reglab/housing_qa huggingface dataset:
NE Code § 30-2619.01 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2619.01 - Visitor appointment; conduct evaluation; duties.

30-2619.01.  Visitor appointment; conduct evaluation; duties.Following the filing of a petition, the court may appoint a visitor and direct such visitor to conduct an evaluation of the allegations of incapacity as provided under this section. To conduct the evaluation of the allegations of incapacity, the visitor shall interview the allegedly incapacitated person, the person seeking appointment as guardian, the agencies providing services to the allegedly incapacitated person, and other persons and agencies that may provide relevant information. The visitor shall also visit the present place of abode of the person alleged to be incapacitated and, if any change of residence is anticipated, the place it is proposed that he or she will be detained or reside if the requested appointment is made, and submit his or her report in writing to the court.As part of the evaluation of allegations of incapacity, a visitor, if appointed, shall obtain evidence relating to the allegedly incapacitated person's ability to make, communicate, or carry out responsible decisions concerning his or her person with regard to:(1) Selecting his or her place of abode within or without this state;(2) Arranging for his or her medical care;(3) Protecting his or her personal effects;(4) Giving necessary consents, approvals, or releases;(5) Arranging for training, education, or other habilitating services appropriate to him or her;(6) Applying for private or governmental benefits to which he or she may be entitled;(7) Instituting proceedings to compel any person liable for the support of the proposed ward to support him or her if no conservator has been appointed for the proposed ward;(8) Entering into contractual agreements if no conservator has been appointed for the proposed ward;(9) Receiving money and tangible property deliverable to him or her and applying such money and property to his or her expenses for room and board, medical care, personal effects, training, education, and habilitative services; and(10) Any other area of inquiry which the court may direct.Source  Laws 1982, LB 428, § 2. Cross References   For fees and costs of visitor, see sections 30-2620.01 and 30-2643.  For qualifications of visitor, see section 30-2624. Annotations Section is neither vague nor overbroad. In re Guardianship and Conservatorship of Sim, 225 Neb. 181, 403 N.W.2d 721 (1987).
NE Code § 30-2619.02 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2619.02 - Visitor's evaluation; how conducted.

30-2619.02.  Visitor's evaluation; how conducted.The guardianship evaluation by the visitor shall be conducted with minimum interference with the allegedly incapacitated person's activities. Any interviews and examinations shall take place in the usual residence unless the visitor deems it necessary to conduct the interview or examination elsewhere. In cases of such necessity, the interview or examination shall take place during normal business hours.Source  Laws 1982, LB 428, § 3.
NE Code § 30-2619.03 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2619.03 - Visitor's evaluation report; contents.

30-2619.03.  Visitor's evaluation report; contents.The visitor shall file an evaluation report based upon the evaluation of the allegations of incapacity with the court within sixty days of the filing of the guardianship petition. Copies of the evaluation report shall be made available to the guardian ad litem, the proposed ward, and the petitioner. The evaluation report shall contain:(1) A record of the visitor's interviews;(2) Evidence obtained in each of the categories listed in section 30-2619.01;(3) Recommendations as to the need of the proposed ward for a guardian in each of the areas listed in section 30-2619.01;(4) The visitor's opinion as to the appropriateness of the person seeking appointment as guardian;(5) Recommendations as to other appropriate candidates; and(6) The visitor's opinion as to the needed duration of the guardianship.Source  Laws 1982, LB 428, § 4.
NE Code § 30-2619.04 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2619.04 - Visitor's evaluation report; responses.

30-2619.04.  Visitor's evaluation report; responses.The petitioner and the proposed ward shall have ten judicial days to file responses to the visitor's evaluation report.Source  Laws 1982, LB 428, § 5.
NE Code § 30-2620.01 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2620.01 - Attorney, guardian ad litem, physician, and visitor; fees and costs; in forma pauperis proceedings; frivolous actions.

30-2620.01.  Attorney, guardian ad litem, physician, and visitor; fees and costs; in forma pauperis proceedings; frivolous actions.The reasonable fees and costs of an attorney, a guardian ad litem, a physician, and a visitor appointed by the court for the person alleged to be incapacitated shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the ward if the ward possesses an estate or, if not, shall be paid by the county in which the proceedings are brought or by the petitioner as costs of the action. An action under sections 30-2601 to 30-2661 may be initiated or defended in forma pauperis in accordance with sections 25-2301 to 25-2310. The court may assess attorney's fees and costs against the petitioner upon a showing that the action was frivolous in accordance with sections 25-824 to 25-824.03.Source   Laws 1982, LB 428, § 7;   Laws 1993, LB 782, § 7;  Laws 1999, LB 689, § 14.
NE Code § 30-2621 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2621 - Acceptance of appointment; consent to jurisdiction.

