reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2502 - Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

30-2502.
Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the representative stating:
(1) the date of the death of the nonresident decedent,
(2) that no local administration, or application or petition therefor, is pending in this state,
(3) that the domiciliary foreign personal representative is entitled to payment or delivery.
Source
Laws 1974, LB 354, § 208, UPC § 4-201.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2503 - Payment or delivery discharges.

30-2503.
Payment or delivery discharges.
Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
Source
Laws 1974, LB 354, § 209, UPC § 4-202.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2504 - Resident creditor notice.

30-2504.
Resident creditor notice.
Payment or delivery under section 30-2503 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Source
Laws 1974, LB 354, § 210, UPC § 4-203.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2505 - Proof of authority; bond.

30-2505.
Proof of authority; bond.
If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given.
Source
Laws 1974, LB 354, § 211, UPC § 4-204.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2506 - Powers.

30-2506.
Powers.
A domiciliary foreign personal representative who has complied with section 30-2505 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
Source
Laws 1974, LB 354, § 212, UPC § 4-205.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2507 - Power of representatives in transition.

30-2507.
Power of representatives in transition.
The power of a domiciliary foreign personal representative under section 30-2502 or 30-2506 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 30-2506, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
Source
Laws 1974, LB 354, § 213, UPC § 4-206.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2508 - Ancillary and other local administrations; provisions governing.

30-2508.
Ancillary and other local administrations; provisions governing.
In respect to a nonresident decedent, the provisions of Article 24 of this code govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
Source
Laws 1974, LB 354, § 214, UPC § 4-207.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2509 - Jurisdiction by act of foreign personal representative.

30-2509.
Jurisdiction by act of foreign personal representative.
A foreign personal representative submits himself personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing authenticated copies of his appointment as provided in section 30-2505, (2) receiving payment of money or taking delivery of personal property under section 30-2502, or (3) doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.
Source
Laws 1974, LB 354, § 215, UPC § 4-301.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2510 - Jurisdiction by act of decedent.

30-2510.
Jurisdiction by act of decedent.
In addition to jurisdiction conferred by section 30-2509, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
Source
Laws 1974, LB 354, § 216, UPC § 4-302.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2511 - Service on foreign personal representative.

30-2511.
Service on foreign personal representative.
Service of process may be made upon the foreign personal representative who has submitted himself or herself to the jurisdiction of the court under section 30-2509 or is subject to jurisdiction under section 30-2510 in the manner provided for service of a summons in a civil action.
Source
Laws 1974, LB 354, § 217, UPC § 4-303;
Laws 1983, LB 447, § 45.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2512 - Effect of adjudication for or against personal representative.

30-2512.
Effect of adjudication for or against personal representative.
An adjudication rendered in any jurisdiction, which has an applicable provision of law similar in reciprocal effect to this provision, in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
Source
Laws 1974, LB 354, § 218, UPC § 4-401.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2601.01 - Guardians and conservators; training curricula.

30-2601.01.
Guardians and conservators; training curricula.
The Public Guardian shall approve training curricula for persons appointed as guardians and conservators. Such training curricula shall include, but not be limited to:
(1) The rights of wards under sections 30-2601 to 30-2661 and the Public Guardianship Act specifically and under the laws of the United States generally;
(2) The duties and responsibilities of guardians;
(3) Reporting requirements;
(4) Least restrictive options in the areas of housing, medical care, and psychiatric care; and
(5) Resources to assist guardians in fulfilling their duties.
Source
Laws 1993, LB 782, § 4;
Laws 2014, LB920, § 21.
Cross References
Public Guardianship Act, see section 30-4101.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2601.02 - Legislative intent.

30-2601.02.
Legislative intent.
The Legislature recognizes the need for providing mechanisms for intervening in the lives of certain persons who are impaired by reason of disability. It is the intent of the Legislature to authorize the use of guardianships and conservatorships for such intervention. It is also the intent of the Legislature to encourage the least restrictive alternative possible on the impaired person's exercise of personal and civil rights consistent with the impaired person's need for services by encouraging judges to utilize limited guardianships if appropriate.
Source
Laws 1997, LB 466, § 4.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2602 - Jurisdiction of subject matter; consolidation of proceedings.

30-2602.
Jurisdiction of subject matter; consolidation of proceedings.
(a) The court has jurisdiction over protective proceedings and guardianship proceedings.
(b) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Source
Laws 1974, LB 354, § 220, UPC § 5-102.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2602.01 - Ex parte orders; authorized; violation; penalty.

