Nebraska Guardianship Forms and Filing Requirements

To open a guardianship case in Nebraska, you file a verified Petition for Appointment of Guardian with the clerk of the county court in the county where the proposed ward lives or is present, along with a $22 filing fee.¹ Nebraska guardianship forms and filing requirements are set by statute and standardized through the Nebraska Judicial Branch, and they differ in important ways depending on whether the proposed ward is a minor or an incapacitated adult. What follows is the paperwork you should expect to prepare, where it goes, what it costs, and what the court will require of you after appointment.

The Core Forms

The Nebraska Judicial Branch publishes standardized county court forms for guardianship proceedings. A typical case involves the following documents:

Petition for Appointment of Guardian. The document that starts the case. For an adult guardianship, the petition must be verified and must allege the specific areas in which the person cannot make or communicate responsible decisions about their own care. Vague references to age or confusion will not carry the petition. An interested party can move the court to require more detailed allegations of functional limitations. For a minor guardianship, the petition must explain why parental custody has been terminated or suspended, whether by death, a finding of unfitness, abandonment, or a prior court order.²³
Notice of Hearing. Once the court sets a hearing date, this form must be served on the proposed ward and all interested parties. For adult guardianship, service on the person alleged to be incapacitated must be personal and must occur at least 14 days before the hearing.
Acceptance of Appointment and Letters of Guardianship. After the court approves the appointment, the guardian formally accepts the role. The letters specify whether the guardianship is limited or full and define the guardian’s authority. In a limited guardianship, the specific powers granted are written directly onto the letters and act as hard boundaries; in a full guardianship, the letters state that the guardian receives all powers the law allows.⁴
Inventory. If no separate conservator is appointed for the ward’s estate, the guardian must file a complete inventory of the ward’s assets within 30 days of appointment, accompanied by an oath or affirmation that the inventory is accurate.⁵
Annual Report (Form CC 16:2.33). Guardians must report on the ward’s condition and any estate under the guardian’s control at least once a year.⁶

All of these forms are available through the Nebraska Judicial Branch website. Depending on the case, the court may require additional filings such as physician reports or visitor evaluations.

Where to File

Guardianship petitions in Nebraska go to the clerk of the county court, not district court. The statute is explicit on that point.³

For a minor, venue is the county where the minor lives or is present. For an incapacitated adult, venue is the county where the person resides or is present, and if the adult has been admitted to an institution by court order, venue can also lie in the county where that ordering court sits.⁷

Filing Fee and Other Costs

The filing fee for a guardianship petition is $22.¹ Plan for costs beyond the fee itself. Serving notice on all interested parties has its own expenses. If the court appoints a visitor or physician to evaluate the proposed ward, those professional fees add up. An attorney is not required but is common, especially in contested cases, and is typically the largest expense for the petitioner.

Who Can File and Who Can Serve

For an adult guardianship, any person interested in the welfare of the allegedly incapacitated adult can petition, and the person alleged to be incapacitated can file on their own behalf.²

For a minor guardianship, a guardian named in a deceased parent’s will has priority, though the court can override that preference if the testamentary guardian fails to accept the appointment within 30 days of being notified. Nebraska also allows a standby guardianship for cases in which a parent is chronically ill or near death; the standby’s authority activates only when the child is left without a remaining parent through death, mental incapacity, or physical debilitation with the parent’s consent.³

Any competent adult may be appointed as guardian of an incapacitated person. The Nebraska Office of Public Guardian can serve when no family member or other suitable individual is available.⁸

What the Petition Must Contain

For adult guardianship, the petition is verified and lays out the specific ways the proposed ward cannot make or communicate responsible decisions. Because Nebraska law favors the least restrictive form of guardianship, the petition should identify the areas of decision-making where a guardian is actually needed rather than asking for full authority by default. For a full guardianship, the court must find by clear and convincing evidence that the full scope of authority is necessary.⁴

For minor guardianship, the petition must show that all parental custody rights have been terminated or suspended, whether by circumstances or a prior court order. If only one parent has died or is disqualified, guardianship usually passes to the other parent automatically, so the petition should address that as well.³

What Happens After You File

Filing the petition triggers several steps. The court schedules a hearing, and the petitioner is responsible for making sure the right people are notified. For an adult case, notice must be served personally on the proposed ward at least 14 days before the hearing, and the form of notice must be appropriate to the person’s ability to understand it.

