§ 30-4102 — Legislative findings

Nebraska § 30-4102

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

Text

(1) The Legislature
finds that the present system of obtaining a guardian or conservator for an
individual, which often depends on volunteers, is inadequate when there is
no willing and qualified family member or other person available or willing
to serve as guardian or conservator for such individual. The Legislature finds
that there is a need to provide guardians and conservators when there is no
one suitable or available with priority to serve the needs of such individual.
The Legislature intends that establishment of the Office of Public Guardian
will provide services for individuals when no private guardian or private
conservator is available. The Legislature also finds that alternatives to
full guardianship and less intrusive means of intervention should always be
explored, including, but not limited to, limited guardianship, temporary guardianship,
conservatorship, or the appointment of a payee. It is the intent of the Legislature
to provide a public guardian or public conservator only to those individuals
whose needs cannot be met through less intrusive means of intervention.
(2) The Legislature finds
that:
(a) All individuals
in need of a guardian or conservator shall have the opportunity to have one
appointed for them;
(b) The priorities for appointment in sections 30-2601 to 30-2661
are appropriate in most instances;
(c) There are individuals in need of guardians
or conservators for whom persons that have priority are unwilling, unable,
or inappropriate to become a guardian or conservator;
(d) Guardians and conservators
under the current system do not always carry out the assigned duties in a
way that protects the individual and, in fact, sometimes carry out the duties
in a way that abuses or neglects the individual; and
(e) For those for whom
no person is available for appointment as guardian or conservator, the Office
of Public Guardian may provide necessary services.

Legislative History

Source: Laws 2014, LB920, § 2.