Navigating Guardianship for Adults with Disabilities Turning 19 in Nebraska

If you are the parent or caregiver of a child with disabilities here in Nebraska, and they are approaching age 19, you may already be hearing that this particular birthday brings more than just a celebration. Under Nebraska law, 19 is the age of majority (Neb. Rev. Stat. § 43-2101). That means when your child turns 19, they are legally considered an adult—even if they still need significant support in daily life.

And THIS is where a lot of parents find themselves asking, “Do we need to pursue guardianship now? What steps do we take? Are there alternatives?” If you’re in that spot right now—you are absolutely not alone. In fact, the Nebraska Judicial Branch even notes that this life transition is one of the more common points of “inconvenience and confusion” for families with children with disabilities. So let’s break it down, and hopefully give you some clarity before this milestone sneaks up on you.

First: once your child turns 19, YOU as a parent no longer have automatic legal authority to make decisions for them—even if you’ve been managing everything their whole life. Unless you take steps to put the right legal protections in place, your child will be treated as their own decision-maker. And for many young adults with disabilities, that might be perfectly fine—no guardianship required. But for others, where decision-making ability is significantly limited, guardianship for an adult may be appropriate to help them stay safe and well-supported.

In Nebraska, an adult guardianship is established through your local county court. The court must find that your child is “incapacitated”—which is defined as unable to make or communicate responsible decisions about personal affairs, even with support (Neb. Rev. Stat. § 30-2601(9)). If the court grants guardianship, the appointed guardian can then make decisions regarding healthcare, housing, personal care, and other key aspects of their well-being.

Here’s a quick outline of what that process generally looks like:

You (or the petitioner) will file a formal petition for guardianship with the court. Along with that petition, you will need medical evidence to support the request. This is often provided in the form of a detailed letter or report from your child’s doctor, psychologist, or other qualified healthcare professional, outlining the nature of the disability and how it affects their ability to make decisions. From there, required parties are notified, a court visitor or guardian ad litem may be appointed, and ultimately a court hearing will take place where the judge determines whether guardianship is needed—and if so, what level of guardianship is appropriate.

It’s really important to know that Nebraska courts do NOT take a one-size-fits-all approach. They are required to use the least restrictive means possible (Neb. Rev. Stat. § 30-2620(c)). Sometimes, a limited guardianship may be the best option—one that grants the guardian authority over certain areas, while leaving as many rights and decisions with your child as possible.

Let me give you an example. Last year, I worked with a mom—let’s call her Amanda—whose son, Luke, was getting ready to graduate from high school and turn 19. (Names changed for privacy.) Luke has autism and an intellectual disability. He’s bright, funny, and incredibly social, but he struggles with executive functioning and has difficulty understanding risks and consequences in certain situations.

Amanda reached out to me a few months before his birthday because she was hearing conflicting advice—some people told her she “had to” get full guardianship, others said she didn’t need anything at all. When we sat down and really looked at what Luke COULD do, and where he needed support, it became clear: a limited guardianship made the most sense. Luke could make many choices about his daily routine, social activities, and even some parts of his healthcare—but he needed help with complex medical decisions and understanding housing contracts.

We were able to put a plan in place that respected his strengths while giving Amanda the authority she needed to keep him safe. The relief she felt after that hearing was palpable—you could see it in her whole posture. And THAT is why this process matters.

It’s also important to remember: guardianship is not the only option. In some cases, if your child still has capacity to understand and sign documents, alternatives like a Power of Attorney or a Supported Decision-Making Agreement might give you the legal ability to help them without going through the full court guardianship process. These alternatives can be less restrictive, preserve your child’s independence, and are absolutely worth exploring with the right guidance.

You might also be wondering: what about managing finances? If your child receives SSI, has an ABLE account, or needs help managing money, that’s a separate legal question—and sometimes a conservatorship or representative payee arrangement may be needed. But for purposes of this post, we’re focused on guardianship for personal decision-making. Just know that financial considerations can be addressed separately, with the right planning.

So when should you start this process? In my experience, the BEST thing you can do is start 6 to 9 months before your child turns 19. That gives you time to explore your options, talk with your child’s care team, and avoid scrambling at the last minute—because trust me, I’ve seen too many families get blindsided when a medical provider suddenly says, “We can’t share information or take your consent anymore without legal authority.”

If you are sitting here trying to figure out whether guardianship for an adult child with disabilities in Nebraska is the right step—or whether another option might serve your family better—you do NOT have to figure this out alone. This is exactly the kind of work I do every single day with families across Nebraska, from Lincoln to Omaha to our rural communities. Together, we can walk through YOUR child’s specific situation and find the path that best supports them while respecting their rights.

You can reach me anytime at 402-259-0059 or by email at zach@zandersonlaw.com. I would be honored to help your family through this important milestone—and give you peace of mind that you’re on the right path.