What You Should Know About Guardianship in Nebraska
If you’re a parent, caregiver, or someone planning ahead for a loved one who may not be able to make decisions for themselves, it’s important to understand what guardianship means—and what it doesn’t—under Nebraska law.
At its core, guardianship is about stepping in to protect someone when they can’t safely or responsibly make decisions on their own. But it’s not a one-size-fits-all solution, and it’s not something courts grant lightly. Whether you’re planning ahead or navigating an urgent situation, understanding how guardianship works in Nebraska can help you make better, more informed choices.
What Is a Guardianship?
A guardianship is a legal arrangement in which a court appoints someone—called the guardian—to make personal decisions for another person—known as the ward—who is unable to do so on their own due to age, disability, or incapacity.
In Nebraska, guardians are typically responsible for decisions about:
Where the person lives
What kind of medical care they receive
How their daily needs are met
Guardianship can apply to minor children, elderly adults with cognitive decline, or individuals with developmental or intellectual disabilities.
Guardianship Is Not the Same as Conservatorship
This is where people often get confused. Guardianship covers personal decisions, but conservatorship covers financial decisions.
If someone also needs help managing money, paying bills, or protecting their assets, the court may appoint a conservator. In some cases, the same person can serve as both guardian and conservator, but these are separate legal roles with different responsibilities.
Guardian = Person
Conservator = Property
Understanding this distinction matters—especially when petitioning the court. You’ll need to be clear about what kind of help is actually needed so the right structure is put in place.
How to Establish Guardianship in Nebraska
Getting appointed as a guardian doesn’t happen automatically, even if you’re a close relative or longtime caregiver. Nebraska law requires a formal court process, which includes:
Filing a petition with the county court
Giving legal notice to all interested parties (family, agencies, etc.)
Providing documentation or testimony to support the need for guardianship
Appearing at a hearing, where the court reviews the facts and determines whether guardianship is appropriate
If appointed, your responsibilities don’t stop there. Guardians in Nebraska are required to:
File annual reports with the court describing the ward’s well-being
Act in the best interest of the protected person
Maintain communication with the court and with any relevant professionals
This is a serious, ongoing legal responsibility—not just a title.
When Is Guardianship Appropriate?
Before moving forward, it’s worth asking some key questions:
Is the person unable to make safe or informed decisions about their own care?
Are there specific risks to their health or safety without intervention?
Could a less restrictive alternative—like a power of attorney or supported decision-making—work instead?
Is the issue financial, personal, or both?
Courts in Nebraska are required to choose the least restrictive option that still meets the needs of the individual. That means guardianship is supposed to be a last resort—not a way to make someone do things your way.
Why It Helps to Talk to a Guardianship Attorney
Every guardianship case is different. Some involve minors with no surviving parents. Others involve elderly adults whose memory is fading. Sometimes, families are united and on the same page. Other times, they’re in conflict. There’s no universal answer, which is why personalized legal guidance matters.
If you’re considering petitioning for guardianship—or if someone has petitioned the court and you’re not sure what that means—it’s worth having a conversation with an attorney who knows this area of law.
I work with families, caregivers, and individuals navigating guardianship and conservatorship in Nebraska. Whether you’re preparing for the future or responding to a crisis, I’m here to help you make sense of the options and protect the people who matter most.
Reach out at 402-259-0059 or email zach@zandersonlaw.com to get started.