Unless otherwise apparent from the context, in the Nebraska Probate Code:
(1) Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning himself or herself;
(2) A protective proceeding is a proceeding under the provisions of section 30-2630 to determine that a person cannot effectively manage or apply his or her estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced, or because the person is a minor, and to secure administration of the person's estate by a conservator or other appropriate relief;
(3) A protected person is a minor or other person for whom a conservator has been appointed or other protective order has been made;
(4) A ward is a person for whom a guardian has been appointed. A minor ward is a minor for whom a guardian has been appointed solely because of minority;
(5) Full guardianship means the guardian has been granted all powers which may be conferred upon a guardian by law;
(6) Guardian means any person appointed to protect a ward and may include the Public Guardian;
(7) Public Guardian is as defined in section 30-4103;
(8) Limited guardianship means any guardianship which is not a full guardianship;
(9) Conservator means any person appointed to protect a protected person and may include the Public Guardian;
(10) For purposes of article 26 of the Nebraska Probate Code, interested person means children, spouses, those persons who would be the heirs if the ward or person alleged to be incapacitated died without leaving a valid will who are adults and any trustee of any trust executed by the ward or person alleged to be incapacitated. After the death of a ward, interested person also includes the personal representative of a deceased ward's estate, the deceased ward's heirs in an intestate estate, and the deceased ward's devisees in a testate estate. The meaning of interested person as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. If there are no persons identified as interested persons above, then interested person shall also include any person or entity named as a devisee in the most recently executed will of the ward or person alleged to be incapacitated; and
(11) Guardian ad litem means an attorney appointed by the court in a guardianship, conservatorship, or other protective proceeding pursuant to sections 30-4201 to 30-4210 to represent the interests of a person who has been alleged to be incapacitated, ward, person to be protected, or minor.
Notes of Decisions
In re Guardianship of Sain, 319 N.W.2d 100 (Neb. 1982).
· cites it 8× “It is argued to us that the county court is unable to appoint a guardian in an adoption proceeding because the applicable portions of §§ 38-101 to 38-120 have been repealed and are now found as part of the Uniform Probate Code, and, in particular, Neb.Rev. Stat. §§ 30-2601 to…”
In re Guardianship of Nicholas H., 958 N.W.2d 661 (Neb. 2021).
· cites it 4× “§ 30-2601 (10) (Reissue 2016) (defining “inter ested person” to mean “children, spouses, [and] those persons who would be the heirs if the ward or person alleged to be incapacitated died without leaving a valid will who are adults”); Neb.”
In re Guardianship & Conservatorship of Kaiser, 295 Neb. 532 (2017).
· cites it 2× “For purposes of the Nebraska Probate Code, a protected person is “a minor or other person for whom a conservator has been appointed or other protective order has been made.”
In re Est. of McClow, 290 N.W.2d 186 (Neb. 1980).
“§§ 30-2601 et seq., R. R. S. 1943; § 30-2630 (2), R.”
In re Guardianship of Suzette G., 934 N.W.2d 195 (Neb. Ct. App. 2019).
· cites it 2× “An incapacitated person includes any person who is impaired by reason of mental illness or mental deficiency to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning himself or herself. Neb. Rev. Stat. §…”
In re Guardianship & Conservatorship of Stierstorfer, 27 Neb. Ct. App. 186 (Neb. Ct. App. 2019).
· cites it 2× “- 195 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports IN RE GUARDIANSHIP & CONSERVATORSHIP OF STIERSTORFER At the time of trial, she was living in an apartment at a retirement community where she was happy and getting along well.”
Marsh v. Marsh-Letts, 566 N.W.2d 783 (Neb. Ct. App. 1997).
“§ 30-2601. The responsibilities delegated to a guardian may include, but are not limited to the following: selecting a place to live for the ward; arranging for the ward’s medical care; protecting the ward’s personal effects, i.”
In re Guardianship of Potter, 453 N.W.2d 755 (Neb. 1990).
· cites it 2× “On May 3, 1989, Potter filed in the district court a pleading entitled “Petition in Error” in which he describes himself as the “Plaintiff in error,” asserts that the county court erred in a variety of ways, and prays that the district court reverse the county court’s judgment.”
In re Guardianship & Conservatorship of Mueller, No. A-16-651 (Neb. Ct. App. Jan. 31, 2017).
· cites it 3× “The trial court indicated in its order that Cheryl was not an interested party pursuant to Neb. Rev. Stat. § 30-2601 (10) because she was not a “child[], spouse[], [or a] person[] who would be the heir[] if the ward or person alleged to be incapacitated died without leaving a…”
Neb. Rev. Stat. § 30-2601(10): 2 cases
In re Guardianship of Nicholas H., 958 N.W.2d 661 (Neb. 2021).
“§ 30-2601 (10) (Reissue 2016) (defining “inter ested person” to mean “children, spouses, [and] those persons who would be the heirs if the ward or person alleged to be incapacitated died without leaving a valid will who are adults”); Neb.”
In re Guardianship & Conservatorship of Mueller, No. A-16-651 (Neb. Ct. App. Jan. 31, 2017).
“The trial court indicated in its order that Cheryl was not an interested party pursuant to Neb. Rev. Stat. § 30-2601 (10) because she was not a “child[], spouse[], [or a] person[] who would be the heir[] if the ward or person alleged to be incapacitated died without leaving a…”
Neb. Rev. Stat. § 30-2601(3): 1 case
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