What You Should Know About Guardianship in Nebraska

If you’re a parent, a caregiver, or someone planning ahead for a loved one who may not be able to make decisions for themselves, it’s worth understanding what guardianship is—and isn’t—under Nebraska law.

A guardianship is a legal setup where someone is appointed by the court to make decisions for another person who can’t make those decisions on their own, usually because of age, disability, or incapacity. In many cases, this comes up when a child’s parents have passed away or when an adult becomes incapacitated and hasn’t laid out a plan for who should step in. The guardian is responsible for personal decisions: where someone lives, what medical care they receive, and what day-to-day life looks like.

Here’s where people sometimes get confused: guardianship doesn’t always include managing someone’s money. In Nebraska, if the person also needs help with financial decisions, the court may appoint a conservator—a different role entirely. Sometimes the same person serves as both guardian and conservator, but the responsibilities are not interchangeable. A guardian handles the person, and a conservator handles the property.

Establishing a guardianship in Nebraska isn’t something that just happens overnight. You’ll need to petition the court, give notice to interested parties, and provide documentation that supports why the guardianship is necessary. And if you’re appointed, your work doesn’t end there. You’ll have to file annual reports with the court, outlining how the person is doing and confirming you’re acting in their best interest.

This is serious legal responsibility, and the courts don’t take it lightly. They want to make sure the individual’s rights are protected, and that guardians are doing what they say they will. If you’re on the other end—concerned about someone you love and thinking about stepping in—it’s important to get clear on what’s actually needed. Does the person need help managing daily life? Their finances? Both? Knowing that determines whether a guardianship, a conservatorship, or both are appropriate.

If you’re considering this, or if you’re in a situation where guardianship might become necessary, it’s worth having a conversation with an attorney who works in this area. Every case is different, and a one-size-fits-all answer usually doesn’t work here. Whether you’re planning for the future or facing something urgent, getting the right structure in place can make all the difference—for you and for the person you’re trying to protect. Contact me at 402-259-0059 or zach@zandersonlaw.com.