Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2619.01 (2026)

Visitor appointment; conduct evaluation; duties

✓ current as of July 2026

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Following the filing of a petition, the court may appoint a visitor and direct such visitor to conduct an evaluation of the allegations of incapacity as provided under this section. To conduct the evaluation of the allegations of incapacity, the visitor shall interview the allegedly incapacitated person, the person seeking appointment as guardian, the agencies providing services to the allegedly incapacitated person, and other persons and agencies that may provide relevant information. The visitor shall also visit the present place of abode of the person alleged to be incapacitated and, if any change of residence is anticipated, the place it is proposed that he or she will be detained or reside if the requested appointment is made, and submit his or her report in writing to the court.

As part of the evaluation of allegations of incapacity, a visitor, if appointed, shall obtain evidence relating to the allegedly incapacitated person's ability to make, communicate, or carry out responsible decisions concerning his or her person with regard to:

(1) Selecting his or her place of abode within or without this state;

(2) Arranging for his or her medical care;

(3) Protecting his or her personal effects;

(4) Giving necessary consents, approvals, or releases;

(5) Arranging for training, education, or other habilitating services appropriate to him or her;

(6) Applying for private or governmental benefits to which he or she may be entitled;

(7) Instituting proceedings to compel any person liable for the support of the proposed ward to support him or her if no conservator has been appointed for the proposed ward;

(8) Entering into contractual agreements if no conservator has been appointed for the proposed ward;

(9) Receiving money and tangible property deliverable to him or her and applying such money and property to his or her expenses for room and board, medical care, personal effects, training, education, and habilitative services; and

(10) Any other area of inquiry which the court may direct.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1987–2022 · leading case: In Re Guardianship of Larson, 708 N.W.2d 262 (Neb. 2006).

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In Re Guardianship of Larson, 708 N.W.2d 262 (Neb. 2006). “He or she is entitled to be present by counsel, to compel the attendance of witnesses, to present evidence, to cross-examine witnesses, including the court-appointed physician and the visitor appointed by the court pursuant to sections 30-2619.01 and 30-2624, and to appeal any…”

Guardianship & Conservatorship of Sim, 403 N.W.2d 721 (Neb. 1987). · cites it 3× “The petition shall be verified and shall contain allegations with regard to any of the areas as provided under section 30-2619.01 in which the petitioner claims that the allegedly incapacitated person lacks sufficient understanding to make or communicate responsible decisions…”

In re Guardianship of Jill G., 977 N.W.2d 913 (Neb. 2022). · cites it 2× “See Neb. Rev. Stat. §§ 30-2619.01 to 30-2619.”

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). · cites it 6× “The appointment of an attorney or a guardian ad litem for a person alleged to be incapacitated is within the court's discretion.”

In re Guardianship of Novacek (Neb. Ct. App. 2022). · cites it 2× “Jody argues that the court erred when it did not assign a qualified visitor to evaluate Gloria’s capacity to live independently while still in her apartment.”

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