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Code · Nebraska · Chapter 30 — Decedents' Estates; Protection of Persons and Property

30-4204. Right to obtain information; admissible in evidence.

227 words·~1 min read·/ne/chapter-30/30-4204

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

The guardian ad litem may obtain, informally or by subpoena, the following information regarding the person for whom the guardian ad litem has been appointed:
(1)A report from any medical provider, provider of psychological services, law enforcement, adult protective services agency, or financial institution; and
(2)any account or record of any business, corporation, partnership, or other business entity which such person owns or in which such person has an interest. Any material obtained by a guardian ad litem pursuant to this section is admissible in evidence.
In guardianship proceedings, the information specifically described in the first sentence of this section is admissible in evidence at the discretion of the trial court when the proponent shows such information or material
(1)was obtained by the guardian ad litem informally or by subpoena and
(2)is regarding the person for whom the guardian ad litem was appointed. In re Guardianship of Patrick W., 316 Neb. 381, 4 N.W.3d 833 (2024).
This section empowers the guardian ad litem to obtain information as part of his or her investigation and permits for the admissibility of the information so collected. By its plain terms, this section addresses "material obtained by a guardian ad litem" and does not pertain to a report created by a guardian ad litem. In re Guardianship of Jill G., 312 Neb. 108, 977 N.W.2d 913 (2022).
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