§ 6-1443.01.Standby Guardian.

A standby guardian is named in the petition as the person who takes over if the guardian appointed to serve cannot keep going. Section 6-1443.01 treats that nomination as more than a formality. Before the court appoints anyone as standby guardian, that person has to clear the same background checks required under Neb. Rev. Stat. § 30-2602.02 and Neb. Ct. R. § 6-1449, unless the court waives that step for good cause shown.

The real work of this rule kicks in later, when the standby guardian needs to act — because the guardian has died, resigned, been removed, or become unable or unwilling to continue. Within 10 days of that event, the standby guardian must file a completed Assumption of Guardianship Authority notification form along with an Acceptance, plus a certificate showing that copies of those documents and a Notice of Right to Object went out by first-class mail to every interested person, including the bonding company if there is one. If the background checks were not already done or need updating, they get filed at this point too, again subject to a court waiver for good cause.

From there, the clock keeps running. Within 30 days of filing the Assumption form, the standby guardian files a general information form, an address information form, and a personal and financial information form. Within that same 30-day window, an Inventory, an Affidavit of Due Diligence, and a Certificate of Mailing showing the Inventory and a Notice of Right to Object went to interested persons and any bonding company. And within 30 days after Letters issue, a Financial Institution Receipt of Letters form.

The court reviews the inventory and background checks and decides whether a bond is necessary, and if so, Letters do not issue until that bond is posted; the court can also set a hearing with notice to interested parties if it chooses. Once the standby guardian has Letters in hand, one obligation remains: completing training within 90 days.