Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2616 (2026)

Resignation or removal proceedings

✓ current as of July 2026

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(a) Any person interested in the welfare of a ward, or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

(b) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

(c) If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 2003–2025 · leading case: In Re Guardianship of DJ, 682 N.W.2d 238 (Neb. 2004).

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In Re Guardianship of DJ, 682 N.W.2d 238 (Neb. 2004). · cites it 7× “Three years after the guardianship was ordered, Carla filed a petition with the county court, pursuant to Neb.Rev.Stat. § 30-2616 (Reissue 1995), to remove the grandparents as guardians of D.”

Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). · cites it 8× “Dempsey-Cook also argues the standard for removal of a guardian pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 2016).”

In Re Est. of Jeffrey B., 688 N.W.2d 135 (Neb. 2004). · cites it 5× “Section 30-2616 provides in part as follows: (a) Any person interested in the welfare of a ward, or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward.”

In Re Guardianship of Robert D., 696 N.W.2d 461 (Neb. 2005). · cites it 5× “Similarly, whether to appoint an attorney to represent a minor child pursuant to § 30-2616(c) is also a matter entrusted to the discretion of the trial court.”

In re Guardianship of Eliza W., 304 Neb. 995 (Neb. 2020). “2d 238 (2004); § 30-2616. Based on similar reasoning, courts from a number of other jurisdictions have interpreted ICWA’s definition of “foster care placement” to include guardianship proceedings.”

In re Guardianship of Aimee S., 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). · cites it 8× “Dempsey-Cook also argues the standard for removal of a guardian pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 2016).”

In Re Guardianship of Cameron D., 706 N.W.2d 586 (Neb. Ct. App. 2005). · cites it 2× “Nearly 2 years after the guardianship was ordered, on July 6, 2004, Holly filed a petition with the county court, pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 1995), to remove Roger and Nancy as coguardians of Cameron and to terminate the *279 guardianship.”

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). · cites it 6× “We conclude that under §§ 30-2616 and 30-2623, the Department can petition for Aehul's removal if there is sufficient evidence to support a finding that the Department is interested in Michael's welfare.”

Carla R. v. Tim H., 682 N.W.2d 238 (Neb. 2004). · cites it 7× “Three years after the guardianship was ordered, Carla filed a petition with the county court, pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 1995), to remove the grandparents as guardians of D.”

In Re Guardianship of Brenda B., 698 N.W.2d 228 (Neb. Ct. App. 2005). · cites it 3× “The grandparents *631 served as guardians for approximately 3 years, at which time the natural mother filed a petition to remove the grandparents as guardians and terminate the guardianship pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 1995), which petition was denied by the…”

Cami S. v. Neb. Dep't of Health & Human Servs. (In Re Issaabela R.), 27 Neb. Ct. App. 353 (Neb. Ct. App. 2019). · cites it 3× “Neb. Rev. Stat. § 30-2616 (Reissue 2016).”

In re Guardianship of Kyoko R. (Neb. Ct. App. 2019). · cites it 8× “§ 27-701 (Reissue 2016) and Neb. Rev. Stat. § 30-2616 (Reissue 2016); Neb.”

Show all 13 citing cases →

— Neb. Rev. Stat. § 30-2616(a) — 4 cases

In Re Guardianship of DJ, 682 N.W.2d 238 (Neb. 2004). “Three years after the guardianship was ordered, Carla filed a petition with the county court, pursuant to Neb.Rev.Stat. § 30-2616 (Reissue 1995), to remove the grandparents as guardians of D.”

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). “We conclude that under §§ 30-2616 and 30-2623, the Department can petition for Aehul's removal if there is sufficient evidence to support a finding that the Department is interested in Michael's welfare.”

Carla R. v. Tim H., 682 N.W.2d 238 (Neb. 2004). “Three years after the guardianship was ordered, Carla filed a petition with the county court, pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 1995), to remove the grandparents as guardians of D.”

In Re Guardianship of Brenda B., 698 N.W.2d 228 (Neb. Ct. App. 2005). “The grandparents *631 served as guardians for approximately 3 years, at which time the natural mother filed a petition to remove the grandparents as guardians and terminate the guardianship pursuant to Neb. Rev. Stat. § 30-2616 (Reissue 1995), which petition was denied by the…”

— Neb. Rev. Stat. § 30-2616(c) — 2 cases

In Re Guardianship of Robert D., 696 N.W.2d 461 (Neb. 2005). “Similarly, whether to appoint an attorney to represent a minor child pursuant to § 30-2616(c) is also a matter entrusted to the discretion of the trial court.”

In re Guardianship of Kyoko R. (Neb. Ct. App. 2019). “§ 27-701 (Reissue 2016) and Neb. Rev. Stat. § 30-2616 (Reissue 2016); Neb.”

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