(a) The court may appoint
a guardian if it is satisfied by clear and convincing evidence that the person
for whom a guardian is sought is incapacitated and that the appointment is
necessary or desirable as the least restrictive alternative available for
providing continuing care or supervision of the person of the person alleged
to be incapacitated. If the court finds that a guardianship should be created,
the guardianship shall be a limited guardianship unless the court finds by
clear and convincing evidence that a full guardianship is necessary. If a
limited guardianship is created, the court shall, at the time of appointment
or later, specify the authorities and responsibilities which the guardian
and ward, acting together or singly, shall have with regard to:
(1) Selecting the ward's place of abode within this state or, with court permission, outside of this state;
(2) Arranging for medical care for the ward;
(3) Protecting the personal effects of the ward;
(4) Giving necessary consent, approval, or releases on behalf
of the ward;
(5) Arranging for training, education, or other habilitating
services appropriate for the ward;
(6) Applying for private or governmental benefits to which
the ward may be entitled;
(7) Instituting proceedings to compel any person under a
duty to support the ward or to pay sums for the welfare of the ward to perform
such duty, if no conservator has been appointed;
(8) Entering into contractual arrangements on behalf of the
ward, if no conservator has been appointed; and
(9) Receiving money and tangible property deliverable to
the ward and applying such money and property to the ward's expenses for room
and board, medical care, personal effects, training, education, and habilitating
services, if no conservator has been appointed, or requesting the conservator
to expend the ward's estate by payment to third persons to meet such expenses.
(b) In
a limited guardianship, the powers shall be endorsed upon the letters of appointment
of the guardian and shall be treated as specific limitations upon the general
powers, rights, and duties accorded by law to the guardian. In a full guardianship,
the letters of appointment shall specify that the guardian is granted all
powers conferred upon guardians by law. After appointment, the ward may retain
an attorney for the sole purpose of challenging the guardianship, the terms
of the guardianship, or the actions of the guardian on behalf of the ward.
(c) A guardian
shall not change a ward's place of abode to a location outside of the State
of Nebraska without court permission.
Notes of Decisions
In re Guardianship of Karin P., 716 N.W.2d 681 (Neb. 2006).
· cites it 3× “With regard to the establishment of a limited or full guardianship, Neb. Rev. Stat. § 30-2620 (Cum. Supp. 2004) sets forth the probate court’s general power to appoint a guardian.”
In re Guardianship of Larson, 708 N.W.2d 262 (Neb. 2006).
· cites it 2× “Toman alleged that pursuant to Neb. Rev. Stat. § 30-2620 (Cum. Supp. 2004), the attached powers of attorney showed that the appointment of a temporary guardian and conservator and permanent guardian and conservator for Larson was not the least restrictive alternative available…”
Frey v. Blanket Corp., 582 N.W.2d 336 (Neb. 1998).
· cites it 4× “The question of law presented in this case is one of first impression in Nebraska, that is, whether a guardian for an incapacitated person appointed pursuant to Neb. Rev. Stat. § 30-2620 (Reissue 1995) is entitled to quasi-judicial immunity with respect to a civil action for…”
In re Est. of Giventer, 964 N.W.2d 234 (Neb. 2021).
· cites it 3× “” On behalf of Pearl, Fogarty and his cocounsel eventually appealed to the Nebraska Court of Appeals the ruling that limited the scope of their representation; they also appealed an order approving an annual accounting by Wells Fargo and authorizing payment of attorney fees and…”
In re Guardianship of Patrick W., 4 N.W.3d 833 (Neb. 2024).
· cites it 2× “- 397 - Nebraska Supreme Court Advance Sheets 316 Nebraska Reports IN RE GUARDIANSHIP OF PATRICK W.”
In re Guardianship of Brydon P., 286 Neb. 661 (2013).
· cites it 2× “Silvija argues that the award was authorized by § 25-824 and Neb. Rev. Stat. §§ 30-2620 (Cum. Supp. 2012) and 30-2643 (Reissue 2008).”
In re Guardianship of Nicholas H., 958 N.W.2d 661 (Neb. 2021).
· cites it 2× “§ 30-2620 (Reissue 2016); § 30-2621; Neb. Ct. R. § 6-1443(A) (rev. 2020) (“[p]rior to being issued Letters, the guardian or conservator shall file an acceptance”).”
In re Guardianship of Suzette G., 934 N.W.2d 195 (Neb. Ct. App. 2019).
· cites it 3× “(a) County Court Did Not Err in Determining Suzette Required Limited Guardian A court may appoint a guardian if it is satisfied by clear and convincing evidence that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as…”
In re Guardianship & Conservatorship of Stierstorfer, 27 Neb. Ct. App. 186 (Neb. Ct. App. 2019).
· cites it 7× “A court may appoint a guardian under Neb. Rev. Stat. § 30-2620 (a) (Reissue 2016) if it is satisfied by clear and convincing evidence that (1) the person for whom a guardian is sought is incapacitated and (2) the appointment is necessary or desirable as the least restrictive…”
In re Guardianship of Hartwig, 656 N.W.2d 268 (Neb. Ct. App. 2003).
· cites it 3× “In summary, § 30-2620 provides that the court may appoint a guardian if it is satisfied by clear and convincing evidence (1) that the person for whom a guardian is sought is incapacitated and (2) that the appointment is necessary or desirable as the least restrictive alternative…”
Malloy v. Stierstorfer (In re Guardianship of Stierstorfer), 929 N.W.2d 87 (Neb. Ct. App. 2019).
“A court may appoint a guardian under Neb. Rev. Stat. § 30-2620 (a) (Reissue 2016) if it is satisfied by clear and convincing evidence that (1) the person for whom a guardian is sought is incapacitated and (2) the appointment is necessary or desirable as the least restrictive…”
Marsh v. Marsh-Letts, 566 N.W.2d 783 (Neb. Ct. App. 1997).
“§§ 30-2620 and 30-2628. In sum, a guardian “has the same rights and duties respecting his or her ward that a parent has respecting his or her unemancipated minor child.”
Neb. Rev. Stat. § 30-2620(9): 1 case
Neb. Rev. Stat. § 30-2620(a): 5 cases
In re Guardianship & Conservatorship of Stierstorfer, 27 Neb. Ct. App. 186 (Neb. Ct. App. 2019).
“A court may appoint a guardian under Neb. Rev. Stat. § 30-2620 (a) (Reissue 2016) if it is satisfied by clear and convincing evidence that (1) the person for whom a guardian is sought is incapacitated and (2) the appointment is necessary or desirable as the least restrictive…”
Neb. Rev. Stat. § 30-2620(b): 1 case
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