Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2619 (2026)

Procedure for court appointment of a guardian or standby guardian of a person alleged to be incapacitated

✓ current as of July 2026

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(a) The person alleged to be incapacitated or any person interested in his or her welfare may petition for a finding of incapacity and appointment of a guardian or a standby guardian. The petition shall be verified and shall contain specific allegations with regard to each of the areas as provided under section 30-2619.01 in which the petitioner claims that the person alleged to be incapacitated lacks sufficient understanding to make or communicate responsible decisions concerning his or her own person. An interested person may file a motion to make more definite and certain requesting a specific description of the functional limitations and physical and mental condition of the person alleged to be incapacitated with the specific reasons prompting the request for guardianship.

(b) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity and unless the person alleged to be incapacitated has retained counsel of his or her own choice or has otherwise indicated a desire for an attorney of his or her own choice, the court may appoint an attorney to represent him or her in the proceeding. The court may appoint a guardian ad litem as provided in sections 30-4201 to 30-4210 to advocate for the best interests of the person alleged to be incapacitated.

(c) The person alleged to be incapacitated may be examined by a physician appointed by the court. The physician shall submit his or her report in writing to the court and may be interviewed by a visitor, if so appointed pursuant to sections 30-2619.01 and 30-2624, sent by the court.

(d) The person alleged to be incapacitated is entitled to be present at the hearing virtually or in person and to see and hear all evidence bearing upon his or her condition. 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 final orders or judgments. The issue may be determined at a closed hearing only if the person alleged to be incapacitated or his or her counsel so requests.

(e) At any hearing conducted under this section, the court may designate one or more standby guardians of the person whose appointment will become effective immediately upon the death, unwillingness or inability to act, resignation, or removal by the court of the initially appointed guardian and upon compliance with any rules promulgated by the Supreme Court. The standby guardian shall have the same powers and duties as the initially appointed guardian. The standby guardian shall receive a copy of the order establishing or modifying the initial guardianship and the order designating the standby guardian. Upon assuming office, the standby guardian shall so notify the court in writing. Upon notification and upon compliance with any rules promulgated by the Supreme Court, the court shall issue new letters of guardianship that specify that the standby guardianship appointment is permanent. A standby guardian shall complete the training required by section 30-2601.01 at the time or times required by rules promulgated by the Supreme Court or as otherwise provided by order of the county court.

(f) The Public Guardian shall not be appointed as a standby guardian.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1983–2022 · 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). · cites it 7× “Proceedings initiated pursuant to Neb. Rev. Stat. § 30-2619 (Cum. Supp. 2004), to appoint a guardian, and Neb.”

Guardianship & Conservatorship of Sim, 403 N.W.2d 721 (Neb. 1987). · cites it 3× “” To the extent pertinent to our inquiry, § 30-2619 provides: (а) The allegedly incapacitated person or any person interested in his or her welfare may petition for a finding of incapacity and appointment of a guardian.”

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). · cites it 18× “Neb.Rev.Stat. § 30-2619 (Cum.Supp.2002). Likewise, the appointment of a visitor is within the court's discretion.”

In re Guardianship of Jill G., 977 N.W.2d 913 (Neb. 2022). · cites it 2× “Neb. Rev. Stat. § 30-2619 (b) (Reissue 2016).”

Sim v. Comiskey, 341 N.W.2d 611 (Neb. 1983). · cites it 2× “428, which amended Neb. Rev. Stat. §§ 30-2619 , 30-2620, 30-2624, 30-2625, 30-2627, 30-2628, 30-2630, and 30-2633 (Reissue 1979), concerning the appointment of guardians for incapacitated persons.”

In re Guardianship of Suzette G., 27 Neb. Ct. App. 477 (Neb. Ct. App. 2019). · cites it 2× “Neb. Rev. Stat. § 30-2619 (Reissue 2016).”

In re Guardianship of C.H., 194 A.3d 1174 (Vt. 2018). “"); Neb. Rev. Stat. Ann. § 30-2619 (a) ("The person alleged to be incapacitated or any person interested in his or her welfare may petition for .”

Marsh v. Marsh-Letts, 566 N.W.2d 783 (Neb. Ct. App. 1997). “See § 30-2619. A guardian is defined in § 30-2209(17) in relevant part as a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment.”

In re Guardianship & Conservatorship of Barnhart (Neb. 2015). · cites it 9× “In a guardianship or conservatorship proceeding, where an objector has no concerns for the ward’s welfare but only concerns of its own potential financial expectancy, such concerns do not give the objector standing to challenge a guardianship or conservatorship as “any person…”

In re Guardianship of Novacek (Neb. Ct. App. 2022). · cites it 2× “Neb. Rev. Stat. § 30-2619 (c) (Reissue 2016).”

In re Guardianship & Conservatorship of Forster (Neb. Ct. App. 2014). · cites it 3× “Neb. Rev. Stat. § 30-2619 (b) (Reissue 2008) provides that upon the filing of a petition for guardianship, “the court shall set a date for hearing on the issues of incapacity.”

— Neb. Rev. Stat. § 30-2619(a) — 1 case

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). “Neb.Rev.Stat. § 30-2619 (Cum.Supp.2002). Likewise, the appointment of a visitor is within the court's discretion.”

— Neb. Rev. Stat. § 30-2619(b) — 2 cases

In Re Guardianship of Larson, 708 N.W.2d 262 (Neb. 2006). “Proceedings initiated pursuant to Neb. Rev. Stat. § 30-2619 (Cum. Supp. 2004), to appoint a guardian, and Neb.”

— Neb. Rev. Stat. § 30-2619(d) — 1 case

In Re Guardianship of Larson, 708 N.W.2d 262 (Neb. 2006). “Proceedings initiated pursuant to Neb. Rev. Stat. § 30-2619 (Cum. Supp. 2004), to appoint a guardian, and Neb.”

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