Guardianship requirements, client cap advanced

Lawmakers gave first-round approval March 4 to a proposal that seeks to improve Nebraska’s guardianship system.

LB985, sponsored by Bennington Sen. Wendy DeBoer, would prohibit a private person from accepting appointment as a guardian or conservator if they already have 20 clients.

Under Nebraska law, a guardian is a court-appointed fiduciary responsible for making personal and medical decisions for a person who is unable to do so for themselves. A conservator is a court-appointed fiduciary responsible for managing a person’s financial affairs and property.

DeBoer said the cap would mirror the one already in place for the state’s Office of Public Guardian, which serves as guardian when no alternative is available.

In December of last year, she said, an alleged case of theft and abuse was made possible, in part, by the lack of a cap on how many clients a private guardian may serve.

“The person under a guardianship essentially has no rights over their life,” DeBoer said. “The guardian determines where the ward lives, the jobs they may or may not have [and] how to spend money, among other decisions. Putting someone under guardianship is an incredibly serious step and those under guardianship deserve some basic protections.”

A Judiciary Committee amendment, adopted 37-0, added provisions of LB1178, also introduced by DeBoer. Those provisions would:
• allow individuals under a guardianship or conservatorship to attend required hearings either virtually or in person;
• require guardians to make at least monthly monitoring visits, keep written records of those visits and maintain periodic contact with care providers; and
• authorize courts to award costs and reasonable attorney’s fees in specified proceedings, payable either from the trust involved or by another party.

Lincoln Sen. Carolyn Bosn, chairperson of the Judiciary Committee, spoke in favor of the bill and the amendment.

“[A] reasonable limitation on the number of wards ensures meaningful participation rights for wards and protected persons,” she said.

Following the 39-0 adoption of a DeBoer cleanup amendment, senators advanced LB985 to select file on a 39-0 vote.