LB 453 — Change requirements for background checks for guardians and conservators

LB453 LB453 2025 LEGISLATURELEGISLATIVE OFBILL NEBRASKA453 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor FIRSTMay SESSION20, LEGISLATIVE2025 BILL 453 FINAL READING   Introduced by DeBoer, 10.

Read  firstA timeBILL JanuaryFOR 21,AN 2025ACT Committee:relating to guardians and conservators;

Judiciary A BILL FOR AN ACT relating to guardians and conservators;

Be it enacted by the people of the State of Nebraska, -1- LB453 LB453 2025 Section 1.

-2- LB453 LB453 2025 Sec.

30-262630-2626 (a)(1) (a)(1) If a person alleged to be incapacitated has no guardian and an emergency exists, the court may, pending notice and hearing, exercise the power of a guardian or enter an ex parte order appointing a temporary guardian to address the emergency.

household -3- LB453 LB453 2025 expenses;

(b) When the court takes action to exercise the powers of a guardian or to appoint a temporary guardian under subsection (a) of this section, an expedited hearing shall be held if requested by the person alleged to be incapacitated, or by any interested person, if the request is filed more than ten business -1- LB453 LB453 2025 days prior to the date set for the hearing on the petition for appointment of the guardian.

(e)(1) The temporary guardianship shall terminate at the end of the -4- LB453 LB453 2025 ninety-day period in which the temporary guardianship is valid or at any time prior thereto if the court deems the circumstances leading to the order for temporary guardianship no longer exist or if an order has been entered as a result of a hearing pursuant to section 30-2619 which has been held during the ninety-day period.

A temporary guardian shall make any report the court requires, except that a -5- LB453 LB453 2025 temporary guardian shall not be required to provide the fingerprints for the national criminal history record information check or report under section 30-2602.02.

(k)(1) If the Public Guardian is unable to accept appointment as a limited temporary guardian for the purposes described in subdivision (a)(a)(2) (2) of this section because the Public Guardian has exceeded the average ratio described in subsection (2) of section 30-4115, the court shall appoint an individual to serve as a limited temporary guardian.

30-2630.01 (a)30-2630.01 (a) If a person alleged to be in need of protection under -6- LB453 LB453 2025 section 30-2630 has no conservator and an emergency exists, the court may, pending notice and hearing, exercise the power of a conservator or enter an emergency protective order appointing a temporary conservator, who may be the Public Guardian, to address the emergency.

(b) When the court takes action to exercise the powers of a conservator or to appoint a temporary conservator under subsection (a) of this section, an expedited hearing shall be held if requested by the person alleged to be in -2- LB453 LB453 2025 need of protection, or by any interested person, if the request is filed more than ten business days prior to the date set for the hearing on the petition for appointment of the conservator.

(e) The temporary conservatorship shall terminate at the end of the ninety-day period in which the temporary conservatorship is valid or at -7- LB453 LB453 2025 any time prior thereto if the court deems the circumstances leading to the order for temporary conservatorship no longer exist or if an order has been entered as a result of a hearing pursuant to section 30-2636 which has been held during the ninety-day period.

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