30-2621.  Acceptance of appointment; consent to jurisdiction.By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.Source  Laws 1974, LB 354, § 239, UPC § 5-305.
NE Code § 30-2622 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2622 - Termination of guardianship for incapacitated person; liability for prior acts; obligation to account.

30-2622.  Termination of guardianship for incapacitated person; liability for prior acts; obligation to account.The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 30-2623. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.Source   Laws 1974, LB 354, § 240, UPC § 5-306;   Laws 1975, LB 481, § 19.
NE Code § 30-2623 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2623 - Removal or resignation of guardian; termination of incapacity.

30-2623.  Removal or resignation of guardian; termination of incapacity.(a) On petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward. On petition of the guardian, the court may accept his resignation and make any other order which may be appropriate.(b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in his welfare may petition for an order that he is no longer incapacitated, and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court.(c) Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward's incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send a visitor to the residence of the present guardian and to the place where the ward resides or is detained, to observe conditions and report in writing to the court.Source  Laws 1974, LB 354, § 241, UPC § 5-307.Annotations By using the phrase "any person interested in his welfare," the Legislature intended to allow persons who are interested in a protected person, but who do not satisfy the definition of "interested person," to bring matters affecting the welfare of protected persons to the attention of the local probate court. In re Guardianship of Gilmore, 11 Neb. App. 876, 662 N.W.2d 221 (2003).
NE Code § 30-2624 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2624 - Visitor; qualifications.

30-2624.  Visitor; qualifications.A visitor shall be trained in law, nursing, social work, mental health, gerontology, or developmental disabilities and shall be an officer, employee, or special appointee of the court with no personal interest in the proceedings.Any qualified person may be appointed visitor of a proposed ward, except that it shall be unlawful for any owner, part owner, manager, administrator, or employee, or any spouse of an owner, part owner, manager, administrator, or employee of a nursing home, room and board home, convalescent home, group care home, or institution providing residential care to any person with a physical disability, with an intellectual disability, with an infirmity, or who is aged to be appointed visitor of any such person residing, being under care, receiving treatment, or being housed in any such home or institution within the State of Nebraska.The court shall select the visitor who has the expertise to most appropriately evaluate the needs of the person who is allegedly incapacitated.The court shall maintain a current list of persons trained in or having demonstrated expertise in the areas of mental health, intellectual disability, drug abuse, alcoholism, gerontology, nursing, and social work, for the purpose of appointing a suitable visitor.Source   Laws 1974, LB 354, § 242, UPC § 5-308;   Laws 1982, LB 428, § 8;  Laws 2013, LB23, § 5.
NE Code § 30-2625 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2625 - Notices in guardianship proceedings.

30-2625.  Notices in guardianship proceedings.(a) In a proceeding for the appointment of a guardian for a person alleged to be incapacitated or the removal of a guardian of a ward other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:(1) The ward or the person alleged to be incapacitated and his or her spouse, parents, and adult children;(2) Any person who is serving as guardian or conservator of the ward or who has care and custody of a person alleged to be incapacitated; and(3) If no other person is notified under subdivision (1) of this subsection, at least one of the closest adult relatives of the ward or person alleged to be incapacitated, if any can be found.(b) Notice which is appropriate to the circumstances of the ward or person alleged to be incapacitated shall be served personally at least fourteen days prior to the hearing on the ward or person alleged to be incapacitated and his or her spouse and parents if they can be found within the state. The court may require the petitioner to serve notice in alternative formats or with appropriate auxiliary aids and services if necessary to ensure equally effective communication with the ward or person alleged to be incapacitated, including, but not limited to, the use of braille, sign language, large print, reading aloud, or other reasonable accommodation for the known disabilities of the individual based on the allegations specified in the petition. Waiver of notice by the person alleged to be incapacitated shall not be effective unless he or she attends the hearing and the court determines that the waiver is appropriate.(c) In addition to notifying him or her of the filing of the petition and the time and place of the hearing on the petition, the notice required to be served upon the person alleged to be incapacitated shall list the following rights of the person:(1) The right to request the appointment of an attorney;(2) The right to present evidence in his or her own behalf;(3) The right to request that the power of the guardian, if appointed, be limited by the court;(4) The right to be notified regarding how to contact the temporary guardian if a temporary guardian is appointed;(5) The right to compel attendance of witnesses;(6) The right to cross-examine witnesses, including the court-appointed physician;(7) The right to appeal any final order; and(8) The right to request a hearing closed to the public.(d) If a temporary guardian has been appointed, the notice required in subsection (c) of this section shall include a notice of such appointment and of the right to request an expedited hearing pursuant to section 30-2626.Source   Laws 1974, LB 354, § 243, UPC § 5-309;   Laws 1978, LB 650, § 38;   Laws 1982, LB 428, § 9;   Laws 1993, LB 782, § 8;   Laws 1997, LB 466, § 8.
NE Code § 30-2629 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2629 - Proceedings subsequent to appointment; venue.

