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858 sections in this chapter.
Neb. Rev. Stat. § 30-3210 Real estate mortgage; purchase of stock in federal corporation; court may authorize.
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When any court of competent jurisdiction shall issue a license to any trustee, executor, administrator or guardian to execute a real estate mortgage, such court may authorize the trustee, executor, administrator or guardian to purchase stock in any association or corporation crea…
Neb. Rev. Stat. § 30-3211 Registration of securities; name; conditions; liability of fiduciary.
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Any person or any corporation holding any stock, bond, note, debenture, or any other security or property, the title to which may be registered, hereinafter referred to as a security, as executor, administrator, trustee, guardian, conservator or in any other fiduciary capacity, m…
Neb. Rev. Stat. § 30-3212 Registration of securities; name of nominee.
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A corporation acting as one of two or more fiduciaries, with the consent of its cofiduciary or cofiduciaries, who are hereby authorized to give such consent, may register a security held by said fiduciaries in the name of its nominee, subject in all respects to the requirements, …
Neb. Rev. Stat. § 30-3213 Real estate investment trust, defined.
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For the purpose of this section and section 30-3214 real estate investment trust shall mean an unincorporated trust or an unincorporated association: (1) Which is managed by one or more trustees; (2) The beneficial ownership of which is evidenced by the transferable shares, or by…
Neb. Rev. Stat. § 30-3214 Real estate investment trust; articles of agreement or trust; filing.
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A real estate investment trust shall file its articles of agreement or of trust or any modifications thereof with the Secretary of State and with the county clerk of the county in this state in which the trust has its principal place of doing business by complying with the same p…
Neb. Rev. Stat. § 30-3215 Private foundations and split-interest trusts; prohibited acts.
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Notwithstanding any provision to the contrary in the governing instrument or under any other law of this state and except as otherwise provided by court decree entered after April 30, 1971, a trust, whenever created, which is a private foundation or a split-interest trust as defi…
Neb. Rev. Stat. § 30-3216 Private foundations and split-interest trusts; governing instrument; amendments permitted.
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The trustee of a trust, whenever created, which is a private foundation or a split-interest trust as defined in sections 509 and 4947, respectively, of the Internal Revenue Code may, notwithstanding any provision to the contrary in the governing instrument or under any other law …
Neb. Rev. Stat. § 30-3217 Private foundations and split-interest trusts; applicability of sections.
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A trustee of a trust which is a private foundation or a split-interest trust as defined in section 30-3215, may elect that sections 30-3215 to 30-3218 shall not apply to such trust and its trustee or trustees by so notifying the Attorney General in writing within six months follo…
Neb. Rev. Stat. § 30-3218 Private foundations and split-interest trusts; sections; how interpreted.
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Sections 30-3215 to 30-3218 shall be interpreted to effectuate the intent of the State of Nebraska to preserve, foster and encourage gifts to or for the benefit of charitable organizations and to preserve to such organizations their right to exemption from federal income taxes.
Neb. Rev. Stat. § 30-3219 Electric and communication facilities; easement; license and agreement for construction, operation, and maintenance; fiduciaries; execution.
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Administrators and executors of the estates of deceased persons, trustees of trust estates, the guardians of estates of minors and incompetent persons, and conservators may execute easements, licenses, and other contracts with public power districts, electric membership associati…
Neb. Rev. Stat. § 30-3220 Electric and communication facilities; easement; license and agreement for construction, operation, and maintenance; fiduciaries; execution; procedure.
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Easements and contracts authorized in section 30-3219 shall be entered into by administrators, executors, trustees, guardians, and conservators only upon compliance with and upon securing the approval of the county court of the county where the real estate is located in the manne…
Neb. Rev. Stat. § 30-333 Probate, administration, guardianship; subjects of foreign countries interested; notice to consular representative; when required.
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Whenever, upon the filing of a petition for probate, administration or guardianship, or thereafter in the administration of any estate, it shall appear that subjects of any foreign country are or may be interested, either as heirs at law, devisees, legatees or otherwise, the coun…
Neb. Rev. Stat. § 30-3401 Legislative intent.
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(1) It is the intent of the Legislature to establish a decisionmaking process which allows a competent adult to designate another person to make health care and medical treatment decisions if the adult becomes incapable of making such decisions. (2) The Legislature does not inten…
Neb. Rev. Stat. § 30-3402 Terms, defined.
