What Did Nebraska’s 2025 Guardianship Law Change About Background Checks and Emergency Appointments?
In May 2025, Nebraska enacted Legislative Bill 453 (LB453), introducing major updates to guardianship and conservatorship law. The headline change is that all proposed guardians and conservators must now undergo fingerprint-based FBI background checks before being permanently appointed. The law also clarified how temporary and emergency guardianships work, ensuring vulnerable adults and incapacitated persons can be protected quickly in true crises while still maintaining judicial oversight. For families, these reforms mean more predictability and transparency in the process. For courts, they provide clearer safeguards to balance urgency, accountability, and due process.
Why Nebraska Now Requires FBI Background Checks
Before LB453, background checks were required but weren’t uniform. Fingerprints and FBI involvement weren’t always part of the process. With the law’s passage on May 29, 2025, that changed. Now, every proposed guardian or conservator must:
Submit fingerprints to the Nebraska State Patrol.
Have a full FBI criminal history report prepared and sent to the court.
Ensure the report is filed with the probate court before the final appointment hearing.
The statute also requires that petitions for guardianship or conservatorship state that the check has been initiated. Judges cannot finalize a permanent appointment until the report is in hand. This ensures courts have reliable information about a guardian’s history before granting authority over an incapacitated person’s care or a vulnerable adult’s finances.
Clarification of Temporary and Emergency Guardianships
LB453 also tightened the rules for temporary and emergency appointments. The law now explicitly allows judges to issue ex parte orders—appointments made without all parties present—when an immediate emergency exists. But the law places strict limits on these powers:
Limited Scope: Temporary guardianship orders must specify the exact powers given, confined to what’s necessary to address the emergency.
Exemption from FBI Checks: To avoid delay in urgent cases, the FBI background check is not required for emergency temporary guardianships.
90-Day Limits: Temporary guardianships last for 90 days and may only be extended in further 90-day increments if “good cause” is shown.
This balances the need for quick intervention with safeguards against misuse of emergency authority.
Expedited Hearing Rights for the Alleged Incapacitated Person
LB453 also emphasized due process. If the alleged incapacitated person—or any interested party—objects to the emergency guardianship, they have the right to request an expedited hearing.
Once requested, the court must hold the hearing within 10 business days, and the petitioner bears the burden of proving that the guardianship remains necessary. This ensures vulnerable individuals aren’t left under emergency orders longer than justified.
Frequently Asked Questions (FAQ)
Do all proposed Nebraska guardians and conservators need an FBI background check now?
Yes. Since May 29, 2025, fingerprint-based FBI background checks are required in nearly all permanent guardianship and conservatorship cases.
What happens if a guardianship is truly urgent?
In emergencies, the court can issue an ex parte order for a temporary guardian without waiting for the FBI check. These orders are narrow in scope and strictly time-limited.
How long can a temporary guardianship last in Nebraska?
Temporary guardianships last up to 90 days. They can be extended in 90-day increments only if the court finds good cause at a hearing.
Can the alleged incapacitated person challenge an emergency guardianship?
Yes. They—or any interested party—can request an expedited hearing, which must be held within 10 business days. The petitioner must then prove the guardianship is still necessary.
Why did Nebraska change the law?
The Legislature wanted stronger safeguards. FBI checks add accountability for long-term appointments, and clearer emergency rules help courts protect vulnerable adults quickly without sacrificing due process.
Final Thoughts
Nebraska’s 2025 reforms to guardianship and conservatorship law modernize the process and make it safer. By requiring FBI background checks, the state raised the standard of accountability. By clarifying temporary and emergency rules, it created a fairer balance between urgency and rights.
If you are considering filing for guardianship or conservatorship in Nebraska, it’s important to plan for fingerprinting, understand the 90-day limits on temporary appointments, and know how expedited hearings work. An experienced Nebraska guardianship attorney can walk you through the process, help you comply with the new requirements, and advocate for your loved one’s best interests.