30-2602.01.
Ex parte orders; authorized; violation; penalty.
During the pendency of any proceeding under sections 30-2601 to 30-2661 after a guardian or conservator is appointed, upon application by any interested person and if the accompanying affidavit of such person or his or her agent shows to the court that the ward's or protected person's safety, health, or financial welfare is at issue, the court may issue ex parte orders to address the situation. Ex parte orders issued under this section shall remain in full force and effect for no more than ten days or until a hearing is held thereon, whichever is earlier. Anyone who violates such order after service shall be guilty of a Class II misdemeanor. Any interested person that submits an affidavit under this section in bad faith, or submits an affidavit under this section that lacks a factual basis as determined by the court, shall be ordered to pay the opposing party reasonable attorney's fees and costs.
Source
Laws 2011, LB157, § 33.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2602.02 - Guardian or conservator; national criminal history record check; report; waiver by court.

30-2602.02.
Guardian or conservator; national criminal history record check; report; waiver by court.
(1) A person, except for a financial institution as that term is defined in section 8-101.03 or its officers, directors, employees, or agents or a trust company, who has been nominated for appointment as a guardian or conservator shall obtain a national criminal history record check through a process approved by the State Court Administrator and a report of the results and file such report with the court at least ten days prior to the appointment hearing date, unless waived or modified by the court (a) for good cause shown by affidavit filed simultaneously with the petition for appointment or (b) in the event the protected person requests an expedited hearing under section 30-2630.01.
(2) An order appointing a guardian or conservator shall not be signed by the judge until such report has been filed with the court and reviewed by the judge. Such report, or the lack thereof, shall be certified either by affidavit or by obtaining a certified copy of the report. No report or national criminal history record check shall be required by the court upon the application of a petitioner for an emergency temporary guardianship or emergency temporary conservatorship. The court may waive the requirements of this section for good cause shown.
Source
Laws 2011, LB157, § 34;
Laws 2017, LB140, § 151.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2603 - Payment or delivery to minor.

30-2603.
Payment or delivery to minor.
Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding twenty-five thousand dollars per annum, by paying or delivering the money or property to:
(1) The minor, if he or she has attained the age of eighteen years or is married;
(2) Any person having the care and custody of the minor with whom the minor resides;
(3) A guardian of the minor; or
(4) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.
This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. The persons, other than the minor or any financial institution under subdivision (4) of this section, receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums shall be preserved for future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when he or she attains majority. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof.
Source
Laws 1974, LB 354, § 221, UPC § 5-103;
Laws 1992, LB 1000, § 1;
Laws 2006, LB 1115, § 27.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2604 - Delegation of powers by parent or guardian.

30-2604.
Delegation of powers by parent or guardian.
A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his or her powers regarding care, custody, or property of the minor child or ward, except his or her power to consent to marriage or adoption of a minor ward. A parent or guardian of a minor who is at least eighteen years of age and who is not a ward of the state, by a properly executed power of attorney, may delegate to such minor, for a period not exceeding one year, the parent's or guardian's power to consent to such minor's own health care and medical treatment.
Source
Laws 1974, LB 354, § 222, UPC § 5-104;
Laws 2010, LB226, § 1.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2605 - Status of guardian of minor; general.

30-2605.
Status of guardian of minor; general.
A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
Source
Laws 1974, LB 354, § 223, UPC § 5-201.
Cross References
Guardian ad litem, appointment, see section 43-272.01.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2606 - Testamentary appointment of guardian of minor; notice.

30-2606.
Testamentary appointment of guardian of minor; notice.
The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 30-2607, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if, before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and to the person having his care, or to his nearest adult relation.
Source
Laws 1974, LB 354, § 224, UPC § 5-202.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2607 - Objection by minor of fourteen or older to testamentary appointment.

30-2607.
Objection by minor of fourteen or older to testamentary appointment.
A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee, or any other suitable person.
Source
Laws 1974, LB 354, § 225, UPC § 5-203.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2609 - Court appointment of guardian of minor; venue.

30-2609.
Court appointment of guardian of minor; venue.
The venue for guardianship proceedings for a minor is in the place where the minor resides or is present or where property is located if he is a nonresident of this state.
Source
Laws 1974, LB 354, § 227, UPC § 5-205.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2610 - Court appointment of guardian of minor; qualification; priority of minor's nominee.

30-2610.
Court appointment of guardian of minor; qualification; priority of minor's nominee.
The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor.
Source
Laws 1974, LB 354, § 228, UPC § 5-206.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2611 - Court appointment of guardian of minor; procedure.

30-2611.
Court appointment of guardian of minor; procedure.
(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by section 30-2220 to:
(1) the minor, if he is fourteen or more years of age;
(2) the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition; and
(3) any living parent of the minor.
(b) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of section 30-2608 have been met, and the welfare and best interests of the minor will be served by the requested appointment, it shall make the appointment. In other cases the court may dismiss the proceedings, or make any other disposition of the matter that will best serve the interest of the minor.
(c) If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. In an emergency, the court may appoint a temporary guardian of a minor without notice, pending notice and hearing.
(d) If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen years of age or older.
Source
Laws 1974, LB 354, § 229, UPC § 5-207;
Laws 1978, LB 650, § 20.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2612 - Consent to service by acceptance of appointment; notice.

