Guardianship & Conservatorship

When a friend or loved one is unable to make responsible decisions about their finances, property, living situation, or personal care the creation of a guardianship or conservatorship may be necessary to allow the appointed guardian or conservator to help provide necessary assistance.

• A guardian is appointed to protect the ward and to make decisions about medical treatment, living arrangements, and the ward's care or other personal needs.
• A conservator is appointed to help manage the protected person's finances, assets, or estate and has authority to enter into contracts, pay bills, invest assets, and perform other financial functions.
• The same individual may be appointed as both guardian and conservator in a single court proceeding.

Adults

Guardianships and conservatorships can be created for both minors and adults. To establish a guardianship or conservatorship for an adult, the court will need to find that the individual is "incapacitated." This does not require that the individual have no capacity to make any decisions. Finding that the individual is incapacitated simply means that due illness, age, or other factors they are no longer able to make responsible decisions regarding their person or property to the extent that the assistance of a guardian is necessary or desirable for their protection.

Minors

Minors are deemed by law to lack capacity to manage their own affairs. In most cases the child's parents will serve as his or her natural guardians until the child reaches the age of majority (19). A guardianship or conservatorship for a minor is necessary if both of the child's parents are unable or unfit to serve as parents. Guardianships for minors are similar to custody cases. However, in a guardianship case, the court will typically determine which non-parent should be given guardianship of the child, in a custody case the court will generally determine how the child's parents should arrange custody and visitation between them.

A conservatorship for a minor could be necessary if the child earns, receives or inherits a large sum of money in their own name.

Guardianship Links

• Nebraska Supreme Court Information on Guardianships and Conservatorships in Nebraska.
• Introduction to Guardianship and Conservatorships by Nebraska Extension Office.

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