Guardianship changes for vulnerable adults approved

Lawmakers gave final approval Feb. 16 to a bill that seeks to strengthen the state’s guardian and conservatorship system for vulnerable adults.

LB157, sponsored by Lincoln Sen. Colby Coash, requires that a potential guardian or conservator complete a criminal background check and file the results with the court 10 days prior to an appointment hearing.

Exceptions to the background check requirements include financial institutions serving as conservators and expedited, temporary and emergency guardian/conservator appointments.

Among other provisions, the bill requires a guardian/conservator to:

• file his or her papers with the register of deeds in each county in which the ward owns property or property interest;
• file an inventory of the ward’s assets within 30 days of an appointment and mail it to all interested persons;
• obtain court permission to move the ward’s place of abode outside the state; and
• furnish a bond on the ward’s assets if they exceed $10,000.

The bond can be waived for good cause and is not required for banks or other financial institutions serving as a conservator.

LB157 also allows the court to refer contested guardian/conservator cases to mediation or other dispute resolution.

Finally, the bill allows a judge to intervene when an interested person submits concerns, through an affidavit, that a ward’s safety, health or financial welfare is at risk. An interested person who files an affidavit in bad faith with the court concerning a vulnerable adult will be required to pay the opposing party reasonable attorney’s fees and costs.

LB157 passed 49-0.