A Lincoln family sits across the table from a court-appointed guardian who already manages twenty-two other wards. They have not spoken with him in four months, and the last time they called his office to ask about their mother’s care plan, no one called back. Before LB985, Nebraska did not set a statutory cap on the number of wards a private guardian could serve, and the Probate Code did not require documented quarterly personal contact.
Nebraska guardianship law changes in 2026 address both gaps. Legislative Bill 985, approved by the Governor on April 14, 2026, rewrites several sections of the Nebraska Probate Code governing guardianships and conservatorships. For Omaha-area families with an aging parent, a disabled adult child, or a relative already under guardianship, the changes affect how much attention a guardian owes a ward, what happens at a hearing, and how legal fees get paid when something goes wrong.
Nebraska Guardianship Law Changes 2026: What Does LB985 Actually Change?
LB985 adds a twenty-person cap on private guardians and conservators, requires documented quarterly contact with each ward, gives wards the right to attend hearings virtually or in person, and authorizes courts to award attorney fees in guardianship and conservatorship proceedings.
LB985 amends Neb. Rev. Stat. §§ 30-2201, 30-2619, 30-2623, 30-2628, 30-2636, and 30-2655, the core provisions of the Nebraska Probate Code governing guardianship and conservatorship proceedings, and adds a new fee-shifting section, now codified at Neb. Rev. Stat. § 30-2602.03. The bill passed the Legislature unanimously and was introduced by Senator Wendy DeBoer. Four changes matter most for families dealing with an existing or upcoming guardianship.
A Twenty-Ward Cap on Private Guardians and Conservators
Amended § 30-2628 now bars a private individual from accepting a permanent guardianship if that person already serves as permanent guardian or conservator for twenty or more individuals. A matching cap applies to conservators under § 30-2655. Temporary guardianships and conservatorships do not count against the limit, and the cap does not apply to a corporate fiduciary serving as conservator. Before this change, Nebraska had no statutory ceiling on caseload for a private guardian.
Mandatory Quarterly Contact and Written Monitoring Records
The amended § 30-2628 requires a guardian to monitor the ward and the ward’s care, with quarterly personal contact as the floor, whether in person or virtually, and a written record of each visit. If a guardian cannot reach a ward, the guardian must document the attempted contact for the court. A court may modify or waive this requirement on the guardian’s request, The default is now a documented quarterly check, with waiver or modification available only by court order on the guardian’s request.
A Right to Attend Hearings Virtually or in Person
Amended §§ 30-2619 and 30-2636 give the person alleged to be incapacitated, and the minor or person to be protected in a conservatorship proceeding, the right to attend each hearing relating to their own case, in person or virtually. The guardian is also required under the amended § 30-2628 to make reasonable efforts to provide the ward the ability to attend. For a ward with mobility limitations or a placement far from the courthouse, the virtual option can reduce a practical barrier to participation.
Court Authority to Award Attorney Fees
A new section of the Nebraska Probate Code, now codified at Neb. Rev. Stat. § 30-2602.03, gives the court authority, in any judicial proceeding involving the appointment of a guardian or conservator, the administration of a guardianship or conservatorship, or an accounting, to award costs and expenses, including reasonable attorney fees, to any party, payable by another party or from the trust that is the subject of the controversy, as justice and equity require. This gives interested family members a realistic path to raise legitimate concerns about a guardian’s conduct without necessarily bearing the full cost of litigation themselves.
What Should an Omaha-Area Family With an Existing Guardianship Do Now?
LB985 contains no language addressing guardianship orders entered before it took effect, so families should review upcoming hearings, new appointments, and guardian monitoring duties under the amended Probate Code with counsel. Families with a relative under guardianship or conservatorship in Douglas, Sarpy, or any Nebraska county should:
- Ask the guardian directly how many other wards or protected persons they currently serve, since the twenty-person cap limits new permanent appointments
- Request the guardian’s written quarterly contact records, which the guardian is now required to keep
- Confirm the ward’s right to attend upcoming hearings, including by video, and raise it with the court if the guardian has not arranged it
- Consider whether a pattern of inattentive guardianship now supports a petition for removal, given the clearer monitoring standard the amended statute sets
A contested petition to remove a guardian, or a dispute over whether a guardian’s monitoring met the new statutory floor, is litigation conducted in county court under the Probate Code, and the new fee-shifting provision changes the calculus for families who previously hesitated to raise a concern because of the cost of doing so.
Does LB985 Change Who Can Be Appointed Guardian in the First Place?
The bill does not change the initial petition process under § 30-2619 beyond adding the virtual-attendance right and related procedural updates. A family member, a friend, or a professional guardian can still petition for appointment, and the court still applies the clear and convincing evidence standard in Neb. Rev. Stat. § 30-2620 before appointing a guardian. What changes is what happens after appointment, how closely the guardian is required to stay involved, how visible the proceeding is to the ward, and what recourse an interested party has if a guardian is not meeting the new standard.
Frequently Asked Questions
Does the twenty-ward cap apply retroactively to guardians already serving more than twenty wards?
The cap bars a private individual from accepting a new permanent guardianship appointment while already serving twenty or more wards. It governs new appointments rather than automatically unseating a guardian already serving more than twenty wards under appointments made before the cap took effect, though a pattern of an overloaded caseload can support a separate petition to remove a guardian who is not meeting the monitoring standard.
What counts as a “temporary” guardianship that does not count toward the twenty-person limit?
Nebraska’s Probate Code treats temporary guardianships, typically appointed for a limited period to address an immediate need before a full hearing, differently from permanent appointments. The amended statute excludes temporary guardianships and conservatorships from the twenty-person cap by name.
Can our family request attorney fees if we have to go to court over a guardian’s conduct?
The new fee-shifting provision gives the court discretion to award costs and reasonable attorney fees to any party in a guardianship or conservatorship proceeding, payable by another party or from the trust at issue, as justice and equity require. The court has discretion, and the facts of the specific dispute will drive the outcome.
Does our relative have to attend every hearing in person now?
No. The amended statute gives the person the right to attend virtually or in person, and the guardian must make reasonable efforts to provide that ability. The ward is not required to attend, but the choice is now explicitly theirs, with a practical virtual option where attending the courthouse is difficult.
Who does the twenty-person cap not apply to?
A corporate entity serving as conservator is excluded from the cap under the amended statute. The cap is aimed specifically at individual private guardians and conservators taking on caseloads beyond what quarterly monitoring and genuine attention can support.
Guardianship and conservatorship decisions affect a vulnerable family member’s daily life and finances, and LB985 gives Nebraska families clearer tools to hold a guardian accountable. If you have questions about setting up a guardianship, reviewing an existing one, or raising concerns about a guardian’s conduct in Omaha or anywhere in Nebraska, Horgan Law LLC can help, including in matters that also touch family law concerns over an incapacitated relative’s care. Contact us at 402-965-0652 or visit horganlawfirm.com/contact-us.
This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship with Horgan Law LLC. If you need advice specific to your situation, contact us for a consultation.