Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-4209 Duration of appointment.
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A guardian ad litem's appointment begins at the time he or she is appointed by the court and does not end until the court allows the guardian ad litem to withdraw as guardian ad litem, terminates the appointment of the guardian ad litem, removes or suspends the guardian ad litem,…
Neb. Rev. Stat. § 30-4210 Cost of evaluation.
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The court may order the cost of any evaluation as provided in section 30-4203 to be paid by the county where the guardianship, conservatorship, or other protective proceeding is brought, or the court may, after notice and a hearing, assess the cost of any such evaluation, in whol…
Neb. Rev. Stat. § 30-4301 (UDTA 1) Act, how cited.
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(UDTA 1) Sections 30-4301 to 30-4319 shall be known and may be cited as the Nebraska Uniform Directed Trust Act.
Neb. Rev. Stat. § 30-4302 (UDTA 2) Definitions.
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(UDTA 2) In the Nebraska Uniform Directed Trust Act: (1) Breach of trust includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, the Nebraska Uniform Directed Trust Act, or law of this state other than the Nebra…
Neb. Rev. Stat. § 30-4303 (UDTA 3) Application; principal place of administration.
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(UDTA 3) The Nebraska Uniform Directed Trust Act applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (1) If the trust was created before September 7, 2019, the Nebraska Uniform Directed Trust Act appl…
Neb. Rev. Stat. § 30-4304 (UDTA 4) Common law and principles of equity.
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(UDTA 4) The common law and principles of equity supplement the Nebraska Uniform Directed Trust Act, except to the extent modified by the Nebraska Uniform Directed Trust Act or law of this state other than the Nebraska Uniform Directed Trust Act.
Neb. Rev. Stat. § 30-4305 (UDTA 5) Exclusions.
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(UDTA 5) (a) In this section, power of appointment means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) The Nebraska Uniform Directed Trust Act does not …
Neb. Rev. Stat. § 30-4306 (UDTA 6) Powers of trust director.
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(UDTA 6) (a) Subject to section 30-4307, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise: (1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direct…
Neb. Rev. Stat. § 30-4307 (UDTA 7) Limitation on trust director.
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(UDTA 7) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision (b)(1) of section 30-4306 regarding: (1) a payback provision in the ter…
Neb. Rev. Stat. § 30-4308 (UDTA 8) Duty and liability of trust director.
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(UDTA 8) (a) Subject to subsection (b) of this section, with respect to a power of direction or further power under subdivision (b)(1) of section 30-4306: (1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (A) if the power …
Neb. Rev. Stat. § 30-4309 (UDTA 9) Duty and liability of directed trustee.
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(UDTA 9) (a) Subject to subsections (b) and (c) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivision (b)(1) of section 30-4306, and the trustee is not …
Neb. Rev. Stat. § 30-4310 (UDTA 10) Duty to provide information to trust director or trustee.
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(UDTA 10) (a) Subject to section 30-4311, a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (1) the powers or duties of the trustee; and (2) the powers or duties of the director. (b) Subject to section 30-4311, a …
Neb. Rev. Stat. § 30-4311 (UDTA 11) No duty to monitor, inform, or advise.
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(UDTA 11) (a) Unless the terms of a trust provide otherwise: (1) a trustee does not have a duty to: (A) monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differ…
Neb. Rev. Stat. § 30-4312 (UDTA 12) Application to cotrustee.
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(UDTA 12) The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with res…
Neb. Rev. Stat. § 30-4313 (UDTA 13) Limitation of action against trust director.
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(UDTA 13) (a) An action against a trust director for breach of trust must be commenced within the same limitation period as under section 30-3894 for an action for breach of trust against a trustee in a like position and under similar circumstances. (b) A report or accounting has…
Neb. Rev. Stat. § 30-4314 (UDTA 14) Defenses in action against trust director.
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(UDTA 14) In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
Neb. Rev. Stat. § 30-4315 (UDTA 15) Jurisdiction over trust director.
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(UDTA 15) (a) By accepting appointment as a trust director of a trust subject to the Nebraska Uniform Directed Trust Act, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (b) This section do…
Neb. Rev. Stat. § 30-4316 (UDTA 16) Office of trust director.
