Guardianship and conservatorship in Nebraska: who, where, cost

How a court can name a guardian or conservator in Nebraska, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian (full or limited), temporary guardian, standby guardian, conservator; Public Guardian.

Filing fee: $44 total to file a guardianship petition in county court ($18 filing fee plus court fees), and $44 for a conservatorship petition or a combined guardianship and conservatorship petition (Nebraska Judicial Branch fee schedule, effective July 1, 2026; Neb. Rev. Stat. 33-126.02).
Court: County court of the county where the person lives.

What guardianship or conservatorship is

What it is called: Guardian (full or limited), temporary guardian, standby guardian, conservator; Public Guardian
When a court may appoint one: An incapacitated person is someone who, because of mental illness or deficiency, physical illness or disability, chronic drug use or intoxication or another cause, lacks sufficient understanding or capacity to make or communicate responsible decisions about themselves. The court may appoint a guardian on clear and convincing evidence that the person is incapacitated and that guardianship is necessary or desirable as the least restrictive alternative. The guardianship must be limited unless the court finds by clear and convincing evidence that a full guardianship is necessary.
Kinds: Limited guardianship
Full guardianship
Temporary guardianship (emergency)
Standby guardianship
Conservatorship

Law: Neb. Rev. Stat. §§ 30-2601, 30-2619, 30-2620, 30-2626, 30-2627

Who can ask, which court and your own choice

Who may ask

The person alleged to be incapacitated or any person interested in their welfare, by a verified petition.

Court

County court of the county where the person lives.

Choosing your own

The person you nominate in a power of attorney, or the agent acting under it (or someone your agent nominates if the document allows), has first priority for appointment as guardian.

Law: Neb. Rev. Stat. 30-2627(b)(1), 30-4008(1)

Effect on a power of attorney

If a conservator is appointed, your agent must account to the conservator, and the conservator has the same power you would have to revoke or amend the power of attorney. Unless it says otherwise, your power of attorney for health care controls health care decisions over a guardianship or conservatorship (30-3420(5)).

Law: Neb. Rev. Stat. 30-4008(2)

Cost, fee waiver and forms

Filing fee

$44 total to file a guardianship petition in county court ($18 filing fee plus court fees), and $44 for a conservatorship petition or a combined guardianship and conservatorship petition (Nebraska Judicial Branch fee schedule, effective July 1, 2026; Neb. Rev. Stat. 33-126.02).

Fee waiver

A guardianship case can be brought or defended in forma pauperis (without paying fees) under Neb. Rev. Stat. 25-2301 to 25-2310.

Law: Neb. Rev. Stat. 30-2620.01

Steps

Other options and where to report abuse

Report abuse or exploitation

Nebraska DHHS Adult Protective Services (Adult Abuse and Neglect Hotline) · (800) 652-1999

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Nebraska

Report abuse or exploitation

Nebraska DHHS Adult Protective Services (Adult Abuse and Neglect Hotline) · (800) 652-1999

Questions about powers of attorney in Nebraska

How does guardianship or conservatorship work in Nebraska?

An incapacitated person is someone who, because of mental illness or deficiency, physical illness or disability, chronic drug use or intoxication or another cause, lacks sufficient understanding or capacity to make or communicate responsible decisions about themselves.

What does a guardianship or conservatorship cost in Nebraska?

More for Nebraska

Federal rules everywhere

These rules come from federal law and apply in every state.

Social Security and SSI — A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. More →
Law: SSA POMS GN 00502.139 (A.6, B.5)
VA benefits — If a veteran or other VA beneficiary cannot manage VA benefits, VA appoints a fiduciary. VA decides that a person cannot manage their financial affairs only after it receives medical evidence or after a court has already decided this. More →
Taxes (IRS) — To let someone represent you before the IRS, use Form 2848. The person must be eligible to practice before the IRS; this includes certain family members: a spouse, parent, child, brother, sister, grandparent, grandchild, step-parent, step-child, step-brother or step-sister.
Law: IRS, Instructions for Form 2848 (Rev. Sept. 2021); Form 2848 (Rev. Jan. 2021)
Medicare and health privacy — 1-800-MEDICARE can share a person's information with you only with that person's written permission on Form CMS-10106 (online through their Medicare.gov account, or by mail). If you sign as a personal representative, attach a copy of the paper that shows you can act for the person, such as a power of attorney.
Law: CMS, Form CMS-10106 (03/2026)
Hospitals and your directive — Hospitals, nursing homes, home health agencies and hospice programs that take Medicare or Medicaid, and Medicare and Medicaid health plans, must give adult patients written information about their rights under state law to accept or refuse treatment and to make advance directives. More →
Law: 42 U.S.C. 1395cc(f) (Patient Self-Determination Act); 42 U.S.C. 1396a(w) (Medicaid)
Military — A military power of attorney, notarized under federal military notary law or other state or federal law, does not have to meet any state's form, signing or recording rules.
Law: 10 U.S.C. 1044b
If you are an agent — An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more. More →
Report exploitation — Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff.