Standby Guardianship - Nebraska

Date: June 2018

Who Can Nominate a Standby Guardian

Citation: Rev. Stat. § 30-2608

The court may appoint a standby guardian for a minor whose parent is chronically ill or near death.

The court may appoint a guardian for a minor if all parental rights of custody have been terminated or suspended by prior or current circumstances or prior court order.

How to Establish a Standby Guardian

Citation: Rev. Stat. §§ 30-2608; 30-2610

A petition must be filed and a hearing held before the court to appoint a guardian.

The court shall appoint a person nominated by a minor who is age 14 or older, unless the court finds that the appointment is contrary to the minor's best interests.

How Standby Authority is Activated

Citation: Rev. Stat. § 30-2608

The standby guardian's authority may take effect, if the minor is left without a remaining parent, upon:

  • The death of the parent
  • The mental incapacity of the parent
  • The physical debilitation and consent of the parent

Involvement of the Noncustodial Parent

Citation: Rev. Stat. § 30-2608

A parent is preferred as a guardian.

For a child born out of wedlock, the court also considers the following:

  • The wishes of the deceased parent, as stated in a will
  • The surviving parent's acknowledgment of paternity, payment of child support, and fitness as a parent

Authority Relationship of the Parent and the Standby

Citation: Rev. Stat. § 30-2608

An appointment of a standby guardian does not suspend or terminate a parent's parental rights.

Withdrawing Guardianship

Citation: Rev. Stat. § 30-2614

A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.

Related Resources