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 allowed to do—and what won’t I be able to do?”
That’s the right question to ask.
Being a guardian or conservator in Nebraska comes with serious legal authority—but also with limits. These limits are there for a reason: to protect the rights, dignity, and autonomy of the person you’re helping.
Let’s break down what Nebraska law allows (and prohibits) when you take on one of these roles.
What Does a Guardian Do in Nebraska?
A guardian makes personal and medical decisions for someone who has been found by the court to be legally incapacitated. This means the person is no longer able to make sound decisions for themselves in areas like healthcare, housing, or safety.
As a guardian, you can generally:
Decide where the person lives (home, assisted living, nursing facility, etc.)
Consent to medical care and treatment
Coordinate personal care, nutrition, and safety needs
Support the person’s emotional and social well-being
But you cannot:
Act outside the authority granted in the court’s order
Move the person out of Nebraska without court approval
Consent to high-risk medical procedures (like sterilization) without court approval
Restrict family contact without a court order
Treat the person’s life as your own to manage—your job is to support, not control
Nebraska Law Requires the Least Restrictive Approach
Nebraska guardianship law emphasizes least restrictive alternatives. That means guardians should only take over decisions that the person truly can’t manage. You’re expected to preserve as much independence and self-direction as possible.
What Does a Conservator Do in Nebraska?
A conservator handles the finances and property of someone who can’t manage money or assets on their own. The court only appoints a conservator if there’s clear evidence the person is financially vulnerable.
As a conservator, you can:
Pay bills and manage bank accounts
File taxes and oversee investments
Maintain property and handle insurance
Keep organized records of every financial transaction
But you cannot:
Mix your personal funds with the protected person’s (no commingling)
Use money for anyone other than the protected person
Make major financial decisions (selling a home, large gifts, loans) without court approval
Skip reporting—annual accountings are mandatory and closely reviewed
Guardians and Conservators Are Fiduciaries Under Nebraska Law
Whether you’re a guardian, a conservator, or both, you’re held to a high legal standard. Nebraska’s Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Neb. Rev. Stat. § 30-5001 et seq.) requires that you act as a fiduciary.
That means:
You must act with honesty, care, and loyalty
You must act only in the best interests of the protected person
You must follow court orders and state law—exactly as written
You must be ready to report your actions to the court and demonstrate that you’re doing the job correctly
This isn’t a symbolic role. It’s legal responsibility with real consequences.
Guardianship and Conservatorship in Nebraska Are Not Always Permanent
Many people assume that once guardianship or conservatorship is in place, it lasts forever. That’s not necessarily true.
In Nebraska:
Guardianship and conservatorship can be limited to specific areas (like medical decisions only or financial help only)
They can be temporary for emergencies or short-term needs
They can be modified or terminated if the person regains capacity, or if a less restrictive option becomes available (like a valid power of attorney)
The court’s goal is to provide just enough support—without unnecessarily restricting the person’s rights.
Bottom Line
Serving as a guardian or conservator in Nebraska isn’t about taking over someone’s life. It’s about stepping in where needed, with clear limits, and always with the goal of preserving dignity and independence.
If you’ve been asked to serve in this role—or you’re considering filing a petition for a loved one—I can help you understand what it means, what’s required, and how to get it right. Contact 402-259-0059 or zach@zandersonlaw.com.
Whether you need help starting the process or support once you’re appointed, I’ll make sure you’re equipped to do this well.
Frequently Asked Questions
What is the difference between a guardian and a conservator in Nebraska?
A guardian makes personal and healthcare decisions for someone who is legally incapacitated. A conservator manages money and property for someone who can’t do it themselves. The court may appoint one, both, or a different person for each role.
Can a guardian in Nebraska make medical decisions?
Yes, guardians can make medical decisions—but some procedures (such as sterilization) require specific court approval. Guardians must also act in the person’s best interests and follow any limits in the court’s order.
Can a conservator sell property or make large financial decisions?
Not without court approval. Major financial actions—like selling a home, making large gifts, or borrowing money—must be reviewed and approved by the court in advance.
What are my duties as a fiduciary in Nebraska?
You must act honestly, carefully, and only for the benefit of the protected person. You must keep good records, avoid conflicts of interest, and follow all court reporting requirements.
Can a guardianship or conservatorship be ended?
Yes. Guardianships and conservatorships can be terminated or modified if the protected person regains capacity, if the current arrangement isn’t working, or if less restrictive options are available. A court must approve the change.