30-2639 Who may be appointed conservator; priorities. - Nebraska Statutes

30-2639. Who may be appointed conservator; priorities.(a) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person, except that it shall be unlawful for any agency providing residential care in an institution or community-based program or any owner, part owner, manager, administrator, employee, or spouse of an owner, part owner, manager, administrator, or employee of any nursing home, room and board home, assisted-living facility, or institution engaged in the care, treatment, or housing of any person physically or mentally handicapped, infirm, or aged to be appointed conservator of any such person residing, being under care, receiving treatment, or being housed in any such home, facility, or institution within the State of Nebraska. Nothing in this subsection shall prevent the spouse, adult child, parent, or other relative of the person in need of protection from being appointed conservator.(b) Persons who are not disqualified under subsection (a) of this section and who exhibit the ability to exercise the powers to be assigned by the court have priority for appointment as conservator in the following order:(1) A person nominated most recently by one of the following methods:(i) A person nominated by the protected person in a power of attorney or durable power of attorney;(ii) A person acting under a power of attorney or durable power of attorney; or(iii) A person nominated by an attorney in fact who is given power to nominate in a power of attorney or a durable power of attorney executed by the protected person;(2) A conservator, guardian of property, or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides;(3) An individual or corporation nominated by the protected person if he or she is fourteen or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;(4) The spouse of the protected person;(5) An adult child of the protected person;(6) A parent of the protected person or a person nominated by the will of a deceased parent;(7) Any relative of the protected person with whom he or she has resided for more than six months prior to the filing of the petition;(8) A person nominated by the person who is caring for him or her or paying benefits to him or her.(c) When appointing a conservator, the court shall take into consideration the expressed wishes of the person to be protected. A person having priority listed in subdivision (2), (4), (5), (6), or (7) of subsection (b) of this section may nominate in writing a person to serve in his or her stead. With respect to persons having equal priority, the court shall select the person it deems best qualified of those willing to serve. The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having lower priority or no priority.(d) In its order of appointment, unless waived by the court, the court shall require any person appointed as conservator to successfully complete within three months of such appointment a training program approved by the State Court Administrator. If the person appointed as conservator does not complete the training program, the court shall issue an order to show cause why such person should not be removed as conservator. SourceLaws 1974, LB 354, § 257, UPC § 5-410; Laws 1985, LB 292, § 3; Laws 1993, LB 782, § 18; Laws 1997, LB 466, § 17; Laws 1997, LB 608, § 2. Cross ReferencesTraining program, curricula, see section 30-2601.01. AnnotationsWhen an attorney in fact may be accountable to a conservator of an estate for unauthorized transfers of property made to himself or herself, a county court may properly find it is in the principal's best interests to bypass the attorney in fact's priority for appointment as the principal's conservator and to appoint a disinterested third party as the conservator. In re Conservatorship of Anderson, 262 Neb. 51, 628 N.W.2d 233 (2001).