your parent's resources and care while respecting their rights and their choices.
This article provides general educational information about Nebraska law and is not legal advice for your situation. Laws, court rules and procedures change, and this article may not reflect the most recent changes in the law. Legal rights, available remedies and deadlines depend on the facts and the law that applies. Reading this article or submitting an inquiry does not, by itself, create an attorney-client relationship or mean the firm has agreed to act for you. Do not assume an inquiry will be reviewed before a pending transaction or deadline, and avoid sending sensitive information until the firm gives you intake instructions. If someone is in immediate danger, call 911. Suspected exploitation of a vulnerable adult may be reported to Nebraska Adult Protective Services at (800) 652-1999.