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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1178
Introduced by DeBoer, 10.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Nebraska Probate Code; to amend1
sections 30-2619, 30-2623, 30-2625, 30-2627, and 30-2636, Reissue2
Revised Statutes of Nebraska; to allow an incapacitated person,3
ward, minor, or protected person to attend hearings relating to4
guardianships virtually; to change provisions relating to duties of5
guardians; to provide for awards of costs and expenses, including6
attorney's fees, in certain judicial proceedings; and to repeal the7
original sections. 8
Be it enacted by the people of the State of Nebraska,9
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Section 1. Section 30-2619, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
30-2619 (a) The person alleged to be incapacitated or any person3
interested in his or her welfare may petition for a finding of incapacity4
and appointment of a guardian or a standby guardian. The petition shall5
be verified and shall contain specific allegations with regard to each of6
the areas as provided under section 30-2619.01 in which the petitioner7
claims that the person alleged to be incapacitated lacks sufficient8
understanding to make or communicate responsible decisions concerning his9
or her own person. An interested person may file a motion to make more10
definite and certain requesting a specific description of the functional11
limitations and physical and mental condition of the person alleged to be12
incapacitated with the specific reasons prompting the request for13
guardianship. 14
(b) Upon the filing of a petition, the court shall set a date for15
hearing on the issues of incapacity and unless the person alleged to be16
incapacitated has retained counsel of his or her own choice or has17
otherwise indicated a desire for an attorney of his or her own choice,18
the court may appoint an attorney to represent him or her in the19
proceeding. The court may appoint a guardian ad litem as provided in20
sections 30-4201 to 30-4210 to advocate for the best interests of the21
person alleged to be incapacitated. 22
(c) The person alleged to be incapacitated may be examined by a23
physician appointed by the court. The physician shall submit his or her24
report in writing to the court and may be interviewed by a visitor, if so25
appointed pursuant to sections 30-2619.01 and 30-2624, sent by the court.26
(d) The person alleged to be incapacitated is entitled to be present27
at the hearing virtually or in person and to see and hear all evidence28
bearing upon his or her condition. He or she is entitled to be present by29
counsel, to compel the attendance of witnesses, to present evidence, to30
cross-examine witnesses, including the court-appointed physician and the31
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visitor appointed by the court pursuant to sections 30-2619.01 and1
30-2624, and to appeal any final orders or judgments. The issue may be2
determined at a closed hearing only if the person alleged to be3
incapacitated or his or her counsel so requests. 4
(e) At any hearing conducted under this section, the court may5
designate one or more standby guardians of the person whose appointment6
will become effective immediately upon the death, unwillingness or7
inability to act, resignation, or removal by the court of the initially8
appointed guardian and upon compliance with any rules promulgated by the9
Supreme Court. The standby guardian shall have the same powers and duties10
as the initially appointed guardian. The standby guardian shall receive a11
copy of the order establishing or modifying the initial guardianship and12
the order designating the standby guardian. Upon assuming office, the13
standby guardian shall so notify the court in writing. Upon notification14
and upon compliance with any rules promulgated by the Supreme Court, the15
court shall issue new letters of guardianship that specify that the16
standby guardianship appointment is permanent. A standby guardian shall17
complete the training required by section 30-2601.01 at the time or times18
required by rules promulgated by the Supreme Court or as otherwise19
provided by order of the county court. 20
(f) The Public Guardian shall not be appointed as a standby21
guardian. 22
Sec. 2. Section 30-2623, Reissue Revised Statutes of Nebraska, is23
amended to read: 24
30-2623 (a) On petition of the ward or any person interested in the25
ward's his welfare, the court may remove a guardian and appoint a26
successor if in the best interests of the ward. On petition of the27
guardian, the court may accept the guardian's his resignation and make28
any other order which may be appropriate. 29
(b) An order adjudicating incapacity may specify a minimum period,30
not exceeding one year, during which no petition for an adjudication that31
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the ward is no longer incapacitated may be filed without special leave.1
Subject to this restriction, the ward or any person interested in the2
ward's his welfare may petition for an order that the ward he is no3
longer incapacitated, and for removal or resignation of the guardian. A4
request for this order may be made by informal letter to the court or5
judge and any person who knowingly interferes with transmission of this6
kind of request to the court or judge may be adjudged guilty of contempt7
