Neb. Sup. Ct. R. 6-1443

As amended through October 23, 2024

Section 6-1443 - Conservator/guardian Letters

(A) Prior to being issued Letters, the guardian or conservator shall file an acceptance and the following with the court unless waived by the court for good cause shown:

(1) address information form, general information form, inventory with an affidavit of due diligence, personal and financial information form and a bond if required; and

(2) financial institution receipt of orders form showing that the order appointing him or her as guardian or conservator was provided to each financial institution in which the ward, protected person, or minor has an account/assets;

(B) After the guardian or conservator has been issued Letters, the guardian or conservator shall file with the court a financial institution receipt of letters form showing that Letters have been provided to each financial institution in which the ward, protected person, or minor has an account/assets. This form shall be filed with the court within 30 days of the Letters being issued. Failure to file the form shall result in suspension of authority.

(C) Language expressly limiting powers shall be included on all Letters of guardian/conservator in the following language: "Except as provided in § 6-1437, you shall not pay yourself or your attorney compensation from the assets or income of your ward, nor sell real property of the estate, without first obtaining an order therefor, after an application, notice to the interested persons, and hearing thereon. The order may be entered ex parte if all interested persons have waived notice of hearing or have executed their written consent to the fee."

At the same time the annual accounting is filed with the court, the guardian/conservator shall file with the court an application for payment of the previous year's fees to the attorney and to the guardian/conservator. The specific amount of the fees requested shall be set out in the application.

(D) The filing requirements of the guardian/conservator shall be included on all Letters of guardianship/conservatorship.

The language on the Letters should be as follows for a conservatorship:

You are further directed to file a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

For a guardianship:

You are further directed to file an annual report of guardian report, a complete accounting of your administration of this estate, if you have possession of the estate or are representative payee, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later 1 year and 30 days after the date of appointment and annually thereafter. If you are filing an accounting, the accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

For a guardianship and conservatorship:

You are further directed to file an annual report of guardian report and a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

(E) Guardians/Conservators shall not make ATM withdrawals or receive cash back on a debit transaction on a ward's or protected person's bank account without first receiving a court order to do so. The following language shall be included on all Letters:

No cash withdrawals or cash back without court order. The Office of Public Guardian is prohibited from making cash withdrawals or receiving cash back.

(F) The court shall order guardians/conservators to file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property. The following language shall be included on all Letters.

Guardians/conservators shall file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property, wherever located, within a reasonable time.

Neb. Sup. Ct. R. 6-1443

Rule 43 amended November 1988. Renumbered and codified as § 6-1443, effective July 18, 2008; § 6-1443 amended August 31, 2011, effective January 1, 2012; § 6-1443(A) amended May 23, 2013, effective September 1, 2013; § 6-1443(D) amended August 28, 2013, effective September 1, 2013; § 6-1443(A), (B), (D), and (E) amended September 10, 2015; amended November 13, 2019, effective 11/13/2019.