Nebraska Revised Statutes
Neb. Rev. Stat. § 38-201 (2026)
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✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Sections 38-201 to 38-213 shall be known and may be cited as the Advanced Practice Registered Nurse Practice Act.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1938–2024 · leading case: State v. Jones, 10 N.W.3d 747 (Neb. 2024).
State v. Jones, 10 N.W.3d 747 (Neb. 2024). “36 The Certified Nurse Midwifery Practice Act allows certified nurse midwives, under the provisions of a practice agreement, to “(1) attend cases of normal childbirth, (2) provide prenatal, intrapartum, and postpartum care, (3) provide normal obstetrical and gynecological…”
Richardson v. Warner, 288 N.W. 39 (Neb. 1939). “: The omission of the word “mentally” (incompetent) in the complaint; the fact that the petition was signed and verified by an incompetent and not by his “relatives or friends,” as required by section 38-201, Comp. St. 1929; and the fact that the petition does not disclose that…”
In re Cass'guardianship, 54 N.W.2d 68 (Neb. 1952). “The statute contemplates the appointment of a guardian for “any mentally ill person or * * * any person who * * * is mentally incompetent to have the charge and management of his property * * § 38-201, R. S. Supp., 1951. The power to appoint a guardian for an adult person…”
Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). “See Neb.Rev. Stat. §§ 38-201 and 38-404 (Reissue 1960), both of which controlled such matters before the adoption of the Uniform Probate Code in 1974 provided that a petition for the appointment of a guardian of an incapacitated person may be brought by a "relative or friend.”
Hyde v. Crocker, 176 N.W.2d 234 (Neb. 1970). “The power to appoint a guardian depends upon the statute, and the requisites must be shown to exist before the court can appoint a guardian.”
Hergenrother v. Hergenrother, 5 N.W.2d 118 (Neb. 1942). “On March 28,1941, a proceeding was brought in the county court of Clay county, Nebraska, for the appointment of a guardian, pursuant to section 38-201, Comp. St. 1929, which provides: “When the relatives or friends of * * * any person who, by reason of -extreme old age, * * * is…”
Geistlinger v. Blochowitz, 280 N.W. 438 (Neb. 1938). “In this state, section 38-201, Comp. St. 1929, provides: “When the relatives or friends of any insane person, or of any person who, by reason of extreme old age, or other cause, is mentally incompetent to have the charge and management of his property, shall apply to the county…”
Eden v. Asa, 134 N.W.2d 600 (Neb. 1965). “They point out the applicant cannot be an idiot or lunatic and need not be mentally incompetent as is required for the appointment of a guardian under section 38-201, R. R. S. 1943, and that the applicant is not disfranchised.”
Guardianship of Malnick v. Malnick, 145 N.W.2d 339 (Neb. 1966). “Section 38-201, R. R. S. 1943, provides for the appointment of a guardian for any person who, by reason of extreme old age or other cause, is mentally incompetent to have the charge and management of his property.”
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