Understanding Your Rights (and Responsibilities) as a Guardian or Conservator in Nebraska

If you’ve been appointed as a guardian or conservator in Nebraska—or you’re thinking about stepping into that role—you may be wondering: What exactly are my rights? What responsibilities will I have? And what kind of oversight is involved?

These are incredibly important questions, and I see them come up often. Sometimes it’s from new guardians or conservators who just received their court order and aren’t sure what’s next. Other times, it’s from family members of someone under guardianship or conservatorship who are concerned about how the person’s care or finances are being handled and want to know what rights they have to ask questions or involve the court.

In this post, I’m going to walk you through the core rights and responsibilities of guardians and conservators in Nebraska—and also explain what rights the protected person (or “ward”) retains, and how family members or interested persons can seek court review if something seems off.

The Basics: Guardianship vs. Conservatorship

First, a quick refresher:

• A guardian is appointed to make personal decisions for someone who is legally incapacitated—things like medical care, living arrangements, education, and day-to-day well-being.

• A conservator is appointed to manage financial affairs for someone who cannot manage their own money—this includes paying bills, managing accounts, protecting assets, and sometimes applying for benefits.

Some people need both a guardian and a conservator. In other cases, one is enough. In all cases, the court expects the person appointed to act in the best interest of the protected person—that’s the guiding principle of Nebraska law. (Neb. Rev. Stat. § 30-2620(c), § 30-2637)

The Guardian’s Rights and Responsibilities

As a guardian in Nebraska, you will generally have the right to:

• Make decisions about where the ward lives

• Consent to or refuse medical treatment on the ward’s behalf

• Make decisions about the ward’s education, training, and personal needs

• Ensure the ward’s personal well-being and safety

But with those rights come very serious responsibilities:

• Least restrictive decision-making: You must encourage the ward to participate in decisions as much as possible and promote as much independence as appropriate. (Neb. Rev. Stat. § 30-2620(c))

• Annual guardian’s report: You are required to file an annual report with the court updating them on the ward’s living situation, medical condition, services being provided, and general well-being. (Neb. Rev. Stat. § 30-2628)

• Court oversight: The court retains authority to review the guardianship and can modify or terminate it if needed. You must follow all court orders and filing requirements.

• Education requirement: Depending on your county, you may be required to complete an educational course on guardianship to ensure you fully understand your duties. Your court order or local court staff can tell you if this is required in your case.

The Conservator’s Rights and Responsibilities

If you are a conservator, you will generally have the right to:

• Control and manage the protected person’s financial assets

• Pay bills and handle debts

• Invest or manage property in the protected person’s best interest

• Protect assets from waste or exploitation

And again—significant responsibilities come with this role:

• Bond requirement: In many cases, the court will require you to post a bond to protect the protected person’s assets. (Neb. Rev. Stat. § 30-2639)

• Annual accounting: You must file an annual accounting with the court detailing all income, expenses, and asset management. (Neb. Rev. Stat. § 30-2641)

• Fiduciary duty: You are required to manage funds solely for the benefit of the protected person—not yourself or anyone else. Mismanagement can result in personal liability. (Neb. Rev. Stat. § 30-2640)

• Court oversight: The court retains supervisory power and can review your actions at any time.

The Rights of the Protected Person

Even when a guardianship or conservatorship is in place, the protected person retains important rights:

• The right to be treated with dignity and respect

• The right to appropriate care and the least restrictive environment possible

• The right to participate in decisions to the extent they are able

• The right to request court review of the guardianship or conservatorship

• The right to have an attorney or advocate involved if needed

Nebraska law places strong emphasis on preserving as much autonomy as possible—guardians and conservators are expected to support this goal.

What If You’re Concerned About How a Guardian or Conservator Is Handling Things?

This is a very common question—and one I see come up often in family situations, especially when there are concerns about finances or care.

Let me share an example (names changed for privacy).

A few months ago, I got a call from Michelle, whose adult sister was under a court-appointed conservatorship. Michelle had noticed that her sister’s rent wasn’t getting paid on time and some of her personal items were going missing. When she asked the conservator for details, the answers didn’t add up. Michelle wasn’t sure what rights she had or how to raise her concerns without causing family conflict.

We walked through her options, and Michelle ultimately filed a petition with the court asking for review of the conservator’s handling of the estate. The judge scheduled a hearing and required the conservator to submit updated financial records and an accounting. That review uncovered clear mismanagement, and the conservator was removed. A new conservator was appointed, and Michelle was able to rest easier knowing her sister’s finances were now protected.

The key takeaway? You do NOT have to sit back and watch if you believe something is going wrong. The court provides an oversight process, and Nebraska law allows concerned parties to bring those concerns forward.

If you are an interested person—which generally includes close family members or anyone the court determines has a legitimate interest in the protected person’s well-being (Neb. Rev. Stat. § 30-2601(11))—you have the right to:

• Request copies of annual reports or accountings from the court

• File a petition asking the court to review the actions of a guardian or conservator

• Request that a guardian or conservator be removed if they are failing in their duties or mismanaging the person’s care or estate

• Request modification of the guardianship or conservatorship if the protected person’s condition changes

Final Thoughts

Whether you are about to be appointed as a guardian or conservator—or you are a family member concerned about how one of these roles is being carried out—it is so important to understand both the rights and responsibilities involved.

These are serious legal roles, with real consequences for the life, well-being, and finances of a vulnerable person. And while Nebraska courts do offer some self-help resources, the nuances of managing these responsibilities—and navigating any concerns—often require legal guidance.

If you need help understanding your role, preparing for annual reporting, or bringing concerns to the court, I’m here. I work with families across Nebraska—Lincoln, Omaha, and throughout the state—and I can help you navigate these situations with clarity and confidence.

You can reach me anytime at 402-259-0059 or by email at zach@zandersonlaw.com. Whether you are stepping into this role for the first time, or trying to protect someone you care about, I would be honored to help.