This NebFact, the first in a series, discusses legal guardianship

Cudly, Bruce

DeFrain, John

Evans, Mary

Ferdinand, Rene

Gordon, Mary

Krumbach, Eileen

Lieske, Carol

Rathje, Dina

English

DigitalCommons@University of Nebraska

University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Agricultural Research Division News & Annual Reports Agricultural Research Division of IANR 2004 NF04-590 What is Guardianship? Eileen Krumbach University of Nebraska--Lincoln, ekrumbach1@unl.edu John DeFrain University of Nebraska--Lincoln, jdefrain1@unl.edu Bruce Cudly Dina Rathje Carol Lieske See next page for additional authors Follow this and additional works at: https://digitalcommons.unl.edu/ardnews  Part of the Agriculture Commons, and the Curriculum and Instruction Commons Krumbach, Eileen; DeFrain, John; Cudly, Bruce; Rathje, Dina; Lieske, Carol; Ferdinand, Rene; Evans, Mary; and Gordon, Mary, "NF04-590 What is Guardianship?" (2004). Agricultural Research Division News & Annual Reports. 331. https://digitalcommons.unl.edu/ardnews/331 This Article is brought to you for free and open access by the Agricultural Research Division of IANR at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Agricultural Research Division News & Annual Reports by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Authors Eileen Krumbach, John DeFrain, Bruce Cudly, Dina Rathje, Carol Lieske, Rene Ferdinand, Mary Evans, and Mary Gordon This article is available at DigitalCommons@University of Nebraska - Lincoln: https://digitalcommons.unl.edu/ardnews/331 Nebraska Cooperative Extension NF04-590What is Guardianship? by Development Team: Eileen Krumbach, Extension Educator, University of Nebraska; John DeFrain, Extension Family and Community Development Specialist, University of Nebraska; Bruce Cudly, Region V Services; Dina Rathje, Family Counselor; Carol Lieske, Nebraska State Department of Health and Human Services, Adult Protective Services; Rene Ferdinand, The Arc of Nebraska; Mary Evans, Guardian; Mary Gordon, Nebraska Developmental Disabilities Planning Council/Nebraska Department of Health and Human Services  This NebFact, the first in a series, discusses legal guardianship.  Webster's Definition Of A Guardian Webster's dictionary defines a guardian as a person who guards or keeps safe and secure a minor child or an adult whom the law regards as incompetent to manage his or her own affairs. Legally, a guardian is "one who has, or is entitled to, the care and management of the person or property, or both."  Guardianship, then, is a legal relationship between a competent adult (guardian) and an incompetent adult or minor child (ward). Guardianship transfers rights and powers from the ward to the guardian, so that the guardian has the power to make decisions on the ward's behalf. At the same time, guardianship creates a duty on the part of the guardian to act in the ward's best interests.  Guardianship is important because it allows a responsible person to substitute judgment for someone who cannot make or communicate decisions. Even so, guardianship should be used sparingly, precisely because guardians have so much power.  What Powers Does A Guardian Have? There are full and limited guardians. The guardian has only the powers specified in the letters of guardianship based on the court's specific findings of incapacity. In areas designated by the court, the guardian of an incapacitated person has the same powers, rights and duties toward the ward as a parent has to a child.  The Nebraska Statute regarding guardianship is Neb. Rev. Stat. 30-2620, 1998 cum. Supp. Here is a summary of the powers that may be conferred onto a guardian by the court: z the ward's place of living within or without this state. z arranging for medical care for the ward.  z protecting the personal effects of the ward (clothing, furniture, vehicle, etc.).  z giving necessary consent, approval or releases on behalf of the ward.  z arranging for training, education or other services appropriate for the ward.  z applying for private or governmental benefits to which the ward may be entitled.  z doing what is necessary to ensure that any person who may be required to help support the ward does so.  z entering into contractual arrangements on behalf of the ward.  z receiving money and any other items of value on behalf of the ward and applying these funds to the ward's room and board, medical care, personal effects, training, education and other services.  A guardian can be any competent person. Nebraska law states: "When appointing a guardian, the court shall take into consideration the expressed wishes of the allegedly incapacitated person."  There are many options for choosing a guardian, but there are some restrictions. A guardian cannot be an agency that provides residential care, or the owner, administrator or employee (or his or her spouse) of a residential facility that provides care and treatment for the ward.  Why Should I Be Interested In Guardianship? Older people and people with disabilities are a significant portion of the state's population. Approximately 2,000 guardians are appointed each year in Nebraska. A guardian can be an effective safeguard to protect more vulnerable citizens from exploitation and abuse.  Establishing A Guardianship Guardianship proceedings begin with the filing of a petition in the county court in which the person alleged to be incapacitated lives. A petition may be filed by the person who allegedly is incapacitated or by anyone interested in the person's welfare. For further information regarding petitioning for guardianship, contact an attorney or the Nebraska State Bar Association.  Alternatives To Guardianship When a guardian is appointed, the ward loses independence and autonomy, as well as the power to exercise many legal rights. Families, friends and advocates considering guardianship should first review other options. Those options include providing guidance or acting as an advocate. Only when a person is truly unable to make or communicate decisions should guardianship be considered.  Some options to a guardianship include: conservator, representative payeeship, power of attorney, trusts and durable medical power of attorney.  Reference Developmental Disability Law: A manual for Nebraska Advocates, 1996. Author: Nebraska Advocates Services N.R.R.S. 30-2601 through 30-2661>  File NF590 under FAMILY LIFE F-58, Relationships Issued September 2004  Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Elbert C. Dickey, Dean and Director of Cooperative Extension, University of Nebraska, Institute of Agriculture and Natural Resources.  University of Nebraska Cooperative Extension educational programs abide with the non-discrimination policies of the University of Nebraska-Lincoln and the United States Department of Agriculture. 

