Guardianship of a Child or Adult in Nebraska

Parents are the natural guardians of their children. The county court (or a separate juvenile court already handling the child's case) may appoint a guardian for a minor if all parental rights of custody have been terminated or suspended by circumstances or a court order; filings go to the clerk of the county court. A guardian named in a parent's will has priority. The court may also appoint a standby guardian for a child whose parent is chronically ill or near death, whose authority starts only on the parent's death, incapacity, or debilitation with consent.

The person alleged to be incapacitated, or anyone interested in his or her welfare, may file a verified petition with specific allegations about the areas in which the person cannot make or communicate responsible decisions. The court sets a hearing, may appoint an attorney, guardian ad litem, physician and visitor, and the person may attend, present evidence and cross-examine witnesses. The court may appoint a guardian only if satisfied by clear and convincing evidence that the person is incapacitated and the appointment is the least restrictive alternative available; the guardianship must be limited unless clear and convincing evidence shows a full guardianship is necessary.