§ 30-2630 — Protective proceedings

Nebraska § 30-2630

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

Text

Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows:
(1) Appointment of a conservator or other protective order may be made in relation to the estate and property affairs of a minor if the court is satisfied by clear and convincing evidence that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by his or her minority, or that funds are needed for his or her support and education and that protection is necessary or desirable to obtain or provide funds.
(2) Appointment of a conservator or other protective order may be made in relation to the estate and property affairs of a person if the court is satisfied by clear and convincing evidence that (i) the person is unable to manage his or her property and property affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, or lack of discretion in managing benefits received from public funds, detention by a foreign power, or disappearance; and (ii) the person has property which will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by him or her and that protection is necessary or desirable to obtain or provide funds.

Legislative History

Source: Laws 1974, LB 354, § 248, UPC § 5-401; Laws 1982, LB 428, § 12; Laws 1993, LB 782, § 12. Annotations: Subsection (2) of this section is neither vague nor overbroad. In re Guardianship and Conservatorship of Sim, 225 Neb. 181, 403 N.W.2d 721 (1987). One may not have his or her property taken away and placed in the hands of a conservator merely because he or she is aged or infirm or because his or her mind is to some extent impaired by age or disease. In re Estate of Wagner, 220 Neb. 32, 367 N.W.2d 736 (1985). Record supported finding that an 80-year-old woman was unable by reason of advanced age to manage her property and that it would be wasted or dissipated unless proper management was provided, and thus supported the appointment of a conservator. In re Estate of Oltmer, 214 Neb. 830, 336 N.W.2d 560 (1983). Facts of case held adequate to show need for appointment of a conservator. In re Estate of Carlson, 214 Neb. 453, 334 N.W.2d 437 (1983). A court may appoint a conservator in relation to the estate and property affairs of a person when clear and convincing evidence establishes that the person for whom a conservator is sought (1) is unable to manage his or her property and (2) has property which will be wasted or dissipated unless proper management is provided, or if it is necessary or desirable to obtain funds for the support of the person. In re Guardianship & Conservatorship of Hartwig, 11 Neb. App. 526, 656 N.W.2d 268 (2003).