Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-2605 Status of guardian of minor; general.
0.2K chars
A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
Neb. Rev. Stat. § 30-2606 Testamentary appointment of guardian of minor; notice.
0.8K chars
The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 30-2607, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if, before acceptance…
Neb. Rev. Stat. § 30-2607 Objection by minor of fourteen or older to testamentary appointment.
0.5K chars
A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it …
Neb. Rev. Stat. § 30-2608 Natural guardians; court appointment of guardian of minor; standby guardian; conditions for appointment; child born out of wedlock; additional considerations; filings.
3.2K chars
(a) The father and mother are the natural guardians of their minor children and are duly entitled to their custody and to direct their education, being themselves competent to transact their own business and not otherwise unsuitable. If either dies or is disqualified for acting, …
Neb. Rev. Stat. § 30-2609 Court appointment of guardian of minor; venue.
0.2K chars
The venue for guardianship proceedings for a minor is in the place where the minor resides or is present or where property is located if he is a nonresident of this state.
Neb. Rev. Stat. § 30-2610 Court appointment of guardian of minor; qualification; priority of minor's nominee.
0.3K chars
The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interes…
Neb. Rev. Stat. § 30-2611 Court appointment of guardian of minor; procedure.
1.5K chars
(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by section 30-2220 to: (1) the minor, if he is fourteen or more years of age; (2) the person who has had the principal …
Neb. Rev. Stat. § 30-2612 Consent to service by acceptance of appointment; notice.
0.5K chars
By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian…
Neb. Rev. Stat. § 30-2613 Powers and duties of guardian of minor.
4.8K chars
(1) A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his or her minor and unemancipated child, except that a guardian is not legally obligated to provide from his or her own funds for the ward and is not liable to third…
Neb. Rev. Stat. § 30-2614 Termination of appointment of guardian; general.
0.5K chars
A guardian's authority and responsibility terminates upon the death, resignation or removal of the guardian or upon the minor's death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his obligation to account for fun…
Neb. Rev. Stat. § 30-2615 Proceedings subsequent to appointment; venue.
0.8K chars
(a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship. (b) If the court…
Neb. Rev. Stat. § 30-2616 Resignation or removal proceedings.
0.8K chars
(a) Any person interested in the welfare of a ward, or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal…
Neb. Rev. Stat. § 30-2617 Testamentary appointment of guardian for incapacitated person.
1.9K chars
(a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to th…
Neb. Rev. Stat. § 30-2618 Venue.
0.5K chars
Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, the venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present, or where property is located …
Neb. Rev. Stat. § 30-2619 Procedure for court appointment of a guardian or standby guardian of a person alleged to be incapacitated.
3.4K chars
(a) The person alleged to be incapacitated or any person interested in his or her welfare may petition for a finding of incapacity and appointment of a guardian or a standby guardian. The petition shall be verified and shall contain specific allegations with regard to each of the…
Neb. Rev. Stat. § 30-2619.01 Visitor appointment; conduct evaluation; duties.
2.0K chars
Following the filing of a petition, the court may appoint a visitor and direct such visitor to conduct an evaluation of the allegations of incapacity as provided under this section. To conduct the evaluation of the allegations of incapacity, the visitor shall interview the allege…
Neb. Rev. Stat. § 30-2619.02 Visitor's evaluation; how conducted.
0.4K chars
The guardianship evaluation by the visitor shall be conducted with minimum interference with the allegedly incapacitated person's activities. Any interviews and examinations shall take place in the usual residence unless the visitor deems it necessary to conduct the interview or …
Neb. Rev. Stat. § 30-2619.03 Visitor's evaluation report; contents.
0.8K chars
The visitor shall file an evaluation report based upon the evaluation of the allegations of incapacity with the court within sixty days of the filing of the guardianship petition. Copies of the evaluation report shall be made available to the guardian ad litem, the proposed ward,…
Neb. Rev. Stat. § 30-2619.04 Visitor's evaluation report; responses.
0.1K chars
The petitioner and the proposed ward shall have ten judicial days to file responses to the visitor's evaluation report.
Neb. Rev. Stat. § 30-2620 Findings; appointment of guardian; authority and responsibility of guardian.
2.6K chars
(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 …
Neb. Rev. Stat. § 30-2620.01 Attorney, guardian ad litem, physician, and visitor; fees and costs; in forma pauperis proceedings; frivolous actions.
0.7K chars
The reasonable fees and costs of an attorney, a guardian ad litem, a physician, and a visitor appointed by the court for the person alleged to be incapacitated shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the ward if the ward possesses…
Neb. Rev. Stat. § 30-2621 Acceptance of appointment; consent to jurisdiction.
0.4K chars
By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail a…
Neb. Rev. Stat. § 30-2622 Termination of guardianship for incapacitated person; liability for prior acts; obligation to account.
0.5K chars
The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 30-2623. Testamentary appointment under an informal…
Neb. Rev. Stat. § 30-2623 Removal or resignation of guardian; termination of incapacity.
1.4K chars
(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 ma…
Neb. Rev. Stat. § 30-2624 Visitor; qualifications.
1.3K chars
A visitor shall be trained in law, nursing, social work, mental health, gerontology, or developmental disabilities and shall be an officer, employee, or special appointee of the court with no personal interest in the proceedings. Any qualified person may be appointed visitor of a…
Neb. Rev. Stat. § 30-2625 Notices in guardianship proceedings.
