Nebraska Supreme Court Rule §6-1433 requires that any governmental agency paying benefits on behalf of the ward, incapacitated person, protected person, or minor, be considered an interested person in a guardianship or conservatorship.
Guardianship / Conservatorship in Nebraska 1 Guardian: Person (s) appointed by the court to make the personal decisions for the protected person. The guardian may be given authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc. 2 Conservator: Person (s) appointed to make financial decisions for the protected person. The conservator typically is given the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
When persons are unable to make responsible decisions about their finances, property, living situations or care because of their age, physical or mental condition, a petition can be filed with the county courts to appoint a Guardian or Conservator. Court-appointed guardians/conservators manage the personal and/or financial affairs of vulnerable persons who can no longer protect themselves.
Once the petition for appointment of a guardian has been filed with the court, notice of the petition and a court date is given to the person to be protected and interested persons.
Conservator: Person (s) appointed to make financial decisions for the protected person. The conservator typically is given the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
Your directive remains valid until revoked or it expires according to terms that you include in the directive, whichever is earlier. You may direct that it be irrevocable during periods of incapacity.
Mental Health Advance Directive is a way to communicate a lot of information to your provider. You may wish to include your choices about different treatment options such as medications; electro-shock therapy; crisis management; preference in treatment facilities and care providers; alternatives to hospitalization if 24-hour care is necessary; emergency interventions; provisions of trauma-informed care and treatment; who treatment information can be disclosed to; individuals who are prohibited from visiting; and any other instructions or preferences for mental health care. In addition, you may say who you want informed in the event of a crisis, write down your dietary choices, past treatment history, and any other information that you want to be considered while you seek treatment.
You may change your Mental Health Advance Directive. If you complete a new Mental Health Advance Directive and do not revoke your original directive, the new provisions will be followed, as will those in the original directive that have not been addressed in the new document.
There may be times that health care provider does not follow your instructions. Some examples are a provider cannot in good conscience comply with your instructions, the instructions are against accepted clinical or medical practice, the policies of the provider, the services are not covered by insurance, or because the treatment is physically unavailable. It is very helpful to discuss your instructions with your provider when you make your Advance Mental Health Directive, so that you know whether they will be able to follow your instructions.