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Guardianships

Guardianships
A guardian is a person who takes responsibility for your physical well-being, and provides care for you if you are unable to care for yourself.

He or she will make certain that you have a suitable place to live, that you receive medical care on a regular basis, and that you have sufficient food and clothing.

You can request that the court appoint a guardian for you. You can also choose who your guardian will be. For example, if you have a disabled spouse or child, you may appoint a guardian for that person in your will.

If you have given someone a durable power of attorney, and later it’s decided that a guardian is also needed, the person to whom you have given the durable power of attorney will be asked to be your guardian before anyone else.

Since a guardian may be appointed -- even if you don’t request one -- Nebraska has laws that protect your rights.

You must be given written notice, delivered by the county sheriff, that someone has filed a paper in the County Court asking the judge to appoint a guardian for you.

There will be a hearing and the judge will listen to the testimony given by all the interested persons, including you.

If you want, you may ask the judge to provide you with an attorney. The judge might then appoint a limited guardian and carefully outline exactly what decisions you can still make for yourself and which should be made by your guardian.

Resources:

  • What is Guardianship? A Guardian takes responsibility for the care and management of an incompetent adult or minor child. Guardianship transfers the rights and powers from a Ward to a Guardian.
    link to a pdf. of NebGuide
  • Guardianship Responsibilities to the Court, The relationship between a Guardian and a Ward is a legal one and applicable laws and court rules must be followed.
    link to NebGuide on Guardianship Responsibilities to the Court
  • Guardianship Responsibilities to the Ward, A Guardian must make sure a Ward's personal and financial interests are protected while trying to include the Ward in decision making as much as possible.
    link to NebGuide: Guardianship Responibilities to the ward
  • Decision Making as a Guardian,Making decisions for a Ward is part of being a Guardian. Decisions must be made based on adequate information, independent judgment and nonbiased choices.
    link to pdf NebGuide: Decisions Making as a Guardian
  • Guardianship/Conservatorship Finanical Responsibilities, for that everyday oversight of a Ward's finances. The Guardian has specific financial responsibility under the law. This is one of seven NebGuides in this series. Also see the UNL Guardianship Web site.
    hj
  • Alternatives to Guardianship, Guardianships, because they are so powerful, should be used sparingly. Other less restrictive forms of assistance may be more appropriate.
    link to NebGuide: Aletnatives to Guardianship
  • Guardianship of a Minor, State laws specify the circumstances for the appointment of a Guardian of a minor.
    kl

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