Frequently Asked Questions

This page provides answers to some frequently asked questions regarding guardianships and conservatorships in Nebraska. Contact Stephanie Flynn Law or call (402) 325-8469 to discuss establishing a guardianship or conservatorship.

What is a Guardianship?

A guardianship is a court proceeding in which an individual can be granted authority and responsibility to care for another person’s well-being and make financial decisions for that individual. The person who the court proceeding is about may be called an “incapacitated person”, “ward”, or “protected person”.

The person appointed as guardian over the ward has the authority granted to the guardian by a court. This authority can be very broad or very limited, depending on the unique circumstances involved in each case. In some circumstances the guardian may be given authority over the estate, or assets of the protected person. However, there are times when the guardian is only appointed to make decisions regarding the incapacitated person’s well-being and not to handle the incapacitated person’s finances or assets.

If a minor child’s parents die, the child will be in need of a guardian. As a parent, you can nominate someone to act as a guardian for your child in your Last Will and Testament. Typically, a parent’s wishes with regards to a person to act as guardian for their children are followed by the court if set out in a Will.

What is a Conservatorship?

A conservatorship may be set up appoint someone to care for the financiers and property of another person. This individual is called a conservator. A conservatorship may be necessary if a minor child receives money, such as in a personal injury settlement, but a conservator may also need to be appointed for elderly individuals or anyone else who is no longer able to manage their own finances.

A Conservator is appointed by a court and is different from the role of a power of attorney. A power of attorney is an informal way to nominate someone to manage your finances for you if you are not capable fo managing them yourself. Whereas a conservator is someone appointed by a court to manage finances if you are not able to. Sometimes having a power of attorney in place can avoid the need for a conservatorship.

Are there any drawbacks of having a guardianship or conservatorship?

Sometimes it can be difficult to establish a guardianship or conservatorship with the court. The process itself can be complicated, and made even more complicated if there is an objection to the appointment of a guardian or conservator. Guardians and conservators are also required to complete training after being appointed as a guardian or conservator and must complete prepare documents on an annual basis to be filed with the court.

What are the duties of a guardian or conservator?

Ultimately the duties of a guardian or conservator are whatever duties the court imposes. Typically these duties may include selecting a place of residence; arranging for medical care; giving consent, approval, or signing releases; arranging for education; applying for government benefits; filing lawsuits on behalf of the ward or protected person; and managing finances of the ward or protected person.

Are there any limits imposed on a guardian or conservator?

The court can place any restrictions on a guardian or conservator that the court finds appropriate. The most common restriction placed on guardians and conservators is from making cash or ATM withdraws from bank accounts belonging to the ward or protected person.

What is the Office of Public Guardian?

The Office of Public Guardian is designed to serve as the guardian or conservator for an individual when no other alternative is available. The Office of Public Guardian is the last resort for a guardian or conservator. The Office of Public Guardian also provides the required training to new guardians and conservators.