30-2612.
Consent to service by acceptance of appointment; notice.
By accepting a testamentary or court appointment as guardian, 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. Letters of guardianship must indicate whether the guardian was appointed by will or by court order.
Source
Laws 1974, LB 354, § 230, UPC § 5-208.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2614 - Termination of appointment of guardian; general.

30-2614.
Termination of appointment of guardian; general.
A guardian's authority and responsibility terminates upon the death, resignation or removal of the guardian or upon the minor's death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his obligation to account for funds and assets of his ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
Source
Laws 1974, LB 354, § 232, UPC § 5-210.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2615 - Proceedings subsequent to appointment; venue.

30-2615.
Proceedings subsequent to appointment; venue.
(a) 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) 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 is 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.
Source
Laws 1974, LB 354, § 233, UPC § 5-211.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2617 - Testamentary appointment of guardian for incapacitated person.

30-2617.
Testamentary appointment of guardian for incapacitated person.
(a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to the person having his care or to his nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated if, prior thereto, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority unless it is terminated by the denial of probate in formal proceedings.
(b) The spouse of a married incapacitated person may by will appoint a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to the person having his care or to his nearest adult relative, the guardian files acceptance of appointment in the court in which the will is informally or formally probated. An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by the denial of probate in formal proceedings.
(c) This state shall recognize a testamentary appointment effected by filing acceptance under a will probated at the testator's domicile in another state.
(d) On the filing with the court in which the will was probated of written objection to the appointment by the person for whom a testamentary appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the testamentary nominee or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this part.
Source
Laws 1974, LB 354, § 235, UPC § 5-301.
Cross References
Vulnerable adult, appointment of guardian ad litem, see section 28-387.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2618 - Venue.

30-2618.
Venue.
Unless otherwise provided in the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, the venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present, or where property is located if he or she is a nonresident. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
Source
Laws 1974, LB 354, § 236, UPC § 5-302;
Laws 2011, LB157, § 36.
Cross References
Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, see section 30-3901.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
Annotations
In a guardianship proceeding for a minor, no statute or recognized uniform course of procedure permits a court to assess the fees of an appointed person against a ward's estate, a county, or a petitioner. In re Guardianship & Conservatorship of J.F., 307 Neb. 452, 949 N.W.2d 496 (2020).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-2630 - Protective proceedings.

30-2630.
Protective proceedings.
Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows:
(1) Appointment of a conservator or other protective order may be made in relation to the estate and property affairs of a minor if the court is satisfied by clear and convincing evidence that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by his or her minority, or that funds are needed for his or her support and education and that protection is necessary or desirable to obtain or provide funds.
(2) Appointment of a conservator or other protective order may be made in relation to the estate and property affairs of a person if the court is satisfied by clear and convincing evidence that (i) the person is unable to manage his or her property and property affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, or lack of discretion in managing benefits received from public funds, detention by a foreign power, or disappearance; and (ii) the person has property which will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by him or her and that protection is necessary or desirable to obtain or provide funds.
Source
Laws 1974, LB 354, § 248, UPC § 5-401;
Laws 1982, LB 428, § 12;
Laws 1993, LB 782, § 12.
Annotations
Subsection (2) of this section is neither vague nor overbroad. In re Guardianship and Conservatorship of Sim, 225 Neb. 181, 403 N.W.2d 721 (1987).
One may not have his or her property taken away and placed in the hands of a conservator merely because he or she is aged or infirm or because his or her mind is to some extent impaired by age or disease. In re Estate of Wagner, 220 Neb. 32, 367 N.W.2d 736 (1985).
Record supported finding that an 80-year-old woman was unable by reason of advanced age to manage her property and that it would be wasted or dissipated unless proper management was provided, and thus supported the appointment of a conservator. In re Estate of Oltmer, 214 Neb. 830, 336 N.W.2d 560 (1983).
Facts of case held adequate to show need for appointment of a conservator. In re Estate of Carlson, 214 Neb. 453, 334 N.W.2d 437 (1983).
A court may appoint a conservator in relation to the estate and property affairs of a person when clear and convincing evidence establishes that the person for whom a conservator is sought (1) is unable to manage his or her property and (2) has property which will be wasted or dissipated unless proper management is provided, or if it is necessary or desirable to obtain funds for the support of the person. In re Guardianship & Conservatorship of Hartwig, 11 Neb. App. 526, 656 N.W.2d 268 (2003).
2023 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.
2023 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.