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(UDTA 16) Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (1) acceptance under section 30-3857; (2) giving of bond to secure performance under section 30-3858; (3) reasonable compensation …
Neb. Rev. Stat. § 30-4317 (UDTA 17) Uniformity of application and construction.
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(UDTA 17) In applying and construing the Nebraska Uniform Directed Trust Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 30-4318 (UDTA 18) Electronic records and signatures.
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(UDTA 18) The provisions of the Nebraska Uniform Directed Trust Act governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements…
Neb. Rev. Stat. § 30-4319 Date; applicability.
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(a) Except as otherwise provided in the Nebraska Uniform Directed Trust Act, on January 1, 2021: (1) the Nebraska Uniform Directed Trust Act applies to all trusts created before, on, or after January 1, 2021; (2) the Nebraska Uniform Directed Trust Act applies to all judicial pro…
Neb. Rev. Stat. § 30-4401 Act, how cited.
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Sections 30-4401 to 30-4415 shall be known and may be cited as the Advance Mental Health Care Directives Act.
Neb. Rev. Stat. § 30-4402 Legislative findings; act; purposes.
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(1) The Legislature finds that: (a) Issues implicated in advance planning for end-of-life care are distinct from issues implicated in advance planning for mental health care; (b) Mental illness can be episodic and include periods of incapacity which obstruct an individual's abili…
Neb. Rev. Stat. § 30-4403 Advance mental health care directive; use; legislative declarations; right of individual.
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(1) The Legislature hereby declares that an advance mental health care directive can only accomplish the purposes stated in section 30-4402 if an individual may use an advance mental health care directive to: (a) Set forth instructions for any foreseeable mental health care when …
Neb. Rev. Stat. § 30-4404 Terms, defined.
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For purposes of the Advance Mental Health Care Directives Act: (1) Activation means the point at which an advance mental health care directive is used as the basis for decisionmaking as provided in section 30-4409; (2) Attorney in fact means an individual designated under a power…
Neb. Rev. Stat. § 30-4405 Advance mental health care directive; requirements; irrevocable, when; witnesses; release authorization form.
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(1) An advance mental health care directive shall: (a) Be in writing; (b) Be dated and signed by the principal or, subject to subsection (5) of this section, another individual acting at the direction of the principal if the principal is physically unable to sign. The attorney in…
Neb. Rev. Stat. § 30-4406 Instructions and preferences; binding; matters addressed; limitation.
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(1) Except as provided in subsection (2) of this section, in an advance mental health care directive, a principal may issue instructions, preferences, or both instructions and preferences concerning the principal's mental health treatment. If the principal has designated an attor…
Neb. Rev. Stat. § 30-4407 Expiration; revocation.
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(1) An advance mental health care directive, including an irrevocable advance mental health care directive, shall remain in effect until it expires according to its terms or until it is revoked by the principal, whichever is earlier. (2) A principal may revoke the directive even …
Neb. Rev. Stat. § 30-4408 Self-binding arrangement for mental health care; advance consent to inpatient treatment or administration of psychotropic medication; requirements.
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(1) A principal has a right to form a self-binding arrangement for mental health care in an advance mental health care directive. A self-binding arrangement allows the principal to obtain mental health treatment in the event that an acute mental health episode renders the princip…
Neb. Rev. Stat. § 30-4409 Activation.
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(1) Unless a principal designates otherwise in the advance mental health care directive, a directive becomes active when the principal loses capacity. Activation is the point at which the directive shall be used as the basis for decisionmaking and shall dictate mental health trea…
Neb. Rev. Stat. § 30-4410 Attorney in fact; authority.
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(1) Except as otherwise provided in subsection (2) of this section, a specific grant of authority to an attorney in fact to consent to the principal's inpatient mental health treatment or psychotropic medication is not required to convey authority to the attorney in fact to conse…
Neb. Rev. Stat. § 30-4411 Principal who has capacity; contemporaneous preferences; effect; conflicting documents; which controls.
