§ 83-383 — Residential facilities; admission; application; by whom; appointment of guardian

(1) An application for admission shall be made in writing
by one of the following persons:
(a) If the person applying for admission has a court-appointed
guardian, the application shall be made by the guardian; and
(b) If the person applying for admission does not have a
court-appointed guardian and has not reached the age of majority, as established
by section 43-2101 , as such section may from time to time be amended, the
application shall be made by both parents if they are living together or by
the parent having custody of such person if both parents are not then living
or are not then living together.
(2) The county court of the county of residence of any person
with an intellectual disability or
the county court of the county in which a state residential facility is located
shall have authority to appoint a guardian for any person with an intellectual disability upon
the petition of the husband, wife, parent, person standing in loco parentis
to such person, a county attorney, or any authorized official of the department.
If the guardianship proceedings are initiated by an official of the department,
the costs thereof may be taxed to and paid by the department if the person
with an intellectual disability is
without means to pay the costs. The department shall pay such costs upon presentation
of a proper claim by the judge of the county court in which the proceedings
were initiated. The costs of such proceedings shall include court costs, attorneys'
fees, sheriffs' fees, psychiatric fees, and other necessary expenses of the
guardianship.

Legislative History

Source: Laws 1969, c. 816, § 3, p. 3064; Laws 1982, LB 264, § 1; Laws 1986, LB 1177, § 49; Laws 1988, LB 790, § 36; Laws 1996, LB 1044, § 954; Laws 2007, LB296, § 800; Laws 2013, LB23, § 55.