Should You Establish Guardianship or Conservatorship in Nebraska Without an Attorney? Here’s What You Need to Know.
If you are trying to figure out how to establish guardianship or conservatorship in Nebraska, and you’re Googling whether you can handle this yourself—you are not alone. I see this question come up all the time: “Can I do this without a lawyer?” “What forms do I need?”
And I get it. Hiring an attorney can feel expensive, and many families are just trying to get through this process in the most affordable way possible. But here’s the truth: this is not a simple or quick court process, and going it alone can easily backfire if you aren’t prepared for how complex it actually is.
In this post, I’ll give you a high-level overview of what’s involved—so you understand the steps, the forms, and what’s required. But I’m also going to be very direct about where the biggest risks lie if you try to handle this without an attorney. I want you to make an informed choice, because I have seen far too many cases where a well-meaning family member tried to do it themselves—and ended up stuck, delayed, or with the wrong outcome entirely.
What the Process Actually Involves
To establish guardianship or conservatorship in Nebraska, you must file a petition in the county court where the person (called the “ward” or “protected person”) resides. The court will then consider whether the person is legally “incapacitated” (for guardianship) or unable to manage their financial affairs (for conservatorship).
The steps typically include:
Filing the Petition
Submitting a current credit report for any proposed conservator (required to screen for financial red flags)
Submitting a criminal background check and sex offender registry check for any proposed guardian or conservator
Serving legal notice to the ward and all interested parties (and knowing WHO is legally required to be notified is not always obvious—this is where many self-represented petitions get tripped up)
In many cases, appointment of a court visitor or guardian ad litem who will conduct an independent investigation and report to the judge
Gathering and submitting proper medical evidence (usually in the form of a doctor’s letter or evaluation) to support the incapacity finding
Attending a court hearing, where the judge will review the petition, the evidence, and any objections—always with the best interest of the protected person as the guiding principle
If the court grants the guardianship or conservatorship, there will be ongoing reporting obligations—including filing an annual report, potential bond requirements, and sometimes additional court oversight.
Why This Process Is More Complex Than It Looks
On paper, this may look like “just filling out forms.” And yes—you can. Nebraska courts do not require you to have an attorney to file a guardianship or conservatorship petition. The Nebraska Supreme Court does offer some general self-help resources and forms on its website, and other required documents that you can download.
But here’s what those resources won’t tell you: this process is HIGHLY fact-specific. There are nuances in the law that affect everything from who must be notified to how much authority the court will grant. If you don’t understand those nuances—and most non-lawyers understandably don’t—you can easily end up with a result that doesn’t actually meet your loved one’s needs.
Let me give you an example (names changed for privacy).
Earlier this year, a man named Tom called me in a bit of a panic. He had filed for guardianship of his adult brother, who has a significant brain injury and needs ongoing care. Tom had downloaded the court forms online, filled out what he thought was required, and submitted everything himself. He assumed it would be “simple”—after all, his brother clearly needed help, and no one in the family was objecting.
But here’s what happened:
He didn’t realize he needed to serve notice to several extended family members—so the court flagged his petition as incomplete.
His doctor’s letter didn’t meet the legal standard for incapacity—so the court visitor’s report came back questioning whether guardianship was even necessary.
The hearing date was continued twice because of these issues, meaning months of delay—during which time his brother was unable to access needed medical care because Tom didn’t yet have legal authority.
By the time Tom called me, the case was a mess. The court had issued an order giving him 30 days to correct the filings or risk dismissal. I was able to step in, get everything cleaned up, draft the correct notices, work with the doctor to submit proper evidence, and prepare Tom for a successful hearing—but it took significant time and stress that could have been avoided.
And here’s what Tom said to me afterward: “If I had known this wasn’t just about filling out forms, I would have called you first.”
Where Families Get Stuck the Most
Here’s where I see pro se (self-represented) filers run into problems again and again:
Serving notice incorrectly—If you miss required parties or serve notice incorrectly, your entire case can be delayed or dismissed.
Improper or incomplete medical evidence—If your doctor’s letter doesn’t meet the legal standard, your petition can be denied.
Misunderstanding the “least restrictive” standard—Courts will not simply rubber-stamp a full guardianship or conservatorship if a less restrictive option is appropriate. I have seen pro se petitioners lose their case entirely because they didn’t understand this principle.
Confusing the difference between guardianship and conservatorship—This can result in filing the wrong petition, or failing to protect the person’s assets properly.
Missing mandatory forms—Many self-represented filers don’t know that credit reports and background checks, or submit incomplete versions.
Failing to comply with post-appointment requirements—Even if you get through the hearing, failing to follow through on annual reporting can trigger court sanctions or removal.
When You REALLY Need an Attorney
In my experience, an attorney is essential if:
There is any disagreement among family members about who should be appointed
The proposed ward or protected person will object to the guardianship or conservatorship
The situation involves complex finances or assets
The person’s incapacity is not clearly documented or is disputed
You are unsure whether guardianship OR conservatorship (or both) are needed
You want to pursue a limited guardianship and need help crafting it properly
You simply want to avoid costly mistakes and delays
The Bottom Line
Establishing guardianship or conservatorship in Nebraska is one of the most important legal steps you can take to protect a vulnerable loved one. But it is NOT a simple process—and the stakes are too high to risk getting it wrong.
If you are considering filing without an attorney, I encourage you to think carefully about the risks. And if you want to talk through your options, I would be happy to help. I work with families across Nebraska—Lincoln, Omaha, and throughout the state—and I can help you navigate this process the RIGHT way.
Ultimately, entrusting this process to an experienced attorney isn’t just about avoiding pitfalls; it’s about peace of mind, knowing your loved one’s future is secured properly and efficiently.
You can reach me anytime at 402-259-0059 or by email at zach@zandersonlaw.com. Whether you need full representation or just some upfront guidance, I’m here to make sure you and your loved one are protected.