Should You Establish Guardianship or Conservatorship in Nebraska Without an Attorney? Here’s What You Need to Know.

If you’re trying to figure out how to establish guardianship or conservatorship in Nebraska, and you’re wondering if you can do it yourself—you’re not alone. I hear this all the time:

“Can I just download the forms?”

“Do I really need to hire a lawyer?”

“How complicated can it be?”

The instinct makes sense. Legal fees can feel like a barrier, and most families are just trying to do right by someone they love. But here’s the truth: filing for guardianship or conservatorship in Nebraska is not just paperwork. It’s a multi-step legal process that touches on personal rights, medical evidence, court procedure, and ongoing legal obligations.

Let’s walk through what’s actually involved—and where things often go sideways for self-represented petitioners.

What Is Guardianship or Conservatorship in Nebraska?

In Nebraska, guardianship allows someone to make personal, medical, and placement decisions for another adult who is legally incapacitated. Conservatorship allows someone to manage finances for a person who cannot do so themselves.

You must file a petition in the county court where the person lives. That petition asks the court to legally determine that the person:

• Cannot make responsible decisions about their care (guardianship),

• Cannot manage money or property (conservatorship), or

• Needs help with both.

What Does the Nebraska Guardianship Process Involve?

Filing a petition for guardianship or conservatorship in Nebraska triggers a specific legal process. Here’s what that typically looks like:

Step 1: File the Petition in County Court

You’ll file forms requesting appointment of a guardian, a conservator, or both.

Step 2: Submit Required Supporting Documents

This includes:

• A current credit report for proposed conservators

• A criminal background check and sex offender registry check for proposed guardians or conservators

• Medical evidence (typically a doctor’s letter) that supports the claim of incapacity

Step 3: Provide Legal Notice

All “interested persons” must receive proper notice. This list can include:

• The person you’re trying to protect (the “ward” or “protected person”)

• Biological family members

• Anyone named in prior powers of attorney

• Others with legal or financial interest

This step is where many self-represented petitioners get stuck. Nebraska law has strict rules about who must be notified, how they must be served, and when.

Step 4: Court Investigation and Hearing

The court will often appoint a guardian ad litem or court visitor to conduct an independent investigation. They’ll talk to the parties involved and file a report with the judge.

At the final hearing, the judge will review:

• The petition

• The medical evidence

• The investigator’s report

• Any objections

If the court agrees that guardianship or conservatorship is necessary and appropriate, it will issue formal Letters of Appointment.

Step 5: Ongoing Legal Responsibilities

Even after appointment, you’re not done. Nebraska law requires:

• Annual reports or accountings

• Possibly a bond for conservators

• Additional court oversight in some cases

Why Self-Represented Guardianship Filings Often Fail

While Nebraska does not require you to hire a lawyer to file for guardianship or conservatorship, the risks of doing this without legal help are high. Common pitfalls include:

1. Incorrect or Incomplete Notice

If you miss someone who’s legally required to be notified—or serve them improperly—your case can be dismissed or delayed for months.

2. Medical Evidence Doesn’t Meet the Legal Standard

A vague or informal doctor’s note may be rejected by the court. The language must align with legal definitions of incapacity.

3. Misunderstanding Least Restrictive Alternatives

Nebraska courts will not approve full guardianship if less restrictive options (like supported decision-making or limited guardianship) could work. This is a legal safeguard for the protected person’s rights—and courts take it seriously.

4. Wrong Petition for the Circumstances

Guardianship vs. conservatorship isn’t always obvious. Filing the wrong one—or missing critical forms—can create unnecessary delays or incomplete protection.

5. Post-Appointment Mistakes

Even if you succeed in getting appointed, missing your annual reporting or failing to manage funds correctly can lead to court sanctions or removal.

Real Example: When “Doing It Yourself” Becomes a Problem

Earlier this year, someone named Tom contacted me in a panic. He’d filed for guardianship of his brother, who had a brain injury. He used the online forms and thought it would be simple—no family members were objecting.

But:

• He didn’t serve notice to extended family, which was required;

• The doctor’s letter he submitted was vague and didn’t meet the standard;

• The court investigator flagged concerns and the judge postponed the hearing—twice;

• His brother was unable to get needed care during the delays because Tom didn’t yet have legal authority.

By the time he called, the court had issued a warning: fix the petition in 30 days or it would be dismissed.

I got involved, fixed the filings, clarified the evidence, and helped Tom prepare for a successful hearing. But it took time, stress, and expense that could have been avoided.

Tom’s words after the hearing?

“If I had known this wasn’t just about filling out forms, I would’ve called you first.”

When You Definitely Need a Guardianship Attorney in Nebraska

It’s always smart to talk to a lawyer early, but it’s especially critical if:

• There’s family conflict over who should be appointed

• The person might object to having a guardian or conservator

• There are complex finances or property involved

• You’re not sure whether you need guardianship, conservatorship, or both

• The person’s incapacity isn’t clearly documented or may be disputed

• You want to craft a limited guardianship tailored to their needs

Bottom Line: Don’t Risk the Process or the Relationship

Guardianship and conservatorship in Nebraska are serious legal actions. They affect someone’s rights, dignity, and future. You don’t get unlimited chances to get it right. If something is missing, vague, or mishandled, it can delay protection—or result in the wrong person getting appointed.

If you’re unsure whether to hire a lawyer, I encourage you to weigh the risks. For many families, what starts as a cost-saving effort becomes a costly legal detour.

If you’re ready to talk through your situation, I’m here to help. Whether you need full representation or just initial guidance, I work with clients across Nebraska—Lincoln, Omaha, and statewide—and I’ll make sure the process works for your family, not against it. Contact me at 402-259-0059 or zach@zandersonlaw.com.

Frequently Asked Questions

Do I need a lawyer to file for guardianship in Nebraska?

No, Nebraska does not require a lawyer. But the process is legally complex, and mistakes can lead to delays or denial. Many people choose to work with an attorney to avoid those risks.

What forms are required for Nebraska guardianship or conservatorship?

At minimum, you’ll need a petition, criminal background check, sex offender registry check, a credit report (for conservators), and medical documentation. You must also serve legal notice to all interested persons.

What’s the difference between guardianship and conservatorship?

Guardianship covers personal and medical decisions. Conservatorship deals with managing someone’s finances. You may need one or both, depending on the circumstances.

How long does the guardianship process take?

If everything goes smoothly, it can take 30–90 days. But delays often happen due to incomplete filings, missing notices, or contested cases.

What happens after I’m appointed as guardian or conservator?

You must file annual reports, manage the person’s affairs in their best interest, and comply with court oversight. Failing to do so can result in court sanctions or removal.