Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 2 - PROGRAM UNIVERSALS › Section 465-2-008 - Protective Payee, Guardian, Conservator, and Power of Attorney

Current through June 17, 2024
008.01
Definitions
Conservator
: A person or
				  corporation appointed by a county court to control and manage the estate,
				  property, and/or other business affairs of a person who, the court has
				  determined, is unable to do so.
Guardian
: A person appointed by a
				  court of competent jurisdiction to control and manage the financial and/or
				  personal affairs of an individual who is found incapacitated and requires
				  continuing care or supervision.
Power of Attorney
: A written
				  authorization for a person to legally act on behalf of another
				  individual.
Protective Payee
: A person assigned
				  to receive the assistance grant for a client because the client has established
				  a pattern of mismanaging his/her grant (see 468 NAC 3-008.04), or whose
				  physical or mental impairment causes inability to manage AABD or SDP payments
				  (see 469 NAC
				  3-007.02B).
008.02
Appointment and Discharge
				of Guardians and Conservators
A petition for guardianship may be filed by any competent
				  person who is able to show cause as to why the individual named needs a
				  guardian. If a conservator is being requested, the individual himself or
				  herself or a person showing good cause files the petition. In either case, the
				  court may -
1. Grant or dismiss the
				petition at its discretion;
2.
				Select the person who is to serve;
3. Issue letters of
				guardianship/conservatorship as evidence of the appointment; or
4. Establish a full or limited guardianship
				at its discretion.
A guardian or conservator may be removed only by court
				  order.
2-008.02A
Duties of Guardians and Conservators
: The court may
				establish a full guardianship which will give the guardian full responsibility
				in all ten areas described in 473 NAC 5-015.11C or may establish a limited
				guardianship if it decides the client only needs assistance in some of these
				areas. A conservatorship gives the conservator responsibility for the estate,
				property, and/or other business affairs of the client.
2-008.02B
Department
				Responsibility
: If an Adult Protective Services (APS), AABD, or
				ADC client is unable to handle his/her finances or personal affairs, the
				appropriate staff, on its own initiative, in cooperation with the individual's
				relatives or friends, may arrange for the appointment of a guardian or
				conservator, power of attorney, or protective payee. See 473 NAC 5-015.11 for
				procedures to follow in Adult Protective Services.
If a guardian is needed and the client has no relatives or
				  friends to act on his/her behalf and best interest, the appropriate staff
				  person may file a petition requesting that a guardian be appointed.
If the court requests its services, the Department shall
				  assist in locating a suitable person to act as guardian or conservator.
While the appointment of a guardian or conservator for a
				  client who needs one is desirable, it is not an eligibility requirement.
				  Assistance may not be suspended or terminated due to the absence of a guardian
				  or conservator.