What Michael Oher’s Story Teaches Us About Guardianships, Conservatorships, and Transparency
In Nebraska, guardianship and conservatorship are two distinct legal tools authorized by the County Court:
A guardian makes personal decisions for someone, including where they live, what medical care they receive, and how their daily needs are met.
A conservator manages the person’s finances, including income, property, and business or legal matters.
Both tools involve removing legal rights from the person in question. That’s why the law sets a high standard for when they can be used. These are not tools of convenience or control. They’re meant to protect someone who is legally incapacitated—meaning they are unable to make safe, responsible decisions for themselves.
Nebraska Law Requires Oversight and Accountability
Guardians and conservators are fiduciaries. Under Nebraska law, this means they are legally required to act in the best interests of the protected person—not their own. And they don’t operate in a vacuum:
Guardians must file regular status reports with the court about the person’s condition and well-being.
Conservators must submit detailed financial accountings, showing how every dollar is spent, invested, or managed.
The goal is transparency—and accountability.
Due Process Rights for the Protected Person
Before any guardianship or conservatorship is granted in Nebraska, the individual has key due process rights, including:
Advance notice of the court proceeding
The right to legal representation
A hearing before the County Court
The opportunity to object or request modifications
These protections matter. They help ensure that legal rights aren’t removed without cause—and that decisions are made in a way that respects the person’s dignity.
Limited Scope and Least Restrictive Alternative
Another critical part of Nebraska law: the scope must be limited.
Courts are required to consider whether there’s a less restrictive alternative before approving a guardianship or conservatorship. That could include things like:
Durable Power of Attorney
Advance Health Care Directives
Supported decision-making
If a guardianship or conservatorship is approved, the court must tailor it to cover only what is necessary—nothing more.
These arrangements are also not permanent by default. If the protected person’s condition changes, or if there are concerns about how the arrangement is being handled, any interested party can petition to modify or terminate it.
When Transparency Fails: What We Learn from Michael Oher
Michael Oher believed he had been adopted. In reality, he was under a conservatorship. That misunderstanding—whether due to miscommunication, legal complexity, or something else—left deep emotional wounds and financial questions.
That’s not just a celebrity story. I’ve seen similar confusion right here in Nebraska.
When families don’t clearly explain the purpose and scope of a guardianship or conservatorship, it can lead to broken trust, costly conflict, and lasting harm. That’s why I tell every client:
Make sure the legal arrangement fits the actual need.
Keep the protected person informed, to the extent possible.
Limit the authority granted—don’t ask for more than is necessary.
Review the arrangement regularly, and remain open to change.
Frequently Asked Questions
What is a conservatorship in Nebraska?
A conservatorship is a court-appointed legal relationship in which one person (the conservator) manages the financial affairs of another person (the protected person) who is unable to do so safely on their own.
What is a guardianship in Nebraska?
A guardianship allows one person to make personal decisions—such as housing, healthcare, and daily care—for someone who is legally incapacitated.
How do you establish a guardianship or conservatorship in Nebraska?
You must file a petition with the County Court, provide notice to the person involved, and participate in a formal hearing. The court must find that the person is legally incapacitated and that no less restrictive alternative is adequate.
Can a guardianship or conservatorship be limited?
Yes. Nebraska courts are required to grant only the powers necessary to meet the individual’s needs. Courts favor limited guardianships whenever possible.
How can a guardianship or conservatorship be ended?
Anyone concerned about the protected person’s welfare—including the person themselves—can file a petition to modify or terminate the arrangement if it is no longer necessary or appropriate.
What if a guardianship or conservatorship is being abused?
You can request a review hearing, report concerns to the court, or seek to have the guardian/conservator replaced. Nebraska courts take fiduciary misconduct seriously.
Legal Clarity Is Protection
Michael Oher’s story reminds us that unclear legal relationships can leave lasting damage. Guardianships and conservatorships can be incredibly helpful—but only when they’re used transparently, reviewed regularly, and limited to what’s truly needed.
If you’re navigating these decisions in Nebraska—whether establishing, modifying, or challenging a guardianship or conservatorship—this is a conversation worth having with someone who knows the law and understands the human side of it, too.
You can reach me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation. These decisions deserve your full attention—and the people affected by them deserve your full care.