30-2629.  Proceedings subsequent to appointment; venue.(a) Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, the court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting, and other proceedings relating to the guardianship.(b) Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, if the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.(c) Any action or proposed action by a guardian may be challenged at any time by any interested person.Source   Laws 1974, LB 354, § 247, UPC § 5-313;   Laws 1997, LB 466, § 12;  Laws 2011, LB157, § 40. Cross References  Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, see section 30-3901.
NE Code § 30-2631 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2631 - Protective proceedings; jurisdiction of affairs of protected persons.

30-2631.  Protective proceedings; jurisdiction of affairs of protected persons.After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:(1) exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated;(2) exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended or distributed to or for the use of the protected person or any of his dependents;(3) concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and his title to any property or claim.Source  Laws 1974, LB 354, § 249, UPC § 5-402.
NE Code § 30-2632 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2632 - Venue.

30-2632.  Venue.Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, venue for proceedings under this part is:(1) In the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or(2) If the person to be protected does not reside in this state, in any place where he or she has property.Source   Laws 1974, LB 354, § 250, UPC § 5-403;  Laws 2011, LB157, § 42. Cross References  Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, see section 30-3901.
NE Code § 30-2633 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2633 - Original petition for appointment or protective order.

30-2633.  Original petition for appointment or protective order.(a) The person to be protected, any person who is interested in his or her estate, property affairs, or welfare including his or her parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his or her property and property affairs may petition for the appointment of a conservator or for other appropriate protective order.(b) The petition shall set forth, to the extent known, the interest of the petitioner; the name, age, residence, and address of the person to be protected; the name and address of his or her guardian, if any; the name and address of his or her nearest relative known to the petitioner; a general statement of his or her property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which he or she is entitled; and specific allegations regarding the necessity of the appointment of a conservator or other protective order. If the appointment of a conservator is requested, the petition shall also set forth the name and address of the person whose appointment is sought and the basis of his or her priority for appointment. An interested person may file a motion to make more definite and certain requesting a specific description of the functional limitations and physical and mental condition of the person sought to be protected with the specific reasons prompting the request for conservatorship.Source   Laws 1974, LB 354, § 251, UPC § 5-404;   Laws 1982, LB 428, § 13;   Laws 1993, LB 782, § 14;   Laws 1997, LB 466, § 14. Annotations  Where the objector has an interest in the welfare of the ward because the objector would have an obligation to support the ward during his or her lifetime if the ward's funds are mismanaged, then that objector would have standing to contest the conservatorship. In re Guardianship & Conservatorship of Barnhart, 290 Neb. 314, 859 N.W.2d 856 (2015). Proceedings initiated to appoint a conservator are special proceedings. In re Guardianship & Conservatorship of Larson, 270 Neb. 837, 708 N.W.2d 262 (2006).
NE Code § 30-2635 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2635 - Protective proceedings; request for notice; interested person.

30-2635.  Protective proceedings; request for notice; interested person.Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and his address, or that of his attorney, and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.Source  Laws 1974, LB 354, § 253, UPC § 5-406.
NE Code § 30-2636 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-2636 - Procedure concerning hearing and order on original petition.

30-2636.  Procedure concerning hearing and order on original petition.(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, the court may appoint an attorney to represent the minor, giving consideration to the choice of the minor if he or she is fourteen years of age or older. A lawyer appointed by the court to represent a minor as provided in sections 30-4201 to 30-4210 has the powers and duties of a guardian ad litem.(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of his or her own choice, the court may appoint an attorney to represent him or her in the proceeding. The court may appoint a guardian ad litem as provided in sections 30-4201 to 30-4210 to advocate for the best interests of the person to be protected. If the alleged disability is mental illness, mental deficiency, physical illness or disability, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.(c) After hearing, upon finding that clear and convincing evidence exists for the appointment of a conservator or other protective order, the court shall make an appointment or other appropriate protective order.Source   Laws 1974, LB 354, § 254, UPC § 5-407;   Laws 1978, LB 650, § 23;   Laws 1993, LB 782, § 16;  Laws 2016, LB934, § 27.