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(1) Despite activation, an advance mental health care directive, including an irrevocable directive, shall not prevail over contemporaneous preferences expressed by a principal who has capacity. (2) If an individual has a power of attorney for health care and an advance mental he…
Neb. Rev. Stat. § 30-4412 Inpatient treatment facility; principal refuses admission; facility; duties.
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(1) If the principal forms a self-binding arrangement for treatment in an advance mental health care directive but then refuses admission to an inpatient treatment facility despite the directive's instructions to admit, the inpatient treatment facility shall respond as follows: (…
Neb. Rev. Stat. § 30-4413 Psychotropic medication; administration after refusal; conditions.
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If a principal with an irrevocable advance mental health care directive consenting to inpatient treatment refuses psychotropic medication through words or actions, psychotropic medication may only be administered by or under the immediate direction of a licensed psychiatrist, and…
Neb. Rev. Stat. § 30-4414 Health care professional; immunity.
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(1) A health care professional acting or declining to act, in accord with reasonable medical standards, in good faith reliance upon the principal's advance mental health care directive, and, if the principal has an attorney in fact, in reliance upon the decision made by a person …
Neb. Rev. Stat. § 30-4415 Form; department powers and duties.
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(1) An advance mental health care directive shall be in a form that complies with the Advance Mental Health Care Directives Act and may be in the form provided in this subsection. ADVANCE MENTAL HEALTH CARE DIRECTIVE I ................., being an adult nineteen years of age or ol…
Neb. Rev. Stat. § 30-4501 Act, how cited.
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Sections 30-4501 to 30-4529 shall be known and may be cited as the Uniform Trust Decanting Act.
Neb. Rev. Stat. § 30-4502 Definitions.
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In the Uniform Trust Decanting Act: (1) Appointive property means the property or property interest subject to a power of appointment. (2) Ascertainable standard has the same meaning as in section 30-3803. (3) Authorized fiduciary means: (A) a trustee or other fiduciary, other th…
Neb. Rev. Stat. § 30-4503 Scope.
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(a) Except as otherwise provided in subsections (b) and (c) of this section, the Uniform Trust Decanting Act applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (b) The act does …
Neb. Rev. Stat. § 30-4504 Fiduciary duty.
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(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) The Uniform Trust Decanting Act does not create or imply a duty to exercise the deca…
Neb. Rev. Stat. § 30-4505 Application; governing law.
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The Uniform Trust Decanting Act applies to a trust created before, on, or after November 14, 2020, which: (1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or (2) provides by its …
Neb. Rev. Stat. § 30-4506 Reasonable reliance.
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A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under the Uniform Trust Decanting Act, law of this state other than the act, or the law of another jurisdic…
Neb. Rev. Stat. § 30-4507 Notice; exercise of decanting power.
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(a) In this section, a notice period begins on the day notice is given under subsection (c) of this section and ends fifty-nine days after the day notice is given. (b) Except as otherwise provided in the Uniform Trust Decanting Act, an authorized fiduciary may exercise the decant…
Neb. Rev. Stat. § 30-4508 Representation.
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(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or sections 30-3822 to 30-3826 has the same effect as notice given directly to the person represented. (b) Consent of or waiver by a person with authority to represent and bi…
Neb. Rev. Stat. § 30-4509 Court involvement.
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(a) On application of an authorized fiduciary, a person entitled to notice under subsection (c) of section 30-4507, a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may: (1…
Neb. Rev. Stat. § 30-4510 Formalities.
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An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section 30-4507, identify the first trust and the second trust or trusts and state the property of the first t…
Neb. Rev. Stat. § 30-4511 Decanting power under expanded distributive discretion.
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(a) In this section: (1) Noncontingent right means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute pro…
Neb. Rev. Stat. § 30-4512 Decanting power under limited distributive discretion.
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(a) In this section, limited distributive discretion means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary that has limited distributive discretion over the principal of the first tr…
Neb. Rev. Stat. § 30-4513 Trust for beneficiary with disability.
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(a) In this section: (1) Beneficiary with a disability means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who…
Neb. Rev. Stat. § 30-4514 Protection of charitable interest.
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(a) In this section: (1) Determinable charitable interest means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held s…