Senators amend proposal to better protect vulnerable adults

Lawmakers discussed and amended a bill on general file Jan. 26 that would make changes to Nebraska’s guardian and conservatorship system for vulnerable adults.

Lincoln Sen. Colby Coash, sponsor of LB157, said the bill is a result of recommendations made by a task force of lawmakers, attorneys, judges, law enforcement and practitioners. The chief justice of the Nebraska Supreme Court brought the group together, he said, with the hope of strengthening the guardian and conservatorship system.

“We want judges to have all the information we can provide them in order for them to make good decisions,” Coash said. “But we didn’t want to make the process so burdensome that we would prohibit [individuals] from serving as guardians.”

A pending Coash amendment would replace the bill and would require that a potential guardian/conservator complete a background check – including criminal history, sex offender and central register checks – and file the results with the court 10 days prior to an appointment hearing.

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

A provision that also would have required a credit check was removed by an amendment brought by Norfolk Sen. Mike Flood. Credit reports could become public record as part of the official court file, he said.

“In the age of identity theft, a credit report is gold to a thief,” he said.

In addition, Flood said, such a requirement could dissuade individuals who otherwise would be willing to be guardians or conservators.

“I’m concerned that they may not want to serve if we make the bar too high,” he said.

Flood’s amendment was adopted on a 33-6 vote.

In addition, the bill would require 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 a ward’s assets if they exceed $10,000.

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

LB157 would allow the court to refer contested guardian/conservator cases to mediation or other form of dispute resolution. The bill also would require the court to create and maintain a database of the status of guardian and conservatorships and notice of suspension or removal of a guardian.

Finally, the bill would allow 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.

The Legislature adjourned for the day before taking further action on the proposal.