What Are the Responsibilities and Limitations of a Guardian or Conservator in Nebraska?
When families reach out about establishing a guardianship or conservatorship, one of the first questions is: “If I take this on, what exactly will I be able to do—and what won’t I be able to do?”
It’s an important question. Because being a guardian or conservator in Nebraska is a serious legal responsibility, with clear limits designed to protect the person you’re helping.
Let’s break it down.
Guardians: Personal Care Authority
If you’re appointed as a guardian, you’ll be responsible for making decisions about the person’s personal well-being. Nebraska law defines this role carefully.
Here’s what you can generally do:
Decide where the person lives (whether they remain at home, move to assisted living, or another setting appropriate to their needs).
Make medical decisions and consent to treatment.
Ensure their health, nutrition, personal care, and social opportunities.
Support their well-being and quality of life.
But there are important limits:
You can only act within the scope of authority granted by the court’s order. Some actions—such as moving the person out of state, consenting to certain medical procedures (sterilization, for example), or restricting contact with family members—require specific court approval.
Nebraska law emphasizes the least restrictive alternative. You must encourage as much independence as possible. The goal isn’t to take away all rights—it’s to provide support where needed, while respecting the person’s dignity.
You can’t treat their life or choices as your own to manage. You are making decisions for their benefit, not based on personal convenience or preference.
Conservators: Financial Management Authority
If you’re appointed as a conservator, your authority is focused on managing finances and property. This role, too, carries significant responsibility under Nebraska law.
Here’s what you’ll typically do:
Handle bank accounts, pay bills, manage income and investments.
File taxes.
Maintain and protect property (real estate, vehicles, valuable personal property).
Keep detailed records of all transactions and financial decisions.
But again—there are limits:
You must keep the protected person’s funds separate from your own. No commingling is allowed.
You can only use funds for their benefit—not for your personal use, and not based on what others might want.
Major financial actions—such as selling real estate, making large gifts, or taking on debt—generally require prior court approval.
You must file annual accountings with the County Court, providing transparency about how funds are being managed.
In Both Roles: You Are a Fiduciary
As either a guardian or conservator, you are a fiduciary under Nebraska’s Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Neb. Rev. Stat. § 30-5001 et seq.).
That means:
You must act honestly, carefully, and in good faith.
You must always act in the person’s best interests.
You must follow the court’s orders and state law—no more, no less.
You must be prepared to report to the court and demonstrate that you are fulfilling your responsibilities appropriately.
It’s Not Forever, and It’s Not All or Nothing
Many people worry that once guardianship or conservatorship is in place, it’s permanent. That’s not always true.
In Nebraska:
Guardianship or conservatorship can be limited—tailored only to the areas where support is needed.
It can be temporary—used for short-term situations with strict court oversight.
It can be modified or ended if the person’s capacity improves, if less restrictive alternatives (such as powers of attorney) become viable, or if the court finds it’s no longer needed.
Bottom Line:
Being a guardian or conservator is about providing the right level of support, at the right time, while respecting the person’s rights and dignity.
If you’re considering stepping into this role for a loved one—or if you’ve been asked to serve—I’m here to help you navigate the process and ensure you fully understand both your responsibilities and your limits under Nebraska law. Contact me at 402-259-0059 or zach@zandersonlaw.com.
It’s an important role. Let’s get it right—together.