Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2627 (2026)

Who may be guardian; priorities; bond

✓ current as of July 2026
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(a) Any competent person or the Public Guardian may be appointed guardian of a person alleged to be incapacitated, except that it shall be unlawful for any agency providing residential care in an institution or community-based program, or any owner, part owner, manager, administrator, employee, or spouse of an owner, part owner, manager, administrator, or employee of any nursing home, room and board home, assisted-living facility, or institution engaged in the care, treatment, or housing of any person physically or mentally handicapped, infirm, or aged to be appointed guardian of any such person residing, being under care, receiving treatment, or being housed in any such home, facility, or institution within the State of Nebraska. Nothing in this subsection shall prevent the spouse, adult child, parent, or other relative of the person alleged to be incapacitated from being appointed guardian or prevent the guardian officer for one of the Nebraska veterans homes as provided in section 80-327 from being appointed guardian or conservator for the person alleged to be incapacitated. It shall be unlawful for any county attorney or deputy county attorney appointed as guardian for a person alleged to be incapacitated to circumvent his or her duties or the rights of the ward pursuant to the Nebraska Mental Health Commitment Act by consenting to inpatient or outpatient psychiatric treatment over the objection of the ward.

(b) Persons who are not disqualified under subsection (a) of this section and who exhibit the ability to exercise the powers to be assigned by the court have priority for appointment as guardian in the following order:

(1) A person nominated most recently by one of the following methods:

(i) A person nominated by the incapacitated person in a power of attorney or a durable power of attorney;

(ii) A person acting under a power of attorney or durable power of attorney; or

(iii) A person nominated by an attorney in fact who is given power to nominate in a power of attorney or a durable power of attorney executed by the incapacitated person;

(2) The spouse of the incapacitated person;

(3) An adult child of the incapacitated person;

(4) A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;

(5) Any relative of the incapacitated person with whom he or she has resided for more than six months prior to the filing of the petition;

(6) A person nominated by the person who is caring for him or her or paying benefits to him or her;

(7) The Public Guardian.

(c) When appointing a guardian, the court shall take into consideration the expressed wishes of the allegedly incapacitated person. The court, acting in the best interest of the incapacitated person, may pass over a person having priority and appoint a person having lower priority or no priority. With respect to persons having equal priority, the court shall select the person it deems best qualified to serve.

(d) In its order of appointment, unless waived by the court, the court shall require any person appointed as guardian to successfully complete within three months of such appointment a training program approved by the Public Guardian. If the person appointed as guardian does not complete the training program, the court shall issue an order to show cause why such person should not be removed as guardian.