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For purposes of sections 30-3401 to 30-3432: (1) Adult shall mean any person who is eighteen years of age or older or is not a minor; (2) Attending physician shall mean the physician, selected by or assigned to a principal, who has primary responsibility for the care and treatmen…
Neb. Rev. Stat. § 30-3403 Power of attorney for health care; designation; competency; presumption.
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(1) A principal may confer a power of attorney for health care thereby designating another competent adult as attorney in fact for health care decisions in accordance with sections 30-3401 to 30-3432. A principal may also designate another competent adult as a successor attorney …
Neb. Rev. Stat. § 30-3404 Power of attorney; contents.
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The power of attorney for health care shall (1) be in writing, (2) identify the principal, the attorney in fact, and the successor attorney in fact, if any, (3) specifically authorize the attorney in fact to make health care decisions on behalf of the principal in the event the p…
Neb. Rev. Stat. § 30-3405 Witness; disqualification; declaration.
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(1)(a) The following shall not qualify to witness a power of attorney for health care: Any person who at the time of witnessing is the principal's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, attending physician, mental health treatment team member…
Neb. Rev. Stat. § 30-3406 Attorney in fact; disqualification.
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None of the following may serve as an attorney in fact: (1) The attending physician or a member of the mental health treatment team of the principal; (2) An employee of the attending physician or a member of the mental health treatment team of the principal who is unrelated to th…
Neb. Rev. Stat. § 30-3407 Attorney in fact; withdrawal.
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At any time when the principal is not incapable, the attorney in fact may withdraw by giving notice to the principal. At any time when the principal is incapable, the attorney in fact may withdraw by giving notice to the health care provider who shall cause the withdrawal to be m…
Neb. Rev. Stat. § 30-3408 Power of attorney; form; validity.
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(1) A power of attorney for health care executed on or after September 9, 1993, shall be in a form which complies with sections 30-3401 to 30-3432 and may be in the form provided in this subsection. POWER OF ATTORNEY FOR HEALTH CARE I appoint ..................., whose address is…
Neb. Rev. Stat. § 30-3409 Power of attorney; medical record.
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The power of attorney for health care, when its existence becomes known, shall be made a part of the principal's medical record with any health care provider in or of which the principal is a patient or resides.
Neb. Rev. Stat. § 30-3410 Power of attorney; duration.
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A power of attorney for health care shall continue in effect until the principal's death, until revoked pursuant to section 30-3420, or until the attorney in fact and any successor attorney in fact withdraws pursuant to section 30-3407.
Neb. Rev. Stat. § 30-3411 Authority of attorney in fact; commencement.
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The authority of the attorney in fact shall commence upon a determination pursuant to section 30-3412 that the principal is incapable of making health care decisions.
Neb. Rev. Stat. § 30-3412 Incapacity of principal; determination.
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(1) A determination that a principal is incapable of making health care decisions shall be made in writing by the attending physician and any physician consulted with respect to the determination that the principal is incapable of making health care decisions, and they shall docu…
Neb. Rev. Stat. § 30-3413 Incapacity of principal; notice.
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Notice of a determination that a principal is incapable of making health care decisions shall be given by the attending physician (1) to the principal when there is any indication of the principal's ability to comprehend such notice, (2) to the attorney in fact, and (3) to the he…
Neb. Rev. Stat. § 30-3414 Incapacity of principal; attorney in fact; duties.
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Promptly upon being notified that a determination that the principal is incapable of making health care decisions has or is about to be made, the attorney in fact, if other than the principal's most proximate next of kin and if the principal has not directed otherwise, shall noti…
Neb. Rev. Stat. § 30-3415 Incapacity of principal; dispute; hearing.
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If a dispute arises as to whether the principal is incapable, a petition may be filed with the county court in the county in which the principal resides or is located requesting the court's determination as to whether the principal is incapable of making health care decisions. If…
Neb. Rev. Stat. § 30-3416 Incapacity of principal; determination; effect.
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A determination that a principal is incapable of making health care decisions shall not be construed as a finding that the principal is incapable for any other purpose.
Neb. Rev. Stat. § 30-3417 Attorney in fact; powers and duties; exceptions; responsibility for costs; rights; objection of principal; health care provider; acceptance of decisions.
