PETITION FOR APPOINTMENT OF GUARDIAN

(In the Matter of the Guardianship of [WARD FULL LEGAL NAME])

[County] County Court, Nebraska │ Case No. _______

TABLE OF CONTENTS

1. Document Header .................................................... 2
2. Definitions ........................................................ 3
3. Operative Provisions ............................................... 4
4. Representations & Warranties ....................................... 6
5. Covenants & Restrictions ........................................... 7
6. Default & Remedies ................................................. 8
7. Risk Allocation .................................................... 9
8. Dispute Resolution ................................................. 9
9. General Provisions .................................................10
10. Execution Block ...................................................11

[// GUIDANCE: Section numbers auto-update when editing in most word processors. Verify cross-references before filing.]

1. DOCUMENT HEADER

1.1 Title & Parties Identification

Petitioner: [PETITIONER FULL LEGAL NAME], [relationship to Ward or “Professional Guardian”], residing at [ADDRESS].
Ward: [WARD FULL LEGAL NAME], [“a Minor, age [AGE]” / “an Incapacitated Adult, DOB [DATE]”].
Interested Persons: [List all known interested persons as defined in § 30-2601, incl. parents, spouse, adult children, etc.].

1.2 Recitals

A. Petitioner seeks appointment as Guardian pursuant to Neb. Rev. Stat. § 30-2601 et seq. (Nebraska Uniform Guardianship and Protective Proceedings Act).
B. The Ward is in need of a guardian because [brief factual basis—e.g., “the Ward is unable to provide for personal care due to” medical condition / minority].
C. Venue is proper in this Court because the Ward resides or is present in [COUNTY] County, Nebraska.
D. Petitioner is willing and qualified to serve and will post any bond the Court requires.

1.3 Effective Date

This Petition is effective upon filing with the Clerk of the County Court of [COUNTY] County, Nebraska.

1.4 Jurisdiction & Venue

Governing Law: Nebraska State Guardianship Law (Neb. Rev. Stat. § 30-2601 et seq.).
Forum: Exclusive jurisdiction in the County Court, sitting as a probate court.
[// GUIDANCE: Nebraska probate courts do not employ juries for guardianship matters; omit jury-trial language.]

2. DEFINITIONS

For purposes of this Petition, the following terms have the meanings set forth below. All capitalized terms used but not defined herein have the meanings ascribed to them under Nebraska guardianship statutes.

“Annual Report” means the yearly report of the Ward’s condition and the Guardian’s administration required by Neb. Rev. Stat. § 30-2628(2).
“Bond” means the surety obligation required under Neb. Rev. Stat. § 30-2640 or as otherwise ordered.
“Court” means the County Court of [COUNTY] County, Nebraska.
“Guardian” means the individual appointed by the Court to exercise powers over the person of the Ward.
“Interested Person” has the meaning given in Neb. Rev. Stat. § 30-2601.
“Letters” means the Letters of Guardianship issued by the Clerk of the Court upon qualification and posting of any required Bond.
“Ward” means the individual for whom a guardianship is sought in this proceeding.

3. OPERATIVE PROVISIONS

3.1 Relief Requested

Petitioner prays that:
a. The Court adjudicate the Ward to be in need of a [☐ Full / ☐ Limited] guardianship;
b. [PETITIONER NAME] be appointed Guardian of the Ward;
c. Letters be issued to Petitioner upon qualification; and
d. Such other and further relief be granted as justice requires.

3.2 Type & Scope of Guardianship

1. Full Guardianship. Petitioner requests authority over all personal, medical, residential, and educational decisions for the Ward; or
2. Limited Guardianship. Authority limited to the following domains: [SPECIFY].
   [// GUIDANCE: Strike the inapplicable option. Nebraska favors the least-restrictive alternative.]

3.3 Bond Requirement

1. Initial Bond. Petitioner proposes a Bond in the penal sum of $[AMOUNT] secured by [☐ Surety / ☐ Personal Recognizance] as required under Neb. Rev. Stat. § 30-2640.
2. Bond Increase/Reduction. Upon showing of changed circumstances, any Interested Person or the Guardian may move to adjust Bond.
3. Waiver. If all Interested Persons waive Bond and the Court so orders, Bond may be excused.
   [// GUIDANCE: Nebraska courts rarely waive bond unless assets are minimal or held under restricted account.]

3.4 Powers & Duties of Guardian

Subject to Court oversight and Nebraska law, the Guardian shall:
a. Make informed decisions regarding the Ward’s support, care, health, education, and residence;
b. Provide for the Ward’s personal effects and expend income and assets for the Ward’s benefit;
c. Consent to medical or other professional care;
d. Promote the Ward’s independence and participation in decisions;
e. Prepare and file the Annual Report and any interim reports ordered by the Court; and
f. Notify the Court of any change of address within ten (10) days.

3.5 Conditions Precedent

Issuance of Letters is conditioned upon:
a. Proof of service of notice on all Interested Persons;
b. Filing of an acceptance of appointment by the Guardian;
c. Posting of the required Bond; and
d. Completion of any Court-mandated guardian education program.

