§ 6-1433.01.Public Guardian nomination procedures.

Article 14: Uniform County Court Rules of Practice and Procedure · Last amended September 10, 2015 · Last verified July 22, 2026

In one sentenceThis rule lays out the notice, caseload-capacity verification, and visitor or guardian ad litem review that a Nebraska county court must complete before appointing the Office of Public Guardian as a guardian or conservator, including the required findings and timing for that appointment.

Full Text of § 6-1433.01

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J)

(A) The individual filing the petition/application to appoint the Public Guardian shall provide notice of the nomination to the Office of Public Guardian. Notice shall be given on a separate form approved by the State Court Administrator’s Office.

(B) Upon receiving notice of nomination, the Office of Public Guardian shall file with the court, within 14 days: (1) an acknowledgment of nomination and (2) verification of caseload capacity subject to statutory requirements of the Public Guardianship Act.

(C) If the Office of Public Guardian is unable to accept the nomination due to its caseload capacity status, good cause shall be presumed to exist to deny its appointment. The appearance of the Office of Public Guardian shall no longer be required.

(D) The court shall appoint a visitor consistent with Neb. Rev. Stat. § 30-2619.01, or a guardian ad litem pursuant to Neb. Rev. Stat. § 30-2222(4), within 10 judicial days of the filing of acknowledgment and caseload capacity verification by the Office of Public Guardian if the verification shows the Office of Public Guardian has capacity to take the case. If the acknowledgment and caseload capacity verification shows the Office of Public Guardian does not have capacity to take the case, the court may request the case be placed on the Office of Public Guardian waiting list. If the court requests the case be placed on the Office of Public Guardian waiting list, the court shall appoint a visitor consistent with Neb. Rev. Stat. § 30-2619.01, or a guardian ad litem pursuant to Neb. Rev. Stat. § 30-2222(4), within 10 judicial days of the request to place the case on the Office of Public Guardian waiting list.

(E) The visitor or guardian ad litem report shall comply with Neb. Rev. Stat. § 30-2619.03, and to assist the Office of Public Guardian fulfill its duties mandated by the Public Guardianship Act, the report will include a standard form approved by the State Court Administrator’s Office to include information required by Neb. Rev. Stat. § 30-2619.01.

(F) The Office of Public Guardian shall have 10 judicial days to file responses to the visitor or guardian ad litem report.

(G) Once the Office of Public Guardian receives the visitor report, it shall file another verification of caseload capacity within five judicial days. If the visitor or guardian ad litem report shows that there is no one other than the Office of Public Guardian to serve as guardian and/or conservator and if the Office of Public Guardian has capacity to take the case, then the Office of Public Guardian shall not accept any additional appointments which would in the interim cause its capacity to be exceeded before final determination is made by the court as to its appointment.

(H) Unless otherwise ordered by the court, hearing on the petition for appointment of the Office of Public Guardian shall not take place less than 60 days but no more than 90 days from the filing of nomination.

(I) In addition to the statutory requirements, in the order to appoint the Office of Public Guardian as a guardian or conservator, the order of appointment shall also provide:

(1) Proper notice has been given to the Office of Public Guardian;

(2) The petitioner has acted in good faith and due diligence to identify a guardian or conservator who would serve in the best interest of the alleged incapacitated person;

(3) The appointment of the Office of Public Guardian is necessary and does not exceed the caseload limitations as set forth by statute;

(4) That the visitor or guardian ad litem report has provided supporting evidence that no person is available for appointment as guardian or conservator, all options available to support the individual in the least restrictive manner possible has been explored, and guardianship is a last resort; and

(5) There is no other alternative than to appoint the Office of Public Guardian.

