Conservator: A person or corporation appointed by a county court to control and manage the estate, property, and/or other business affairs of a person who, the court has determined, is unable to do so.
Guardian: A person appointed by a court of competent jurisdiction to control and manage the financial and/or personal affairs of an individual who is found incapacitated and requires continuing care or supervision.
Power of Attorney: A written authorization for a person to legally act on behalf of another individual.
Protective Payee: A person assigned to receive the assistance grant for a client because the client has established a pattern of mismanaging his/her grant (see 468 NAC 3-008.04), or whose physical or mental impairment causes inability to manage AABD or SDP payments (see 469 NAC 3-007.02B).
A petition for guardianship may be filed by any competent person who is able to show cause as to why the individual named needs a guardian. If a conservator is being requested, the individual himself or herself or a person showing good cause files the petition. In either case, the court may -
A guardian or conservator may be removed only by court order.
If a guardian is needed and the client has no relatives or friends to act on his/her behalf and best interest, the appropriate staff person may file a petition requesting that a guardian be appointed.
If the court requests its services, the Department shall assist in locating a suitable person to act as guardian or conservator.
While the appointment of a guardian or conservator for a client who needs one is desirable, it is not an eligibility requirement. Assistance may not be suspended or terminated due to the absence of a guardian or conservator.
A power of attorney may be limited to a single transaction or it may be general, covering several transactions. It is a written authorization entered into voluntarily by the individual giving the power of attorney; the individual must be competent in order to create a valid power of attorney.
A power of attorney may be revoked by the individual to whom it is granted. It may also be terminated by the request, death, disability, or incapacity of the client giving the power of attorney. The power of attorney may remain effective when the adult becomes disabled or incompetent if s/he specifies in the document that the power should continue if disability or incompetence occurs. Caution should be exercised when suggesting this course of action to a client. If a court finds the client was incapacitated at the time s/he gave the power of attorney, the power of attorney may be terminated and all actions transacted under that power of attorney declared null and void. The power of attorney must be notarized when real property is involved.
A Department employee may not have power of attorney for a client.
A request for an employee to act as a guardian or a conservator must be approved by the Director or his/her designee.
Letters of guardianship, or conservatorship are filed in the client's case record. After receipt of the guardianship or conservatorship papers, the worker shall make necessary changes to ensure that assistance payments are made to the guardian or conservator. For guardianship/conservatorship fees, see 469 NAC 3-004.03G.
When the appointment of a guardian or conservator for an assistance recipient, payee, or APS client is initiated by Department of Social Services staff, administrative funds may be used to pay court costs involved. Court costs may include -
See 465-000 -203 for the maximum amounts for attorney fees for appointing a guardian or conservator or closing a guardianship or conservatorship.
The worker shall, whenever possible, encourage relatives, friends, legal services staff, private attorneys as a "pro bono" service, and state and local lawyer referral programs to absorb the court costs and attorney fees.
In APS cases when the client possesses an estate, the worker shall encourage the court to order that the court costs and attorney fees be paid by the estate of the client.
Bills for attorney fees and bonds (along with a copy of letters of guardianship/conservatorship) must be submitted to Finance and Accounting using the appropriate disbursement document.
Department staff may accept appointment to serve in the capacity of a court appointed visitor when:
465 Neb. Admin. Code, ch. 2, § 008