Nebraska Statutes 30-2620. Findings; appointmentof guardian; authority and responsibility of guardian
(a) The court may appoint a guardian if it is satisfied by clear and convincing evidence that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as the least restrictive alternative available for providing continuing care or supervision of the person of the person alleged to be incapacitated. If the court finds that a guardianship should be created, the guardianship shall be a limited guardianship unless the court finds by clear and convincing evidence that a full guardianship is necessary. If a limited guardianship is created, the court shall, at the time of appointment or later, specify the authorities and responsibilities which the guardian and ward, acting together or singly, shall have with regard to:
Terms Used In Nebraska Statutes 30-2620
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) Selecting the ward’s place of abode within this state or, with court permission, outside of this state;
(2) Arranging for medical care for the ward;
(3) Protecting the personal effects of the ward;
(4) Giving necessary consent, approval, or releases on behalf of the ward;
(5) Arranging for training, education, or other habilitating services appropriate for the ward;
(6) Applying for private or governmental benefits to which the ward may be entitled;
(7) Instituting proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform such duty, if no conservator has been appointed;
(8) Entering into contractual arrangements on behalf of the ward, if no conservator has been appointed; and
(9) Receiving money and tangible property deliverable to the ward and applying such money and property to the ward’s expenses for room and board, medical care, personal effects, training, education, and habilitating services, if no conservator has been appointed, or requesting the conservator to expend the ward’s estate by payment to third persons to meet such expenses.
(b) In a limited guardianship, the powers shall be endorsed upon the letters of appointment of the guardian and shall be treated as specific limitations upon the general powers, rights, and duties accorded by law to the guardian. In a full guardianship, the letters of appointment shall specify that the guardian is granted all powers conferred upon guardians by law. After appointment, the ward may retain an attorney for the sole purpose of challenging the guardianship, the terms of the guardianship, or the actions of the guardian on behalf of the ward.
(c) A guardian shall not change a ward’s place of abode to a location outside of the State of Nebraska without court permission.