Cost of Guardianship in Nebraska: Filing Fees, Background Checks, and Attorney Costs

Court Filing Fees

The base filing fee for a guardianship petition in Nebraska county court is $22 per petition. If you are filing for both guardianship (personal authority) and conservatorship (financial authority) as separate petitions, the total base filing fee is $44.

This statutory fee is set under Neb. Rev. Stat. § 33-126.02 and is remitted to the State Judges Retirement Fund. It is intentionally low — the legislature set it to avoid creating financial barriers to protecting vulnerable adults. However, individual counties may add automation surcharges and administrative fees that increase the total. Douglas, Lancaster, and Sarpy counties have the highest total court costs due to localized surcharges.

Annual report filing fees add up over the life of the guardianship: $5 per report without a financial accounting, $10 per report with accounting. These are due every year within 30 days of the appointment anniversary.

Background Check Costs

Before the court can sign the appointment order, the proposed guardian or conservator must complete a multi-part background investigation and file the results at least 10 days before the hearing. Here is what each component costs:

Nebraska State Patrol criminal history check (RAP sheet): $30. Requested through the State Patrol Criminal Identification Division, either online or by mail. This is a state-level check. If the court requires a national FBI check, the cost increases to $45.25 for fingerprinting and processing.

DHHS Adult and Child Abuse Central Registry check: $3 to $5.50. The mail-in request through Form CFS-5 costs $3. The online verification through the DHHS portal costs $5.50 (includes a $3 DHHS fee, $1 identity verification, and $1.50 processing fee). Either method is accepted by the court.

Sex offender registry search: Free. The search itself is conducted through the Nebraska State Patrol's online registry at no cost. However, you must then prepare and file a notarized Affidavit of Sex Offender Registry Search documenting the results. Notary fees are typically $5 to $10.

Credit report: Varies. The court requires a detailed credit report from an established bureau — not just a credit score. A single-bureau report typically costs $10 to $15 through the bureau's consumer site. The court needs to see the full history to evaluate your financial stability and check for active bankruptcies.

Total background check costs: approximately $50 to $75. This is out-of-pocket to the petitioner and is not reimbursable from the ward's estate without a court order.

Court Visitor and Guardian Ad Litem Fees

After the petition is filed, the court appoints an independent evaluator — the court visitor — to investigate the case. The visitor interviews the proposed ward, visits their living environment, and files a report recommending whether a guardianship is necessary. This evaluation must be completed within 60 days of the petition.

Court visitors are typically attorneys or licensed social workers with specialized training in gerontology or mental health. Their fees are paid from the ward's estate at court-approved rates, which range from $75 to $125 per hour. A straightforward evaluation might require 5 to 10 hours of work ($375 to $1,250). Complex cases — multiple family members in conflict, questionable capacity, or the ward living in a remote area requiring travel — can run higher.

In contested cases, the court may also appoint a guardian ad litem (GAL) — an attorney who represents the ward's best interests (as distinguished from the ward's stated wishes). GAL fees are billed at standard attorney rates, typically $125 to $175 per hour or more, and are also paid from the ward's estate.

Attorney Fees

Most families hire an attorney to prepare the guardianship petition, represent them at the hearing, and handle post-appointment compliance. Attorney fees for guardianship proceedings in Nebraska typically range from $2,000 to $5,000 or more depending on the complexity.

An uncontested case — where all family members agree on the need for a guardianship and who should serve — sits at the lower end. The attorney drafts the petition, coordinates background checks, handles notice requirements, presents the case at the hearing, and prepares post-hearing filings.

A contested case — where siblings disagree about who should be guardian, where the parent objects to being declared incapacitated, or where allegations of elder abuse or financial exploitation are involved — can cost $10,000 or more. These cases often require expert medical testimony, multiple hearings, and extensive discovery.

Bonding Costs

If the court appoints a conservator to manage the ward's finances and the estate exceeds $10,000, a corporate surety bond is mandatory under Nebraska Supreme Court Rule 6-1441. The bond amount equals the total personal property in the conservator's control plus one year of estimated income.

Bond premiums typically run 0.5% to 0.75% of the bond amount annually. For an estate valued at $200,000 with $30,000 in annual income, the bond would be $230,000 and the annual premium would be $1,150 to $1,725.

Placing estate assets in restricted accounts — accounts that require a prior court order for withdrawal — reduces the bond amount and therefore the premium. The court waives the bond entirely if the ward executed a valid POA while competent that nominated the proposed conservator and waived the bond requirement.

Fiduciary Training

Every newly appointed guardian or conservator in Nebraska must complete the mandatory training course ("Becoming a Guardian and/or Conservator") within 90 days of appointment. The course is offered through the Office of Public Guardian and costs $35 per person. It covers fiduciary duties, reporting requirements, and the legal standards for acting in the ward's best interest.

Failure to complete the training and file the certificate of completion triggers an automatic Order to Show Cause, which can result in the guardian's removal.

Ongoing Annual Costs Summary

Beyond the initial setup, guardianship carries recurring annual costs:

• Annual report filing fee: $5 to $10
• Bond premium (if conservator): 0.5% to 0.75% of bond amount
• Attorney fees for annual accounting preparation (if needed): $500 to $1,000+
• Miscellaneous (notary fees, certified copies, mailing costs): $25 to $50

Under Nebraska Supreme Court Rule 6-1437, the guardian can reimburse themselves up to $500 per year from the ward's estate without a court order. The guardian's attorney can be paid up to $1,000 per year from the estate without a court order. Amounts beyond these limits require formal petition and judicial approval.

The Cost Comparison That Matters

A durable power of attorney executed while the parent still has cognitive capacity costs the price of a notary acknowledgment — typically $5 to $15 — and avoids every cost on this list. The Nebraska Power of Attorney & Guardianship Kit covers both paths, but the math makes the case for early action better than any argument could.

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