Nebraska Revised Statute 30-4104

Chapter 30


Office of Public Guardian; created; Public Guardian; qualifications; duties; multidisciplinary team; members; associate public guardian legal counsel.

(1) The office is created within the judicial branch of government and is directly responsible to the State Court Administrator. The State Court Administrator shall appoint a director of the office who shall be known as the Public Guardian. The Public Guardian shall be an attorney licensed to practice law in Nebraska, shall be hired based on a broad knowledge of human development, intellectual disabilities, sociology, and psychology, and shall have business acuity and experience in public education and volunteer recruitment.

(2) The Public Guardian shall hire a multidisciplinary team of professionals to fulfill the responsibilities of the Public Guardianship Act. The multidisciplinary team shall include a deputy public guardian and may include one or more associate public guardian legal counsel, associate public guardians, administrative personnel, and any other personnel the Public Guardian deems appropriate. In addition, the Public Guardian may hire support staff as required. The multidisciplinary team may include professionals trained in law, health care, social work, education, business, accounting, administration, geriatrics, psychology, or other specialties with experience working with individuals with dementia, developmental disabilities, chronic and acute medical needs, mental health issues, substance abuse, or other conditions that are served by the Public Guardian.

(3) An associate public guardian legal counsel shall be an attorney licensed to practice law in Nebraska. The deputy public guardian shall be an attorney licensed to practice law in Nebraska unless the State Court Administrator directs otherwise.

(4) Legal representation provided by the Public Guardian, deputy public guardian, and associate public guardian legal counsel shall be limited to representing the Public Guardian and his or her designees in the roles and responsibilities of a court-appointed guardian or conservator in accordance with the Public Guardianship Act.

(5) The Public Guardian shall assume all the duties and responsibilities of a guardian and conservator for any individual appointed to his or her supervision and may designate authority to act on his or her behalf to the deputy public guardian, associate public guardian legal counsel, and associate public guardians. The Public Guardian shall administer public guardianship and public conservatorship and shall serve as staff to the council.