4. REPRESENTATIONS & WARRANTIES

Petitioner represents and warrants to the Court that:
4.1 Capacity. Petitioner is at least nineteen (19) years of age, of sound mind, and not under any legal incapacity.
4.2 Criminal History. Petitioner has not been convicted of a felony or any offense involving dishonesty, breach of fiduciary duty, or moral turpitude, except as disclosed in Schedule 4.2 attached hereto.
4.3 No Conflict of Interest. Petitioner has no interests adverse to the Ward, except as disclosed in Schedule 4.3.
4.4 Fiduciary Commitment. Petitioner will discharge all duties with the utmost good faith, loyalty, and prudence.
4.5 Accuracy of Information. All statements in this Petition are true and complete to the best of Petitioner’s knowledge, information, and belief.

Survival. These representations survive appointment and remain in effect until the Guardian is discharged.

5. COVENANTS & RESTRICTIONS

5.1 Compliance With Law. Guardian shall comply with all applicable provisions of Neb. Rev. Stat. § 30-2601 et seq. and any local court rules.
5.2 Reporting. Guardian shall:
a. File the initial inventory within thirty (30) days of appointment;
b. File the Annual Report on or before the anniversary date of appointment; and
c. Provide copies of each report to all Interested Persons upon request.
5.3 Notice of Material Events. Guardian shall notify the Court and Interested Persons within ten (10) days of (i) the Ward’s death, (ii) any significant deterioration or improvement in the Ward’s condition, or (iii) Guardian’s intent to resign.
5.4 Restrictions on Delegation. Guardian shall not delegate core fiduciary duties without prior Court approval.
5.5 Court Monitoring. Guardian shall submit to interviews, audits, and home studies as the Court deems necessary.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Failure to file required reports;
b. Misapplication or misappropriation of the Ward’s funds;
c. Failure to maintain required Bond;
d. Violation of any Court order.
6.2 Notice & Cure. The Court or any Interested Person may serve written notice specifying the default. Guardian shall have fifteen (15) days to cure unless the Court orders otherwise.
6.3 Remedies. Upon uncured default, the Court may:
a. Suspend or remove the Guardian;
b. Demand an accounting;
c. Call the Bond;
d. Enter monetary judgment against the Guardian; and/or
e. Refer the matter for criminal prosecution.
6.4 Attorney Fees. The Court may surcharge the Guardian personally for reasonable attorney fees and costs incurred due to the Guardian’s default.

7. RISK ALLOCATION

7.1 Fiduciary Liability. Guardian is a fiduciary and shall be personally liable for willful misconduct, gross negligence, or breach of fiduciary duty.
7.2 Bond as Liability Cap. Except for willful misconduct or gross negligence, Guardian’s monetary liability is capped at the penal sum of the Bond posted.
7.3 Indemnification from Estate. To the extent permitted by law and approved by the Court, Guardian may be indemnified from the Ward’s estate for reasonable expenses incurred in good-faith performance of duties.
[// GUIDANCE: Nebraska courts scrutinize indemnity provisions; always seek specific Court approval before reimbursement.]

8. DISPUTE RESOLUTION

8.1 Governing Law. This matter is governed exclusively by Nebraska law, including Neb. Rev. Stat. § 30-2601 et seq.
8.2 Forum Selection. All proceedings shall be heard in the County Court of [COUNTY] County, Nebraska.
8.3 Arbitration. Not applicable; probate jurisdiction is non-arbitrable.
8.4 Injunctive Relief. The Court retains authority to issue temporary or permanent protective orders as necessary for the Ward’s welfare.

9. GENERAL PROVISIONS

9.1 Amendments. Any amendment to this guardianship must be made by further order of this Court.
9.2 Assignment. Guardianship duties are personal and non-delegable without Court approval.
9.3 Severability. If any provision of the Court’s order is held invalid, the remaining provisions remain in full force.
9.4 Integration. Upon entry of Letters, all prior orders relating to the Ward’s guardianship are superseded except as expressly incorporated.
9.5 Electronic Signatures. The Court may accept electronically signed filings consistent with Nebraska Supreme Court Rules for Electronic Filing.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[PETITIONER NAME]
Petitioner

[ATTORNEY NAME], # [BAR NO.]
Attorney for Petitioner
[FIRM NAME]
[ADDRESS]
[PHONE] │ [EMAIL]

VERIFICATION

I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and complete to the best of my knowledge, information, and belief.

[PETITIONER NAME]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

[// GUIDANCE:

1. Attach required forms—e.g., Confidential Information Sheet, Criminal History Check request, and Notice of Hearing.
2. Serve notice in the manner prescribed by Nebraska Court Rule § 6-1441 (personal service or certified mail) at least 14 days before the hearing.
3. File proof of service and Guardian’s Acceptance before the hearing date.
4. Confirm whether the county requires completion of the “Guardianship/Conservatorship Education Course” before Letters will issue.
5. Update dollar thresholds and deadlines annually; verify local rules for any county-specific variations. ]