NF04-590 What is Guardianship?

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University of Nebraska - Lincoln 
DigitalCommons@University of Nebraska - Lincoln 
Agricultural Research Division News & Annual 
Reports Agricultural Research Division of IANR 
2004 
NF04-590 What is Guardianship? 
Eileen Krumbach 
University of Nebraska--Lincoln, ekrumbach1@unl.edu 
John DeFrain 
University of Nebraska--Lincoln, jdefrain1@unl.edu 
Bruce Cudly 
Dina Rathje 
Carol Lieske 
See next page for additional authors 
Follow this and additional works at: https://digitalcommons.unl.edu/ardnews 
 Part of the Agriculture Commons, and the Curriculum and Instruction Commons 
Krumbach, Eileen; DeFrain, John; Cudly, Bruce; Rathje, Dina; Lieske, Carol; Ferdinand, Rene; Evans, Mary; 
and Gordon, Mary, "NF04-590 What is Guardianship?" (2004). Agricultural Research Division News & 
Annual Reports. 331. 
https://digitalcommons.unl.edu/ardnews/331 
This Article is brought to you for free and open access by the Agricultural Research Division of IANR at 
DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Agricultural Research 
Division News & Annual Reports by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. 
Authors 
Eileen Krumbach, John DeFrain, Bruce Cudly, Dina Rathje, Carol Lieske, Rene Ferdinand, Mary Evans, and 
Mary Gordon 
This article is available at DigitalCommons@University of Nebraska - Lincoln: https://digitalcommons.unl.edu/
ardnews/331 
Nebraska Cooperative Extension NF04-590
What is Guardianship? 
by Development Team: Eileen Krumbach, Extension Educator, University of Nebraska; John DeFrain, 
Extension Family and Community Development Specialist, University of Nebraska; Bruce Cudly, Region 
V Services; Dina Rathje, Family Counselor; Carol Lieske, Nebraska State Department of Health and 
Human Services, Adult Protective Services; Rene Ferdinand, The Arc of Nebraska; Mary Evans, 
Guardian; Mary Gordon, Nebraska Developmental Disabilities Planning Council/Nebraska Department 
of Health and Human Services  
This NebFact, the first in a series, discusses legal guardianship.  
Webster's Definition Of A Guardian 
Webster's dictionary defines a guardian as a person who guards or keeps safe and secure a minor child or 
an adult whom the law regards as incompetent to manage his or her own affairs. Legally, a guardian is 
"one who has, or is entitled to, the care and management of the person or property, or both."  
Guardianship, then, is a legal relationship between a competent adult (guardian) and an incompetent adult 
or minor child (ward). Guardianship transfers rights and powers from the ward to the guardian, so that the 
guardian has the power to make decisions on the ward's behalf. At the same time, guardianship creates a 
duty on the part of the guardian to act in the ward's best interests.  
Guardianship is important because it allows a responsible person to substitute judgment for someone who 
cannot make or communicate decisions. Even so, guardianship should be used sparingly, precisely 
because guardians have so much power.  
What Powers Does A Guardian Have? 
There are full and limited guardians. The guardian has only the powers specified in the letters of 
guardianship based on the court's specific findings of incapacity. In areas designated by the court, the 
guardian of an incapacitated person has the same powers, rights and duties toward the ward as a parent 
has to a child.  