Court-Appointed Visitor

After a petition for adult guardianship is filed, the court may appoint a visitor to independently evaluate the claims of incapacity. The visitor must be trained in law, nursing, social work, mental health, gerontology, or developmental disabilities.⁹ The visitor interviews the allegedly incapacitated person, the proposed guardian, and agencies serving the ward, inspects the current home and any proposed new living arrangement, and submits a written report covering the person’s ability to handle day-to-day decisions in specific areas.

Physician Report

The court may also appoint a physician to examine the person alleged to be incapacitated and submit a written report.² Medical evidence is often the strongest part of the petitioner’s case, and proceeding without it makes approval far less likely.

Post-Appointment Filing Requirements

Getting appointed is not the end of the paperwork; in some ways it is the start.

Initial Inventory Within 30 Days

If no conservator has been appointed for the ward’s estate, the guardian must file a complete inventory with the court within 30 days of appointment, sworn to as accurate. Copies must be mailed to the ward (if the ward can be located and is at least 14 years old) and to all other interested persons.⁵ Thirty days is not much time to gather account statements, property records, and benefit information, so start immediately after appointment.

Annual Reports

After the initial inventory, the guardian must report to the court at least annually on both the ward’s condition and any estate under the guardian’s control. The updated inventory is filed yearly, with proof that copies were mailed to interested persons and, if the court has required a bond, to the bonding company.⁵ The court can order additional reports at any time. Falling behind on reporting is one of the fastest ways to attract court scrutiny.

Bond, When Required

The court may require a guardian to post a surety bond, particularly when the guardian manages the ward’s financial assets and no separate conservator has been appointed.⁸ Whether a bond is required, and in what amount, is within the court’s discretion and typically depends on the size and nature of the ward’s assets. When a bond is in place, annual reports must include proof that the updated inventory was sent to the bonding company.⁵

Emergencies Follow a Different Track

If someone needs immediate protection and cannot wait for the standard petition to work its way through the county court, Nebraska allows temporary guardianship on an expedited basis. In an emergency, the court can enter an ex parte order appointing a temporary guardian without the usual notice and hearing, with powers limited to what is necessary to address the emergency.¹⁰ Temporary guardianship is a separate track with its own filings; the forms and standards described above apply to standard, non-emergency petitions.

Where to Get Help

The Nebraska Judicial Branch website provides the standardized county court forms and the annual reporting packet. Nebraska’s Office of Public Guardian, in addition to acting as a last-resort guardian or conservator when no other suitable person is available, provides education, training, and support for volunteer and family guardians.¹¹ If you are a family member taking on this role for the first time, that office is a practical resource for understanding your obligations and keeping up with the reporting requirements the court will expect.

1
Nebraska Legislature. Nebraska Revised Statutes 33-126.02 – Fees and Salaries
2
Nebraska Legislature. Nebraska Revised Statutes 30-2619 – Procedure for Court Appointment of Guardian of Incapacitated Person
3
Nebraska Legislature. Nebraska Revised Statutes 30-2608 – Court Appointment of Guardian of Minor
4
Nebraska Legislature. Nebraska Revised Statutes 30-2620 – Guardianship Proceedings
5
Nebraska Legislature. Nebraska Revised Statutes 30-2628 – General Powers, Rights, and Duties of Guardian, Inventory
6
Nebraska Judicial Branch. Packet A – Guardianship Annual Reporting Forms
7
Nebraska Legislature. Nebraska Revised Statutes 30-2618 – Venue
8
Nebraska Legislature. Nebraska Revised Statutes 30-2627 – Who May Be Guardian, Priorities, Bond
9
Nebraska Legislature. Nebraska Revised Statutes 30-2619.01 – Visitor Appointment, Conduct Evaluation, Duties
10
Nebraska Legislature. Nebraska Revised Statutes 30-2626 – Temporary Guardians, Limited Temporary Guardians, Power of Court
11
Nebraska Judicial Branch. Office of the Public Guardian