Nebraska Revised Statutes

Neb. Rev. Stat. § 83-383 (2026)

Residential facilities; admission; application; by whom; appointment of guardian

✓ current as of July 2026

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(1) An application for admission shall be made in writing by one of the following persons:

(a) If the person applying for admission has a court-appointed guardian, the application shall be made by the guardian; and

(b) If the person applying for admission does not have a court-appointed guardian and has not reached the age of majority, as established by section 43-2101, as such section may from time to time be amended, the application shall be made by both parents if they are living together or by the parent having custody of such person if both parents are not then living or are not then living together.

(2) The county court of the county of residence of any person with an intellectual disability or the county court of the county in which a state residential facility is located shall have authority to appoint a guardian for any person with an intellectual disability upon the petition of the husband, wife, parent, person standing in loco parentis to such person, a county attorney, or any authorized official of the department. If the guardianship proceedings are initiated by an official of the department, the costs thereof may be taxed to and paid by the department if the person with an intellectual disability is without means to pay the costs. The department shall pay such costs upon presentation of a proper claim by the judge of the county court in which the proceedings were initiated. The costs of such proceedings shall include court costs, attorneys' fees, sheriffs' fees, psychiatric fees, and other necessary expenses of the guardianship.

Notes of Decisions

Cited in 3 cases, 1982–2003 · leading case: Muir v. Nebraska Dep't of Motor Vehs., 618 N.W.2d 444 (Neb. 2000).

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Muir v. Nebraska Dep't of Motor Vehs., 618 N.W.2d 444 (Neb. 2000). · cites it 2× “09 (Reissue 1996) (requiring State Real Estate Commission’s Fund to pay all fees and expenses incurred by Attorney General for rendering legal opinions to commission or representing commission in any actions or proceedings); Neb. Rev. Stat. § 83-383 (Reissue 1999) (mandating…”

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). · cites it 4× “The Department alleged in the petition that this action was being filed pursuant to § 30-2619 and Neb. Rev. Stat. § 83-383 (2) (Reissue 1999).”

McClain v. Douglas Ex Rel. State, 318 N.W.2d 867 (Neb. 1982). “§§ 30-2628 , 30-2222, 25-310, and 25-307 (Reissue 1979), and §§ 83-383 and 83-387 (Reissue 1976). The sections *400 found in Chapter 83 relate to the situation where the Department of Public Institutions initiates guardianship proceedings to facilitate the admission of a…”

— Neb. Rev. Stat. § 83-383(2) — 1 case

Nebraska Dep't of Health & Human Servs. v. Gilmore, 662 N.W.2d 221 (Neb. Ct. App. 2003). “The Department alleged in the petition that this action was being filed pursuant to § 30-2619 and Neb. Rev. Stat. § 83-383 (2) (Reissue 1999).”

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