This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Nebraska Standby Guardianship Guide
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Multi-State
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US-ADOP6
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FAQ
The standby guardian's authority would take effect, if the minor is left without a remaining parent, upon (1) the death of the parent, (2) the mental incapacity of the parent, or (3) the physical debilitation and consent of the parent.
Guardian: Person(s) appointed by the court to make the personal decisions for the protected person. The guardian may be given authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.
The Office of Public Guardian is designed to serve as the guardian or conservator for an individual when no other alternative is available.
The temporary guardianship lasts for ninety (90) days. During that time, the guardian must complete the necessary background checks and prepare for the hearing on permanent guardianship. These include a criminal background check, abuse and neglect registry check, sex offender registry check, and a credit report.
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.
The appointment of a guardian under this subsection does not suspend or terminate the parent's parental rights of custody to the minor.
Medical records or an affidavit from the ward's physician must be obtained in order to establish that a person is incapacitated and in need of a guardian. For a minor child, the fact of their minority age typically establishes such a need without the need for further medical evidence.
As of , the average hourly pay for a Public Guardian in Nebraska is $52.74 an hour.