30-4203. Guardian ad litem; duties; powers.

454 words·~2 min read·/ne/chapter-30/30-4203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A guardian ad litem appointed pursuant to the Nebraska Probate Code shall:

(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.