of court. 8
(c) Before removing a guardian, accepting the resignation of a9
guardian, or ordering that a ward's incapacity has terminated, the court,10
following the same procedures to safeguard the rights of the ward as11
apply to a petition for appointment of a guardian, may send a visitor to12
the residence of the present guardian and to the place where the ward13
resides or is detained, to observe conditions and report in writing to14
the court. 15
(d) In any court hearing under this section, the ward shall have the16
right to attend the hearing virtually or in person.17
Sec. 3. Section 30-2625, Reissue Revised Statutes of Nebraska, is18
amended to read: 19
30-2625 (a) In a proceeding for the appointment of a guardian for a20
person alleged to be incapacitated or the removal of a guardian of a ward21
other than the appointment of a temporary guardian or temporary22
suspension of a guardian, notice of hearing shall be given to each of the23
following: 24
(1) The ward or the person alleged to be incapacitated and his or25
her spouse, parents, and adult children; 26
(2) Any person who is serving as guardian or conservator of the ward27
or who has care and custody of a person alleged to be incapacitated; and28
(3) If no other person is notified under subdivision (1) of this29
subsection, at least one of the closest adult relatives of the ward or30
person alleged to be incapacitated, if any can be found.31
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(b) Notice which is appropriate to the circumstances of the ward or1
person alleged to be incapacitated shall be served personally at least2
fourteen days prior to the hearing on the ward or person alleged to be3
incapacitated and his or her spouse and parents if they can be found4
within the state. The court may require the petitioner to serve notice in5
alternative formats or with appropriate auxiliary aids and services if6
necessary to ensure equally effective communication with the ward or7
person alleged to be incapacitated, including, but not limited to, the8
use of braille, sign language, large print, reading aloud, or other9
reasonable accommodation for the known disabilities of the individual10
based on the allegations specified in the petition. Waiver of notice by11
the person alleged to be incapacitated shall not be effective unless he12
or she attends the hearing and the court determines that the waiver is13
appropriate. 14
(c) In addition to notifying him or her of the filing of the15
petition and the time and place of the hearing on the petition, the16
notice required to be served upon the person alleged to be incapacitated17
shall list the following rights of the person: 18
(1) The right to request the appointment of an attorney;19
(2) The right to present evidence in his or her own behalf;20
(3) The right to request that the power of the guardian, if21
appointed, be limited by the court; 22
(4) The right to be notified regarding how to contact the temporary23
guardian if a temporary guardian is appointed; 24
(5) The right to compel attendance of witnesses;25
(6) The right to cross-examine witnesses, including the court-26
appointed physician; 27
(7) The right to appeal any final order; and 28
(8) The right to request a hearing closed to the public; and .29
(9) The right to attend each court hearing virtually or in person,30
including a hearing held on the original petition, a hearing held31
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regarding a change or termination of a guardian, and a show cause1
hearing. 2
(d) If a temporary guardian has been appointed, the notice required3
in subsection (c) of this section shall include a notice of such4
appointment and of the right to request an expedited hearing pursuant to5
section 30-2626. 6
Sec. 4. Section 30-2627, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
30-2627 (a) Any competent person or the Public Guardian may be9
appointed guardian of a person alleged to be incapacitated, except that10
it shall be unlawful for any agency providing residential care in an11
institution or community-based program, or any owner, part owner,12
manager, administrator, employee, or spouse of an owner, part owner,13
manager, administrator, or employee of any nursing home, room and board14
home, assisted-living facility, or institution engaged in the care,15
treatment, or housing of any person physically or mentally handicapped,16
infirm, or aged to be appointed guardian of any such person residing,17
being under care, receiving treatment, or being housed in any such home,18
facility, or institution within the State of Nebraska. Nothing in this19
subsection shall prevent the spouse, adult child, parent, or other20
relative of the person alleged to be incapacitated from being appointed21
guardian or prevent the guardian officer for one of the Nebraska veterans22
homes as provided in section 80-327 from being appointed guardian or23
conservator for the person alleged to be incapacitated. It shall be24
unlawful for any county attorney or deputy county attorney appointed as25
guardian for a person alleged to be incapacitated to circumvent his or26
her duties or the rights of the ward pursuant to the Nebraska Mental27
Health Commitment Act by consenting to inpatient or outpatient28
psychiatric treatment over the objection of the ward.29
(b) Persons who are not disqualified under subsection (a) of this30
