§ 30-2620 — Findings; appointment of guardian; authority and responsibility of guardian

Nebraska § 30-2620

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

(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:
(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.

Legislative History

Source: Laws 1974, LB 354, § 238, UPC § 5-304; Laws 1982, LB 428, § 6; Laws 1993, LB 782, § 6; Laws 1997, LB 466, § 7; Laws 2011, LB157, § 37. Annotations: Only after a written acceptance is filed and the guardian submits to the personal jurisdiction of the court will letters of guardianship be issued by the court. As such, one appointed who does not wish to serve as a guardian may simply refuse to accept the appointment. In re Guardianship of Nicholas H., 309 Neb. 1, 958 N.W.2d 661 (2021). Pursuant to this section, a full guardianship may be established if the probate court finds by clear and convincing evidence that a full guardianship is necessary for the care of the incapacitated person. In re Guardianship & Conservatorship of Karin P., 271 Neb. 917, 716 N.W.2d 681 (2006). A guardian for an incapacitated person appointed pursuant to this section is not entitled to quasi-judicial immunity with respect to the function of selecting the ward's place of abode by the guardian. Frey v. Blanket Corp., 255 Neb. 100, 582 N.W.2d 336 (1998). A court may appoint a guardian when clear and convincing evidence establishes (1) that the person for whom a guardian is sought is incapacitated and (2) that the appointment is necessary or desirable as the least restrictive alternative available for providing continuing care or supervision of the person alleged to be incapacitated. In re Guardianship & Conservatorship of Hartwig, 11 Neb. App. 526, 656 N.W.2d 268 (2003).