Detailed Answer

Under Nebraska law, the authority to make personal decisions for an incapacitated person (called a guardian of the person) is legally separate from the authority to manage that person’s money and property (often called a guardian of the estate or conservator). Being appointed guardian of the person does not automatically give you power over the ward’s estate. A separate court appointment is required to act as guardian of the estate unless the court’s order expressly grants both sets of powers.

Nebraska’s guardianship and conservatorship rules are found in the Nebraska Revised Statutes governing probate, guardians and conservators. See the Nebraska statutes for guardianship and conservatorship for the full statutory framework: Neb. Rev. Stat., Chapter 30 (Probate and Guardianship provisions).

What each role covers

Guardian of the person: Responsible for the ward’s daily life decisions—medical care, living arrangements, schooling (for minors), personal care, and similar nonfinancial matters.
Guardian of the estate (conservator): Responsible for managing the ward’s finances—paying bills, collecting income, protecting assets, filing inventories and accountings with the court, and making court-authorized transactions involving property.

How you get a separate appointment

If you need authority to manage money or property, you must ask the court for a separate appointment (or ask the court at the same time for appointment to both roles). The typical steps include:

File a petition asking the court to appoint a guardian of the estate (or to appoint you to both roles).
Provide required notices to the proposed ward and interested parties.
Attend a hearing where the court will consider the ward’s capacity and whether appointment is in the ward’s best interests.
If the court appoints you, you will receive letters or an order describing the scope of your authority and any conditions (bond, reporting, restrictions).

Exact procedural requirements, timelines, bond requirements and reporting obligations are set by statute and court rule. See the Nebraska statutes for details: Neb. Rev. Stat., Chapter 30.

When the court may appoint the same person to both roles

The court may appoint the same individual to serve as guardian of the person and guardian of the estate if doing so serves the ward’s best interests and does not create a conflict. In practice, courts often appoint the same family member to both roles when appropriate. However, if the court has concerns about conflicts of interest, the person’s ability to manage finances, or asset protection, it may appoint different people for each role.

Key duties and limits for a guardian of the estate

Act as a fiduciary: put the ward’s interests ahead of your own.
Keep separate financial records and avoid commingling funds.
File inventories and periodic accountings with the court as required.
Seek court approval for major transactions (sales of real estate, gifts, or unusual transfers) when required by statute or court order.
Post bond if the court requires it to protect the ward’s assets.

These duties and limits come from Nebraska law and court practice; review the statutory provisions and local court rules before acting.

Common scenarios and practical guidance

Example 1 (common): A court appoints you guardian of the person for an elderly relative. The relative can no longer manage day-to-day medical decisions but still signs checks and handles bank accounts. To pay bills from the relative’s accounts or to change ownership of property, you will need a separate appointment as guardian of the estate.

Example 2 (combined appointment): You petition the court asking to be appointed both guardian of the person and guardian of the estate. If the court finds you suitable and the appointment is in the ward’s best interest, the court can grant both roles in the same order.

When you might not need a guardianship of the estate

The ward executed a valid durable power of attorney that grants someone authority to manage finances while the ward is incapacitated.
The Social Security Administration or another agency can appoint a representative payee for benefit payments.
Smaller, emergency expenditures (caretaking costs) may be authorized by the court or by limited statutory authority—check local rules.

Helpful Hints

Before acting on finances, confirm in writing whether your court order includes estate-management authority.
If your order does not include estate powers, file a petition for appointment as guardian of the estate as soon as you need to manage money or property.
Keep detailed records of every transaction, keep estate funds in separate accounts, and avoid any appearance of self-dealing.
Ask the court about bond requirements—some guardians must post a bond to protect the ward’s assets.
Get court approval before selling real estate or making major financial decisions unless the order expressly grants that authority.
Consider less-restrictive alternatives first (durable power of attorney, joint accounts, representative payee) if appropriate.
Consult a Nebraska attorney experienced in guardianship and probate before petitioning or acting—this area involves strict fiduciary duties and court supervision.

Resources: Review the Nebraska statutes on probate, guardianship, and conservatorship for exact procedural and fiduciary rules: Neb. Rev. Stat., Chapter 30. For local procedures, contact the county probate or district court where the ward lives.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. If you need legal advice about guardianship or managing someone’s estate in Nebraska, consult a licensed Nebraska attorney.