(J) When the Office of Public Guardian has no available caseload capacity to assume the duties of guardian and conservator at the time of the appointment, the court may order that the case be placed on the waiting list, as provided by the Office of Public Guardian, if the court finds:

(1) Proper notice was given to the Office of Public Guardian;

(2) The petitioner has acted in good faith and due diligence to identify a guardian or conservator who would serve in the best interest of the alleged incapacitated person;

(3) The appointment of the Office of Public Guardian would be necessary, but that no current caseload capacity exists to serve the individual by the Office of Public Guardian, as set forth by statute; and

(4) That the visitor or guardian ad litem report as outlined in these procedures has been completed and supports the appointment of the Office of Public Guardian, but for the lack of capacity by the Office of Public Guardian, all options available to support the individual in the least restrictive manner possible has been explored, and the guardianship is a last resort.

End

Amendment History

§ 6-1433.01 adopted September 10, 2015.

Plain-English Summary

The Office of Public Guardian exists as a guardian and conservator of last resort, and § 6-1433.01 makes sure a county court treats it that way. Once someone names the Office of Public Guardian in a petition or application, the person filing that petition must give the office notice on a form the State Court Administrator’s Office approves. From there the office has 14 days to tell the court two things: that it acknowledges the nomination, and whether its caseload has room to take the case. If it does not have room, good cause is presumed to exist to deny the appointment, and the office no longer has to keep appearing in the case.

When the office does have capacity, the court still cannot appoint it on the strength of that acknowledgment alone. Within 10 judicial days the court must appoint a visitor or a guardian ad litem, who investigates independently and files a report addressing whether anyone other than the Office of Public Guardian is available to serve, whether less restrictive options have been explored, and whether guardianship is truly a last resort. The office gets a window to respond to that report, and once it does, it files a second capacity verification and, if the report shows no one else can serve, holds its remaining caseload open so the appointment does not get crowded out before the court rules.

The hearing on the office’s appointment cannot happen sooner than 60 days or later than 90 days after the nomination is filed, unless the court orders otherwise. And the order appointing the office has to say more than “appointed” — it must find that notice was proper, that the petitioner acted in good faith and due diligence to find a private guardian or conservator, that the appointment stays within the office’s caseload limits, and that the visitor’s or guardian ad litem’s report supports the conclusion that no one else is available. If the office has no room to take the case right now, the court can instead place the case on the office’s waiting list, but only after making a parallel set of findings that the appointment is otherwise warranted and that guardianship remains a last resort.

Frequently Asked Questions

Who has to notify the Office of Public Guardian that it has been nominated?

The person filing the petition or application that names the Office of Public Guardian as proposed guardian or conservator must give it notice, on a form approved by the State Court Administrator’s Office.

What happens if the Office of Public Guardian does not have room on its caseload for a new case?

Good cause is presumed to exist to deny the appointment, and the office no longer needs to keep appearing in the case once it files that caseload capacity verification.

Does a visitor or guardian ad litem get involved before the Office of Public Guardian is appointed?

Yes. The court appoints one within 10 judicial days of the office’s acknowledgment and capacity verification, and that person’s report has to address whether anyone other than the office is available to serve and whether guardianship is truly a last resort.

How soon after the nomination is filed can the court hold the appointment hearing?

Unless the court orders otherwise, the hearing cannot take place sooner than 60 days or later than 90 days after the nomination is filed.

Can the court put a case on the Office of Public Guardian’s waiting list instead of appointing it right away?

Yes, if the office currently lacks caseload capacity. The court can request the case be placed on the waiting list, but only after finding proper notice was given, the petitioner acted in good faith and due diligence, and the visitor or guardian ad litem report supports the appointment except for the office’s lack of capacity.

What must the order appointing the Office of Public Guardian say?

Beyond the statutory requirements, it must find that notice was proper, that the petitioner searched in good faith for another guardian or conservator, that the appointment does not exceed the office’s caseload limits, and that the visitor or guardian ad litem report supports the conclusion that no other person is available and guardianship is a last resort.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source

Also known as: nominating the public guardian nebraskaoffice of public guardian caseload capacitypublic guardian waiting listguardian ad litem for public guardian nominationvisitor report before public guardian appointmenthow long before public guardian hearing