§ 30-2643 — Attorney, guardian ad litem, physician, conservator, special conservator, and visitor; compensation and expenses; in forma pauperis proceedings; frivolous actions

Nebraska § 30-2643

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

Text

The reasonable fees and costs of an attorney, a guardian ad litem, a physician, a conservator, a special conservator, and a visitor appointed by the court for the person to be protected shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the protected person if the protected person possesses an estate or, if not, shall be paid by the county in which the proceedings are brought or by the petitioner as costs of the action. An action under sections 30-2601 to 30-2661 may be initiated or defended in forma pauperis in accordance with sections 25-2301 to 25-2310 . The court may assess attorney's fees and costs against the petitioner upon a showing that the action was frivolous in accordance with sections 25-824 to 25-824.03 .

Legislative History

Source: Laws 1974, LB 354, § 261, UPC § 5-414; Laws 1993, LB 782, § 19; Laws 1999, LB 689, § 15. Annotations: In a conservatorship proceeding for a protected person, the court is statutorily authorized to assess the fees of an appointed person to the estate of the protected person if the protected person possesses an estate or, if not, to the county in which the proceedings are brought or the petitioner. In re Guardianship & Conservatorship of J.F., 307 Neb. 452, 949 N.W.2d 496 (2020). This section applies only to conservatorship proceedings. It does not authorize a court to award costs and fees in a guardianship proceeding for a minor. In re Guardianship of Brydon P., 286 Neb. 661, 838 N.W.2d 262 (2013). A guardian is entitled to attorney fees reasonably incurred in the successful defense of his actions as a fiduciary. In re Guardianship of Bremer, 209 Neb. 267, 307 N.W.2d 504 (1981).