Guardianship requirements updated

Senators passed a measure April 9 that seeks to improve Nebraska’s guardianship system.

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.

LB985, sponsored by Bennington Sen. Wendy DeBoer, prohibits a private person who already has 20 or more clients from accepting another appointment as a guardian or conservator.

The bill also contains provisions of DeBoer’s LB1178, which allow individuals under a guardianship or conservatorship to attend required hearings either virtually or in person. The measure also requires guardians to maintain periodic contact with care providers, make monitoring visits at least monthly and keep written records of those visits.

Finally, courts are authorized to award costs and reasonable attorney fees in specified guardianship proceedings, payable either from the trust involved or by another party.

LB985 passed on a 49-0 vote.