Nebraska Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Nebraska instrument is the Temporary Delegation of Parental Powers, a power of attorney under Neb. Rev. Stat. §30-2604. The parent (or a guardian) signs it. The Nebraska Supreme Court publishes Form DC 6:10.1 with instructions DC 6:10.1a. The form has no signature block for the person appointed.

2. 2

   The delegation may be for a period not exceeding six months. There is no automatic renewal. After the six-month period the parent or legal guardian may execute another Temporary Delegation of Parental Powers, and the instructions say a new form must be completed.

3. 3

   The court's guidance says the delegation must be signed or acknowledged before a Notary Public, and the form contains a notary acknowledgment. The statute itself says only that it is a properly executed power of attorney. It is not filed with the court: keep a copy and give the original to the person appointed. The form does not address whether one or both parents sign.

4. 4

   The parent may delegate any of the powers regarding care, custody or property of the child, except the power to consent to marriage or adoption. The court describes uses such as consent to medical treatment and enrollment in school or other academic or athletic programs. This page does not promise that any school, doctor or agency must accept the document, and no reliance protection for them is stated here.

5. 5

   The parent may revoke the delegation at any time before the six-month period ends by written notice to the person appointed, at the address stated in the form. The statute names the person only as another person and states no relative requirement and no minimum age.

6. 6

   This is not a court guardianship. It is signed by the parent, not ordered by a court, and the person appointed does not become a court-appointed guardian. Custody and the parent's rights are not transferred or ended. A separate rule in §30-2604 allows a delegation made to a minor aged 18 or older who is not a ward of the state, of the power to consent to that minor's own health care, for a period not exceeding one year.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Nebraska has court routes: a temporary guardian of a minor under §30-2611(c), whose authority shall not last longer than six months, and a standby guardian under §30-2608(c) for a minor whose parent is chronically ill or near death. For abuse or danger to a child, contact the Nebraska child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Nebraska Requirements for Temporary Guardianship Agreement

• Parent-Signed Delegation of Parental Powers

  A parent or guardian of a minor, by a properly executed power of attorney, may delegate to another person any of his or her powers regarding care, custody or property of the child (Neb. Rev. Stat. §30-2604). Form DC 6:10.1 has a signature block for the delegating parent only.

• Six-Month Term

  The delegation may be for a period not exceeding six months. There is no automatic renewal; after the six-month period the parent or legal guardian may execute another delegation (Neb. Rev. Stat. §30-2604; Form DC 6:10.1).

• Notary Acknowledgment

  The Nebraska court's guidance says the delegation must be signed or acknowledged before a Notary Public, and Form DC 6:10.1 includes a notary acknowledgment block. The statute says only 'properly executed power of attorney'.

• Not Filed With the Court

  The forms are not filed with the court. A copy should be retained for the parent's records and the original given to the person appointed (Nebraska Supreme Court self-help guidance).

• Marriage and Adoption Exclusion

  The parent may not delegate the power to consent to marriage or adoption of the child. Form DC 6:10.1 repeats the exclusion (Neb. Rev. Stat. §30-2604).

• Powers Delegated

  Form DC 6:10.1 delegates the parent's powers regarding the care, custody and property of the child. The court describes uses such as consent to medical treatment and enrollment in school or other academic or athletic programs.

• Revocation by Written Notice

  The parent may revoke the delegation at any time before the six-month period ends by written notice to the person appointed at the address stated in the form (Form DC 6:10.1).

• Official Court Form

  The Nebraska Supreme Court publishes Form DC 6:10.1, Temporary Delegation of Parental Powers, with instructions DC 6:10.1a. The court's self-help page hosts the form.