Nebraska § 30-2639 Who may be
appointed conservator; priorities

Nebraska Statutes

§ 30-2639 — Who may be appointed conservator; priorities

Nebraska·Ch. 30 Decedents' Estates; Protection of Persons and Property

(a)The court may appoint an individual, a corporation with general power to serve as trustee, or the Public Guardian as conservator of the estate of a protected person, except that it shall be unlawful for any agency providing residential care in an institution or community-based program or any owner, part owner, manager, administrator, employee, or spouse of an owner, part owner, manager, administrator, or employee of any nursing home, room and board home, assisted-living facility, or institution engaged in the care, treatment, or housing of any person physically or mentally handicapped, infirm, or aged to be appointed conservator of any such person residing, being under care, receiving treatment, or being housed in any such home, facility, or institution within the State of Nebraska. No

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(a) The court
may appoint an individual, a
corporation with general power to serve as trustee, or the Public Guardian as conservator of the
estate of a protected person, except that it shall be unlawful for any agency
providing residential care in an institution or community-based program or
any owner, part owner, manager, administrator, employee, or spouse of an owner,
part owner, manager, administrator, or employee of any nursing home, room
and board home, assisted-living facility, or institution engaged in the care,
treatment, or housing of any person physically or mentally handicapped, infirm,
or aged to be appointed conservator of any such person residing, being under
care, receiving treatment, or being housed in any such home, facility, or
institution within the State of Nebraska. Nothing in this subsection shall
prevent the spouse, adult child, parent, or other relative of the person in
need of protection from being appointed conservator.
(b) Persons who are not disqualified under subsection (a)
of this section and who exhibit the ability to exercise the powers to be assigned
by the court have priority for appointment as conservator in the following
order:
(1) A person nominated most recently by one of the following
methods:
(i) A person nominated by the protected person in a power
of attorney or durable power of attorney;
(ii) A person acting under a power of attorney or durable
power of attorney; or
(iii) A person nominated by an attorney in fact who is given
power to nominate in a power of attorney or a durable power of attorney executed
by the protected person;
(2) A conservator, guardian of property, or other like fiduciary
appointed or recognized by the appropriate court of any other jurisdiction
in which the protected person resides;
(3) An individual or corporation nominated by the protected
person if he or she is fourteen or more years of age and has, in the opinion
of the court, sufficient mental capacity to make an intelligent choice;
(4) The spouse of the protected person;
(5) An adult child of the protected person;
(6) A parent of the protected person or a person nominated
by the will of a deceased parent;
(7) Any relative of the protected person with whom he or
she has resided for more than six months prior to the filing of the petition;
(8) A person nominated by the person who is caring for him
or her or paying benefits to him or her;
(9) The Public
Guardian.
(c) When appointing a conservator,
the court shall take into consideration the expressed wishes of the person
to be protected. A person having priority listed in subdivision (2), (4),
(5), (6), or (7) of subsection (b) of this section may nominate in writing
a person to serve in his or her stead. With respect to persons having equal
priority, the court shall select the person it deems best qualified of those
willing to serve. The court, acting in the best interest of the protected
person, may pass over a person having priority and appoint a person having
lower priority or no priority.
(d) In its order of appointment, unless waived by the court,
the court shall require any person appointed as conservator to successfully
complete within three months of such appointment a training program approved
by the Public Guardian. If the person
appointed as conservator does not complete the training program, the court
shall issue an order to show cause why such person should not be removed as
conservator.

Nebraska § 30-2639 (Who may be appointed conservator; priorities) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1974, LB 354, § 257, UPC § 5-410; Laws 1985, LB 292, § 3; Laws 1993, LB 782, § 18; Laws 1997, LB 466, § 17; Laws 1997, LB 608, § 2; Laws 2014, LB920, § 25. Cross References: Training program, curricula, see section 30-2601.01. Annotations: When an attorney in fact may be accountable to a conservator of an estate for unauthorized transfers of property made to himself or herself, a county court may properly find it is in the principal's best interests to bypass the attorney in fact's priority for appointment as the principal's conservator and to appoint a disinterested third party as the conservator. In re Conservatorship of Anderson, 262 Neb. 51, 628 N.W.2d 233 (2001).