(e) The court may require a guardian to furnish a bond in an amount and conditioned in accordance with the provisions of sections 30-2640 and 30-2641. The Public Guardian shall not be required to post bond.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1998–2025 · leading case: Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
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Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). · cites it 10× “(b) "[P]referred [I]ndividual" to Be Appointed as Guardian Appellants argue that Deborah is a "preferred individual" to be appointed as guardian and/or conservator for Aimee under *400 Neb. Rev. Stat. § 30-2627 (Reissue 2016).”
In Re Guardianship of Karin P., 716 N.W.2d 681 (Neb. 2006). · cites it 13× “ANALYSIS The County Court Did Not Err in Establishing a Full, Rather Than a Limited, Guardianship for Karin and in Concluding That John Is “best qualified,” Pursuant to Neb. Rev. Stat. § 30-2627 (c) (Cum. Supp.”
In re Guardianship of Benjamin E., 289 Neb. 693 (Neb. 2014). · cites it 20× “Rhonda nominated 1 See Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
Frey v. Blanket Corp., 582 N.W.2d 336 (Neb. 1998). · cites it 2× “” We further note that Neb. Rev. Stat. § 30-2627 (e) (Reissue 1995) authorizes the county court to require a guardian to furnish a bond in an amount conditioned upon faithful discharge of his or her duties, and Neb.”
In re Guardianship of Suzette G., 27 Neb. Ct. App. 477 (Neb. Ct. App. 2019). · cites it 7× “Neb. Rev. Stat. § 30-2627 (a) (Reissue 2016).”
In re Guardianship of Aimee S., 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). · cites it 10× “Section 30-2627(a) provides that “[a]ny competent per- son” may be appointed guardian of a person alleged to be inca- pacitated and that nothing in this subsection prevents spouses, adult children, parents, or relatives of the person alleged to be incapacitated from serving in…”
Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). · cites it 2× “The priorities for who may be guardian are set forth in § 30-2627. Subsection (a) provides in part that "[n]othing in this subsection shall prevent the spouse, adult child, parent, or other relative of the person alleged to be incapacitated from being appointed guardian.”
In Re Guardianship of Hartwig, 656 N.W.2d 268 (Neb. Ct. App. 2003). · cites it 2× “Neb. Rev. Stat. § 30-2627 (Cum. Supp. 2002) provides criteria for who is disqualified and who has a priority to act as a guardian, and Neb.”
In re Guardianship & Conservatorship of Hunt (Neb. Ct. App. 2017). · cites it 8× “Neb. Rev. Stat. § 30-2627 (Reissue 2016) sets forth the requisites for who may serve as guardian for an incapacitated person.”
In re Guardianship & Conservatorship of Haubold (Neb. Ct. App. 2017). · cites it 6× “-7- The persons eligible for appointment as guardian, as well as their respective priorities, are described in Neb. Rev. Stat. § 30-2627 (Reissue 2016).”
In re Guardianship of Hamdan (Neb. Ct. App. 2019). · cites it 4× “Souad’s arguments stem from Neb. Rev. Stat. § 30-2627 (Reissue 2016) which governs who may be appointed as guardians and priorities in appointment, and Neb.”
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015). · cites it 6× “The persons eligible for appointment as guardian, as well as their respec- tive priorities, are described in Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
Show all 15 citing cases →
— Neb. Rev. Stat. § 30-2627(a) — 7 cases
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). “(b) "[P]referred [I]ndividual" to Be Appointed as Guardian Appellants argue that Deborah is a "preferred individual" to be appointed as guardian and/or conservator for Aimee under *400 Neb. Rev. Stat. § 30-2627 (Reissue 2016).”
In Re Guardianship of Karin P., 716 N.W.2d 681 (Neb. 2006). “ANALYSIS The County Court Did Not Err in Establishing a Full, Rather Than a Limited, Guardianship for Karin and in Concluding That John Is “best qualified,” Pursuant to Neb. Rev. Stat. § 30-2627 (c) (Cum. Supp.”
In re Guardianship of Suzette G., 27 Neb. Ct. App. 477 (Neb. Ct. App. 2019). “Neb. Rev. Stat. § 30-2627 (a) (Reissue 2016).”
In re Guardianship of Aimee S., 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). “Section 30-2627(a) provides that “[a]ny competent per- son” may be appointed guardian of a person alleged to be inca- pacitated and that nothing in this subsection prevents spouses, adult children, parents, or relatives of the person alleged to be incapacitated from serving in…”
In re Guardianship of Benjamin E., 289 Neb. 693 (Neb. 2014). “Rhonda nominated 1 See Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
— Neb. Rev. Stat. § 30-2627(b) — 7 cases
In Re Guardianship of Karin P., 716 N.W.2d 681 (Neb. 2006). “ANALYSIS The County Court Did Not Err in Establishing a Full, Rather Than a Limited, Guardianship for Karin and in Concluding That John Is “best qualified,” Pursuant to Neb. Rev. Stat. § 30-2627 (c) (Cum. Supp.”
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). “(b) "[P]referred [I]ndividual" to Be Appointed as Guardian Appellants argue that Deborah is a "preferred individual" to be appointed as guardian and/or conservator for Aimee under *400 Neb. Rev. Stat. § 30-2627 (Reissue 2016).”
In re Guardianship of Suzette G., 27 Neb. Ct. App. 477 (Neb. Ct. App. 2019). “Neb. Rev. Stat. § 30-2627 (a) (Reissue 2016).”
In re Guardianship of Benjamin E., 289 Neb. 693 (Neb. 2014). “Rhonda nominated 1 See Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
In re Guardianship of Aimee S., 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). “Section 30-2627(a) provides that “[a]ny competent per- son” may be appointed guardian of a person alleged to be inca- pacitated and that nothing in this subsection prevents spouses, adult children, parents, or relatives of the person alleged to be incapacitated from serving in…”
— Neb. Rev. Stat. § 30-2627(b)(1) — 1 case
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015). “The persons eligible for appointment as guardian, as well as their respec- tive priorities, are described in Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
— Neb. Rev. Stat. § 30-2627(b)(4) — 4 cases
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). “(b) "[P]referred [I]ndividual" to Be Appointed as Guardian Appellants argue that Deborah is a "preferred individual" to be appointed as guardian and/or conservator for Aimee under *400 Neb. Rev. Stat. § 30-2627 (Reissue 2016).”
In Re Guardianship of Karin P., 716 N.W.2d 681 (Neb. 2006). “ANALYSIS The County Court Did Not Err in Establishing a Full, Rather Than a Limited, Guardianship for Karin and in Concluding That John Is “best qualified,” Pursuant to Neb. Rev. Stat. § 30-2627 (c) (Cum. Supp.”
In re Guardianship of Benjamin E., 289 Neb. 693 (Neb. 2014). “Rhonda nominated 1 See Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
In re Guardianship of Aimee S., 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018). “Section 30-2627(a) provides that “[a]ny competent per- son” may be appointed guardian of a person alleged to be inca- pacitated and that nothing in this subsection prevents spouses, adult children, parents, or relatives of the person alleged to be incapacitated from serving in…”
— Neb. Rev. Stat. § 30-2627(b)(5) — 1 case
In re Guardianship & Conservatorship of Haubold (Neb. Ct. App. 2017). “-7- The persons eligible for appointment as guardian, as well as their respective priorities, are described in Neb. Rev. Stat. § 30-2627 (Reissue 2016).”
— Neb. Rev. Stat. § 30-2627(c) — 5 cases
In Re Guardianship of Karin P., 716 N.W.2d 681 (Neb. 2006). “ANALYSIS The County Court Did Not Err in Establishing a Full, Rather Than a Limited, Guardianship for Karin and in Concluding That John Is “best qualified,” Pursuant to Neb. Rev. Stat. § 30-2627 (c) (Cum. Supp.”
In re Guardianship of Benjamin E., 289 Neb. 693 (Neb. 2014). “Rhonda nominated 1 See Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
In re Guardianship of Suzette G., 27 Neb. Ct. App. 477 (Neb. Ct. App. 2019). “Neb. Rev. Stat. § 30-2627 (a) (Reissue 2016).”
In re Guardianship & Conservatorship of Hunt (Neb. Ct. App. 2017). “Neb. Rev. Stat. § 30-2627 (Reissue 2016) sets forth the requisites for who may serve as guardian for an incapacitated person.”
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015). “The persons eligible for appointment as guardian, as well as their respec- tive priorities, are described in Neb. Rev. Stat. § 30-2627 (Reissue 2008).”
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