2.7K chars
(a) In a proceeding for the appointment of a guardian for a person alleged to be incapacitated or the removal of a guardian of a ward other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the followin…
Neb. Rev. Stat. § 30-2626 Temporary guardians; limited temporary guardians; power of court.
7.6K chars
(a)(1) If a person alleged to be incapacitated has no guardian and an emergency exists, the court may, pending notice and hearing, exercise the power of a guardian or enter an ex parte order appointing a temporary guardian to address the emergency. The order and letters of tempor…
Neb. Rev. Stat. § 30-2627 Who may be guardian; priorities; bond.
3.6K chars
(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, administr…
Neb. Rev. Stat. § 30-2628 General powers, rights, and duties of guardian; inventory.
7.7K chars
(a) Except as limited by section 30-2620, a guardian of an incapacitated person has the same powers, rights, and duties respecting the guardian's ward that a parent has respecting the parent's unemancipated minor child, except that a guardian is not liable to third persons for ac…
Neb. Rev. Stat. § 30-2629 Proceedings subsequent to appointment; venue.
1.2K chars
(a) Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, the court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was…
Neb. Rev. Stat. § 30-2630 Protective proceedings.
1.6K chars
Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: (1) Appointment of a conservator or other protective order may be made in relation to the estate and…
Neb. Rev. Stat. § 30-2630.01 Temporary conservator; power of court.
3.3K chars
(a) If a person alleged to be in need of protection under section 30-2630 has no conservator and an emergency exists, the court may, pending notice and hearing, exercise the power of a conservator or enter an emergency protective order appointing a temporary conservator, who may …
Neb. Rev. Stat. § 30-2631 Protective proceedings; jurisdiction of affairs of protected persons.
0.7K chars
After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) exclusive jurisdiction to determine the need for a conservator or other protec…
Neb. Rev. Stat. § 30-2632 Venue.
0.4K chars
Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, venue for proceedings under this part is: (1) In the place in this state where the person to be protected resides whether or not a guardian has been appointed in anot…
Neb. Rev. Stat. § 30-2633 Original petition for appointment or protective order.
1.4K chars
(a) The person to be protected, any person who is interested in his or her estate, property affairs, or welfare including his or her parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his or her property and property a…
Neb. Rev. Stat. § 30-2634 Notice; waiver.
3.2K chars
(a) In a proceeding for appointment of a conservator or other protective order, notice of hearing shall be given to each of the following: (1) The person to be protected and his or her spouse, parents, and adult children; (2) Any person who is serving as guardian or conservator o…
Neb. Rev. Stat. § 30-2635 Protective proceedings; request for notice; interested person.
0.7K chars
Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator i…
Neb. Rev. Stat. § 30-2636 Procedure concerning hearing and order on original petition.
2.0K chars
(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor ar…
Neb. Rev. Stat. § 30-2637 Permissible court orders.
3.1K chars
The court has the following powers which may be exercised directly or through a conservator with respect to the estate and affairs of protected persons: (1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and wi…
Neb. Rev. Stat. § 30-2638 Protective arrangements and single transactions authorized.
1.8K chars
(a) If it is established in a proper proceeding that a basis exists as described in section 30-2630 for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve a…
Neb. Rev. Stat. § 30-2639 Who may be appointed conservator; priorities.
3.4K chars
(a) The court may appoint an individual, a corporation with general power to serve as trustee, or the Public Guardian as conservator of the estate of a protected person, except that it shall be unlawful for any agency providing residential care in an institution or community-base…
Neb. Rev. Stat. § 30-2640 Bond.
1.6K chars
For estates with a net value of more than ten thousand dollars, the bond for a conservator shall be in the amount of the aggregate capital value of the personal property of the estate in the conservator's control plus one year's estimated income from all sources minus the value o…
Neb. Rev. Stat. § 30-2641 Terms and requirements of bonds.
1.2K chars
(a) The following requirements and provisions apply to any bond required under section 30-2640: (1) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; (2) By executing an approved bond o…
Neb. Rev. Stat. § 30-2642 Acceptance of appointment; consent to jurisdiction.
0.4K chars
By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or …
Neb. Rev. Stat. § 30-2643 Attorney, guardian ad litem, physician, conservator, special conservator, and visitor; compensation and expenses; in forma pauperis proceedings; frivolous actions.
0.8K chars
The reasonable fees and costs of an attorney, a guardian ad litem, a physician, a conservator, a special conservator, and a visitor appointed by the court for the person to be protected shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the …
Neb. Rev. Stat. § 30-2644 Death, resignation, or removal of conservator.
0.3K chars
The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After his death, resignation or removal, the court may appoint another conservator on such notice as the court may direct. A conservator so appointed succeeds t…
Neb. Rev. Stat. § 30-2645 Petitions for orders subsequent to appointment.
0.7K chars
(a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order (1) requiring bond or security or additional bond or security, or reducing bond, (2) requiring an accounting for the administrat…
Neb. Rev. Stat. § 30-2646 General duty of conservator.
0.2K chars
In the exercise of his or her powers, a conservator is to act as a fiduciary and shall comply with the prudent investor rule set forth in sections 30-3883 to 30-3889.
Neb. Rev. Stat. § 30-2647 Conservator; duties; inventory and records.
1.1K chars
Within thirty days after appointment, every conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with the conservator's oath or affirmation that the inventory is complete and accurate so far as he or she …
Neb. Rev. Stat. § 30-2648 Accounts.
1.1K chars
Every conservator must account to the court for his or her administration of the trust annually, upon his or her resignation or removal, and at such other times as the court may direct. On termination of the protected person's minority or disability, a conservator may account to …