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 taking on that responsibility—you probably have a lot of questions. What can I legally do in this role? What are my responsibilities? What kind of court oversight is involved? And what rights does the protected person still have?
These are essential questions. Whether you’re newly appointed or concerned about how someone else is managing a guardianship or conservatorship, Nebraska law provides specific guidance—and specific limits.
Let’s walk through the basics, the legal duties, and the options for addressing concerns if something seems off.
Guardianship vs. Conservatorship in Nebraska
Before we dive into responsibilities, it’s helpful to clarify what each role involves under Nebraska law.
A guardian makes decisions related to personal care—things like medical treatment, living arrangements, and general well-being.
A conservator handles financial matters, including paying bills, managing assets, and protecting property.
Some individuals need both. In either case, the court’s standard is the same: all decisions must be made in the best interest of the protected person.
Guardian Responsibilities in Nebraska
If you’ve been appointed as a guardian, here’s what you are typically authorized to do:
What Guardians Can Do:
Decide where the protected person lives
Consent to or refuse medical treatment
Make decisions about education, services, and training
Support the person’s safety, personal care, and quality of life
What Guardians Must Do:
Promote independence: You must encourage the protected person to participate in decisions as much as they’re able and support the least restrictive alternative. (Neb. Rev. Stat. § 30-2620(c))
File an annual report: This report provides updates on the ward’s health, living situation, services, and overall condition. (Neb. Rev. Stat. § 30-2628)
Follow court oversight: The court can review your role, modify the guardianship, or terminate it. You must follow all orders and reporting rules.
Complete required education: Some counties require guardians to take an approved training course. Your local court can tell you if this applies.
Conservator Responsibilities in Nebraska
A conservator manages the financial affairs of someone who cannot safely or competently handle money or property.
What Conservators Can Do:
Access and manage bank accounts
Pay bills, debts, and taxes
Protect and maintain property and assets
Oversee investments or income
What Conservators Must Do:
Keep funds separate: You cannot combine the protected person’s money with your own. Ever.
Use funds only for their benefit: No exceptions. You are not allowed to pay yourself or others without court approval. (Neb. Rev. Stat. § 30-2640)
Post bond if required: Courts often require a bond to protect the estate in case of mismanagement. (Neb. Rev. Stat. § 30-2639)
Submit an annual accounting: This financial report must include all income, expenses, and account balances. (Neb. Rev. Stat. § 30-2641)
Comply with all court supervision: Your role is subject to ongoing judicial review.
What Rights Does the Protected Person Retain?
Even when under guardianship or conservatorship, the protected person retains fundamental rights, including:
The right to be treated with dignity and respect
The right to appropriate care in the least restrictive environment
The right to participate in decisions whenever possible
The right to request a court review
The right to have legal representation
Nebraska law emphasizes that these roles are not intended to remove all autonomy. Guardians and conservators must support the person’s independence wherever possible.
What If You Suspect Mismanagement?
It’s more common than you might think for family members to raise concerns. You may notice bills going unpaid, questionable financial transactions, or a decline in personal care.
A Real-World Example (Name Changed for Privacy)
Michelle called me after noticing her sister’s rent wasn’t being paid and some personal items had gone missing. Her sister was under a court-appointed conservatorship, and the answers Michelle got from the conservator didn’t add up.
We filed a petition for court review. The judge scheduled a hearing, required updated financial disclosures, and ultimately found clear mismanagement. The conservator was removed, and a new one was appointed—restoring peace of mind and protection for Michelle’s sister.
If You’re an Interested Person, You Have Rights
Under Nebraska law, interested persons—which typically includes family members or anyone with a legitimate concern for the person’s welfare—can:
Request copies of annual guardian reports or conservator accountings
File a petition for court review
Request modification of the guardianship or conservatorship
Seek removal of the guardian or conservator if they are neglecting their duties or mismanaging care
Bottom Line
Being a guardian or conservator in Nebraska is not just a title—it’s a legal role with clearly defined rights and responsibilities. The court expects honesty, transparency, and a commitment to supporting the protected person’s best interests.
If you’re stepping into this role for the first time, need help with your reporting, or believe something is going wrong in someone else’s case, I can help. Call or text 402-259-0059 or email zach@zandersonlaw.com.
I work with families across Nebraska—Lincoln, Omaha, and beyond—to ensure guardianship and conservatorship roles are fulfilled properly and lawfully.
Frequently Asked Questions
What’s the difference between a guardian and a conservator in Nebraska?
A guardian makes personal and medical decisions. A conservator manages money and property. Some individuals have both roles filled—sometimes by the same person, sometimes by different people.
Do I have to file annual reports with the court?
Yes. Guardians file an annual personal report about the ward’s well-being. Conservators file a detailed annual accounting of all financial activity.
Can a guardian or conservator be removed?
Yes. If someone isn’t fulfilling their duties or is mismanaging care or finances, the court can remove them. Anyone with a legitimate concern can petition for review.
What happens if a protected person’s condition improves?
The guardianship or conservatorship can be modified or terminated. Nebraska law supports limiting court involvement when a person can safely make decisions again.
Do family members have a right to request information?
Yes. Interested persons may request copies of reports, raise concerns with the court, and even request removal or changes in the guardianship or conservatorship arrangement.