Navigating Guardianship for Adults with Disabilities Turning 19 in Nebraska

Turning 19 Means Legal Adulthood in Nebraska—Even If Support Is Still Needed

If you’re parenting a child with disabilities in Nebraska and they’re approaching age 19, you may already know that this birthday is more than just a milestone. Under Nebraska law, age 19 is the age of majority (see Neb. Rev. Stat. § 43-2101), meaning your child is now considered a legal adult—even if they still rely on you for daily care and decision-making.

And this is where many families start asking:

• Do we need guardianship?

• Are there less restrictive options?

• How do we even start the process?

These are all the right questions to be asking, and you’re not alone in feeling overwhelmed by this moment of transition.

Why You Lose Legal Authority at 19—And What That Means

Until your child turns 19, you likely have full authority to:

• Communicate with doctors and educators

• Make healthcare decisions

• Sign consent forms

But once they reach legal adulthood, you no longer have automatic legal authority, even if your child still needs full-time support. Without legal tools in place, healthcare providers, schools, and service agencies may be unable to share information or accept your consent.

This doesn’t mean every child needs a guardianship. If your child can understand their options and make responsible decisions, no court involvement may be needed. But if their disability impacts decision-making in key areas, adult guardianship might be the right step.

What Is Guardianship for an Adult in Nebraska?

Adult guardianship is a legal process handled through county court in Nebraska. It gives a designated guardian the legal authority to make decisions about another adult’s personal well-being—usually when they are unable to do so safely themselves.

According to Neb. Rev. Stat. § 30-2601(9), a person is considered incapacitated if they are unable to make or communicate responsible decisions about their personal affairs—even with support.

A Guardian May Be Authorized to:

• Make healthcare decisions

• Choose where the person lives

• Coordinate services and personal care

• Advocate for the person’s safety and well-being

The process is not automatic—you must petition the court, present medical evidence, and receive a court order.

The Guardianship Process in Nebraska: Step-by-Step

1. File a Petition for Guardianship in the county where your child lives.

2. Submit medical documentation from a licensed provider explaining the disability and the person’s ability to make decisions.

3. Notify legally required parties.

4. The court may appoint a guardian ad litem or court visitor to investigate and report back.

5. Attend a hearing, where a judge decides if guardianship is appropriate and what level is needed.

Limited vs. Full Guardianship: The Least Restrictive Standard

Nebraska courts are required to use the least restrictive means necessary (Neb. Rev. Stat. § 30-2620(c)). That means they won’t grant full authority if a limited guardianship would meet the person’s needs.

Limited Guardianship Allows the Person to:

• Retain decision-making in some areas (e.g., social life or routine choices)

• Receive support only where needed (e.g., housing or complex medical decisions)

Example:

One of my clients, Amanda (name changed), came to me before her son Luke’s 19th birthday. Luke has autism and an intellectual disability but is very socially aware and capable in daily activities. After reviewing his needs, we chose a limited guardianship—giving Amanda authority over medical and housing decisions while respecting Luke’s autonomy. The result? A plan that gave everyone peace of mind without unnecessary restriction.

Alternatives to Guardianship in Nebraska

Not every young adult with a disability needs a court-appointed guardian. If your child can understand and sign legal documents, you may be able to use less restrictive tools, such as:

• Durable Power of Attorney (POA) for finances

• Health Care Power of Attorney

• Supported Decision-Making Agreements

These options allow your child to designate someone they trust without losing their legal rights.

What About Managing Finances?

Guardianship covers personal care—not money. If financial support is needed, options include:

• Conservatorship (court-supervised financial management)

• Representative payee (for SSI/SSDI)

• ABLE accounts (to manage funds while preserving benefits)

When Should You Start the Guardianship Process?

Start 6 to 9 months before your child turns 19. This gives you time to:

• Talk with providers

• Gather documentation

• Weigh your legal options

• Avoid last-minute gaps in care or decision-making authority

Waiting too long can lead to problems—like being denied access to medical records or being told you can no longer make decisions for your own child.

FAQ: Nebraska Adult Guardianship for Children with Disabilities

Is guardianship required when my child turns 19?

No. Guardianship is only needed if your child cannot make or communicate responsible decisions about their personal affairs, even with support.

What is the difference between full and limited guardianship?

• Full guardianship gives complete authority over personal decisions.

• Limited guardianship grants authority in specific areas only, preserving the adult’s independence wherever possible.

Can I just keep making decisions for my child without court involvement?

Not after age 19. Unless your child has signed valid legal documents (like a power of attorney), you no longer have default authority.

What kind of documentation do I need for the guardianship petition?

A letter or report from a doctor, psychologist, or other qualified healthcare provider, outlining the nature of your child’s condition and how it affects decision-making.

Can my child still make some decisions under guardianship?

Yes. Nebraska law encourages the court to leave as many rights intact as possible. This is where limited guardianship can be a great option.

Let’s Make a Plan That Supports Your Family

If your child is turning 19 soon—or already has—and you’re wondering whether guardianship is the right step, you don’t have to figure it out alone. I work with families across Lincoln, Omaha, and rural Nebraska to create plans that meet their loved one’s needs while respecting their rights.

Whether you need a full guardianship, a limited option, or a less restrictive alternative, I’ll help you explore your legal options, prepare documentation, and move forward with confidence.

Call 402-259-0059 or email zach@zandersonlaw.com to schedule a consultation.

Let’s make sure your child’s transition into adulthood is backed by a legal plan that truly supports them—and you.