A diagnosis or cognitive change does not automatically decide whether someone can participate in a court case or who may act for them. Nebraska uses different standards for civil lawsuits, divorce proceedings, guardianships, and conservatorships. This article explains those distinctions, the roles of guardians, conservators, attorneys, guardians ad litem, and agents under powers of attorney, and the questions families should address before taking action.

Nebraska guardianship law does not exist to stop every bad decision. Using Russell Casse from Independence Day as a memorable example, this article explains the difference between reckless choices and legal incapacity, why medical or professional evidence matters, and how Nebraska courts decide whether guardianship, conservatorship, or a less restrictive alternative is appropriate.