section and who exhibit the ability to exercise the powers to be assigned31
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by the court have priority for appointment as guardian in the following1
order: 2
(1) A person nominated most recently by one of the following3
methods: 4
(i) A person nominated by the incapacitated person in a power of5
attorney or a durable power of attorney; 6
(ii) A person acting under a power of attorney or durable power of7
attorney; or 8
(iii) A person nominated by an attorney in fact who is given power9
to nominate in a power of attorney or a durable power of attorney10
executed by the incapacitated person; 11
(2) The spouse of the incapacitated person; 12
(3) An adult child of the incapacitated person;13
(4) A parent of the incapacitated person, including a person14
nominated by will or other writing signed by a deceased parent;15
(5) Any relative of the incapacitated person with whom he or she has16
resided for more than six months prior to the filing of the petition;17
(6) A person nominated by the person who is caring for him or her or18
paying benefits to him or her; 19
(7) The Public Guardian. 20
(c) When appointing a guardian, the court shall take into21
consideration the expressed wishes of the allegedly incapacitated person.22
The court, acting in the best interest of the incapacitated person, may23
pass over a person having priority and appoint a person having lower24
priority or no priority. With respect to persons having equal priority,25
the court shall select the person it deems best qualified to serve.26
(d) In its order of appointment, unless waived by the court, the27
court shall require any person appointed as guardian to successfully28
complete within three months of such appointment a training program29
approved by the Public Guardian. If the person appointed as guardian does30
not complete the training program, the court shall issue an order to show31
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cause why such person should not be removed as guardian.1
(e) The court may require a guardian to furnish a bond in an amount2
and conditioned in accordance with the provisions of sections 30-2640 and3
30-2641. The Public Guardian shall not be required to post bond.4
(f) A guardian shall monitor the ward or protected person and his or5
her care on a continuing basis no less than once per month. The guardian6
shall maintain a written record of each visit with a ward or protected7
person and shall have periodic contact with all public or private8
individuals and agencies that provide care or related services to the9
ward or protected person. 10
Sec. 5. Section 30-2636, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
30-2636 (a) Upon receipt of a petition for appointment of a13
conservator or other protective order because of minority, the court14
shall set a date for hearing on the matters alleged in the petition. If,15
at any time in the proceeding, the court determines that the interests of16
the minor are or may be inadequately represented, the court may appoint17
an attorney to represent the minor, giving consideration to the choice of18
the minor if he or she is fourteen years of age or older. A lawyer19
appointed by the court to represent a minor as provided in sections20
30-4201 to 30-4210 has the powers and duties of a guardian ad litem.21
(b) Upon receipt of a petition for appointment of a conservator or22
other protective order for reasons other than minority, the court shall23
set a date for hearing. Unless the person to be protected has counsel of24
his or her own choice, the court may appoint an attorney to represent him25
or her in the proceeding. The court may appoint a guardian ad litem as26
provided in sections 30-4201 to 30-4210 to advocate for the best27
interests of the person to be protected. If the alleged disability is28
mental illness, mental deficiency, physical illness or disability,29
chronic use of drugs, or chronic intoxication, the court may direct that30
the person to be protected be examined by a physician designated by the31
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court, preferably a physician who is not connected with any institution1
in which the person is a patient or is detained. The court may send a2
visitor to interview the person to be protected. The visitor may be a3
guardian ad litem or an officer or employee of the court.4
(c) The minor or person to be protected under subsections (a) and5
(b) of this section shall have the right to attend each court hearing6
virtually or in person. 7
(d) (c) After hearing, upon finding that clear and convincing8
evidence exists for the appointment of a conservator or other protective9
order, the court shall make an appointment or other appropriate10
protective order. 11
Sec. 6. In any judicial proceeding involving the appointment of a12
guardian or a conservator, the administration of a guardianship or13
conservatorship, or an accounting for a guardianship or a14
conservatorship, the court, as justice and equity may require, may award15
costs and expenses, including reasonable attorney's fees, to any party,16
to be paid by another party or from the trust that is the subject of the17
controversy. 18
Sec. 7. Original sections 30-2619, 30-2623, 30-2625, 30-2627, and19
30-2636, Reissue Revised Statutes of Nebraska, are repealed.20
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