(a) On petition of the ward or any person interested in the ward's welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward. On petition of the guardian, the court may accept the guardian's resignation and make any other order which may be appropriate.
(b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated, and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court.
(c) Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward's incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send a visitor to the residence of the present guardian and to the place where the ward resides or is detained, to observe conditions and report in writing to the court.
Notes of Decisions
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
· cites it 7× “The relevant statutory section for removal of a guardian of an incapacitated person is Neb. Rev. Stat. § 30-2623 (Reissue 2016), which provides that "the court may remove a guardian and appoint a successor if in the best interests of the ward.”
Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003).
· cites it 18× “However, the phrase "interested person" does not appear in the applicable statute, § 30-2623, and therefore, we do not consider that definition controlling.”
In re Guardianship of Nicholas H., 309 Neb. 1 (Neb. 2021).
· cites it 6× “§ 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. Rev. Stat. § 30-2623 (Reissue 2016)…”
In re Guardianship of Aimee S., 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
· cites it 7× “The relevant statutory section for removal of a guard- ian of an incapacitated person is Neb. Rev. Stat. § 30-2623 (Reissue 2016), which provides that “the court may remove a guardian and appoint a successor if in the best interests of the ward.”
Marsh v. Marsh-Letts, 566 N.W.2d 783 (Neb. Ct. App. 1997).
“§ 30-2623. Based on the foregoing, it is clear that the duties of a conservator are different from the duties of a guardian.”
In re Guardianship of Hamdan (Neb. Ct. App. 2019).
· cites it 2× “Whereas the doctrine may have application if Souad was relitigating the same claim, we note that under Neb. Rev. Stat. § 30-2623 (Reissue 2016), upon petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the…”
Ream v. Marker (D. Neb. 2023).
· cites it 2× “Bingham believes that he is no longer incapacitated or that his guardians are not representing his best interests, his remedy is to seek their replacement or removal from the County Court of Scotts Bluff County, Nebraska, pursuant to Neb. Rev. Stat. § 30-2623 . He can do so by…”
— Neb. Rev. Stat. § 30-2623(a) — 1 case
— Neb. Rev. Stat. § 30-2623(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.