The Nebraska Statute regarding guardianship is Neb. Rev. Stat. 30-2620, 1998 cum. Supp. Here is a 
summary of the powers that may be conferred onto a guardian by the court: 
? the ward's place of living within or without this state. 
? arranging for medical care for the ward.  
? protecting the personal effects of the ward (clothing, furniture, vehicle, etc.).  
? giving necessary consent, approval or releases on behalf of the ward.  
? arranging for training, education or other services appropriate for the ward.  
? applying for private or governmental benefits to which the ward may be entitled.  
? doing what is necessary to ensure that any person who may be required to help support the ward 
does so.  
? entering into contractual arrangements on behalf of the ward.  
? receiving money and any other items of value on behalf of the ward and applying these funds to the 
ward's room and board, medical care, personal effects, training, education and other services.  
A guardian can be any competent person. Nebraska law states: "When appointing a guardian, the court 
shall take into consideration the expressed wishes of the allegedly incapacitated person."  
There are many options for choosing a guardian, but there are some restrictions. A guardian cannot be an 
agency that provides residential care, or the owner, administrator or employee (or his or her spouse) of a 
residential facility that provides care and treatment for the ward.  
Why Should I Be Interested In Guardianship? 
Older people and people with disabilities are a significant portion of the state's population. 
Approximately 2,000 guardians are appointed each year in Nebraska. A guardian can be an effective 
safeguard to protect more vulnerable citizens from exploitation and abuse.  
Establishing A Guardianship 
Guardianship proceedings begin with the filing of a petition in the county court in which the person 
alleged to be incapacitated lives. A petition may be filed by the person who allegedly is incapacitated or 
by anyone interested in the person's welfare. For further information regarding petitioning for 
guardianship, contact an attorney or the Nebraska State Bar Association.  
Alternatives To Guardianship 
When a guardian is appointed, the ward loses independence and autonomy, as well as the power to 
exercise many legal rights. Families, friends and advocates considering guardianship should first review 
other options. Those options include providing guidance or acting as an advocate. Only when a person is 
truly unable to make or communicate decisions should guardianship be considered.  
Some options to a guardianship include: conservator, representative payeeship, power of attorney, trusts 
and durable medical power of attorney.  
Reference 
Developmental Disability Law: A manual for Nebraska Advocates, 1996. Author: Nebraska 
Advocates Services 
N.R.R.S. 30-2601 through 30-2661> 
 
File NF590 under FAMILY LIFE 
F-58, Relationships 
Issued September 2004  
Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation 
with the U.S. Department of Agriculture. Elbert C. Dickey, Dean and Director of Cooperative Extension, 
University of Nebraska, Institute of Agriculture and Natural Resources.  
University of Nebraska Cooperative Extension educational programs abide with the non-discrimination 
policies of the University of Nebraska-Lincoln and the United States Department of Agriculture. 


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