Nebraska Statutes 30-4203. Guardian ad litem; duties; powers
(1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall:
Terms Used In Nebraska Statutes 30-4203
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Probate: Proving a will
(a) Consult with the person for whom he or she has been appointed within two weeks after the appointment for such person and make every reasonable effort to become familiar with the condition of such person;
(b) Investigate, gather information regarding, and make an assessment of the condition of such person and report to the court the condition of such person;
(c) Advocate for the best interests of such person;
(d) Be present at all hearings before the court regarding such person unless expressly excused by the court;
(e) Inquire of others directly involved with such person as to such person’s condition, including, but not limited to, any physician, psychologist, care provider, clergy member, financial institution, corporation, business entity, or other person with which such person has done or is doing business; and
(f) Defend the social, economic, and safety interests of such person. For purposes of this subdivision, (i) social interest means the logical and practical expectations a person has who is the object of a guardianship, conservatorship, or other protective proceeding based on the guardian ad litem’s objective and independent assessment of the person’s situation, including economic, social, mental, physical, emotional, and other relevant factors, (ii) economic interest means what a reasonable person would consider to be prudent given the situation of the person who is the object of the guardianship, conservatorship, or other protective proceeding, and (iii) safety interest means what a reasonable person would consider safe given the mental, physical, and emotional situation of the person who is the object of a guardianship, conservatorship or other protective proceeding.
(2) A guardian ad litem appointed pursuant to the Nebraska Probate Code may:
(a) Conduct discovery, present witnesses, cross-examine witnesses, present other evidence, file motions, and appeal any decisions regarding the person for whom he or she has been appointed;
(b) Enter into stipulations and agreements concerning such person in the guardianship, conservatorship, or other protective proceeding deemed by the guardian ad litem to be in such person’s best interests;
(c) Request, at any time after the filing of a petition in a guardianship, conservatorship, or other protective proceeding, that the court order a medical, psychological, geriatric, or other evaluation of the person who is the subject of the guardianship, conservatorship, or other protective proceeding to determine the condition and extent of impairment, if any, of the person who is the subject of the guardianship, conservatorship, or other protective proceeding; and
(d) Have access to any report which resulted from any evaluation ordered by the court and which was used for evaluating the status of the person who is the subject of the guardianship, conservatorship, or other protective proceeding.