Drawbacks and Responsibilities
Nebraska law (and the law of other states) provides that a judge can appoint a person to make decisions for someone (a ward) who is unable to do so for himself. A judge can appoint a reliable person to act as Guardian for the ward and his welfare, and a judge can also appoint a reliable person to be Conservator to protect the ward's property.
Drawbacks of Guardianship and Conservatorship
The difficulty with these establishments is that there are several expenses that must be incurred. The process starts with a fairly involved court proceeding. An unbiased outsider is often appointed by the judge to act as Guardian Ad Litem. The Guardian Ad Litem investigates allegations that are in the petition and makes a report to the judge. The sheriff (or constable) gives the alleged incompetent person a personal notice of the pending court proceedings and delivers a list of rights. After a set period of time, the judge holds a hearing and everyone is given an opportunity to present evidence for and against the appointment of a guardian and conservator.
Additional Responsibilities
The newly appointed guardian and/or conservator must make a report to the court within 90 days of appointment and again at the end of each year. The guardian or conservator cannot give the ward's property to him/herself and cannot be paid for his/her services unless the judge approves it. In order to sell real estate, the conservator must obtain approval from a judge, and ensure that notice has been given to interested parties and that a trial has been conducted.
Although the guardian/conservator is not personally liable for the debts and obligations of the ward, the job does require a very good system of record-keeping and meticulous use of the system. The guardian/conservator is expected to perform at a very high level of honesty and reliability. In order to make sound decisions for the ward's well-being, the guardian/conservator must obtain the advice and assistance of experts in law, accounting, medicine and other professions, depending on the difficulties being faced. However, the cost of such experts is generally properly paid for from the assets or income of the ward.