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(1) When the authority conferred by a power of attorney for health care has commenced, the attorney in fact, subject to any instructions and limitations set forth in the power of attorney for health care or elsewhere, shall make health care decisions on the principal's behalf, ex…
Neb. Rev. Stat. § 30-3418 Attorney in fact; consult with medical personnel; authority; limitations.
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(1) In exercising authority under the power of attorney for health care, an attorney in fact shall have a duty to consult with medical personnel, including the attending physician, and thereupon to make health care decisions (a) in accordance with the principal's wishes as expres…
Neb. Rev. Stat. § 30-3419 Attending physician; duties.
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(1) Before acting upon a health care decision made by an attorney in fact, other than those decisions made at or about the time of the initial determination, the attending physician shall confirm that the principal continues to be incapable. The confirmation shall be stated in wr…
Neb. Rev. Stat. § 30-3420 Power of attorney; health care decision; revocation; limitations; effect.
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(1) A power of attorney for health care or a health care decision made by an attorney in fact may be revoked at any time by a principal who is competent and in any manner by which the principal is able to communicate his or her intent to revoke. Revocation shall be effective upon…
Neb. Rev. Stat. § 30-3421 Filing of petition; when.
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(1) A petition may be filed for any one or more of the following purposes: (a) To determine whether the power of attorney for health care is in effect or has been revoked or terminated; (b) To determine whether the acts or proposed acts of the attorney in fact are consistent with…
Neb. Rev. Stat. § 30-3422 Filing of petition; by whom.
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A petition under section 30-3415 or 30-3421 may be filed by any of the following: (1) The principal; (2) The attorney in fact; (3) The spouse, parent, sibling, or adult child of the principal; (4) A close adult friend of the principal; (5) The guardian of the principal; (6) The a…
Neb. Rev. Stat. § 30-3423 Attorney in fact; attending physician; health care provider; immunity.
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(1) An attorney in fact shall not be guilty of any criminal offense, subject to any civil liability, or in violation of any professional oath or code of ethics or conduct for any action taken in good faith pursuant to a power of attorney for health care or an advance mental healt…
Neb. Rev. Stat. § 30-3424 Right to make health care decisions; sections; effect.
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Subject to subsection (5) of section 30-3417 and subsection (7) of section 30-3420, in the absence of an effective designation of power of attorney for health care nothing in sections 30-3401 to 30-3432 shall affect any right a person may otherwise have to make health care decisi…
Neb. Rev. Stat. § 30-3425 Health care providers; assumption of validity.
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Health care providers shall be entitled to assume the validity of a power of attorney for health care executed in this state until given actual notice to the contrary.
Neb. Rev. Stat. § 30-3426 Execution of power of attorney; effect on right to routine care.
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By executing a power of attorney for health care, a principal shall not waive his or her right to routine hygiene, nursing, and comfort care and the usual and typical provision of nutrition and hydration.
Neb. Rev. Stat. § 30-3427 Health care provider; exercise independent medical judgment.
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In following the decision of an attorney in fact, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decision of the principal if the principal were not incapable.
Neb. Rev. Stat. § 30-3428 Health care provider; refusal to honor health care decision; duties.
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(1) Nothing in sections 30-3401 to 30-3432 shall obligate a health care provider organization to honor a health care decision by an attorney in fact that the health care provider organization would not honor if the decision had been made by the principal because the decision is c…
Neb. Rev. Stat. § 30-3429 Power of attorney; prohibited acts.
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(1) No person shall be required to execute or to refrain from executing a power of attorney for health care as a criterion for insurance or as a condition for receiving health care. (2) No person authorized to engage in the business of insurance in this state, medical care corpor…
Neb. Rev. Stat. § 30-3430 Presumptions not created.
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The fact that a person has not appointed an attorney in fact or has not provided the attorney in fact with specific health care instructions shall create no presumptions regarding the person's wishes about health care.
Neb. Rev. Stat. § 30-3431 Attempted suicide; how construed.
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For purposes of making health care decisions, an attempted suicide by the principal shall not be construed as any indication of the principal's wishes with regard to health care.
Neb. Rev. Stat. § 30-3432 Violations; penalties.
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(1) It shall be a Class II felony for a person to willfully sign or alter without authority or to otherwise alter, forge, conceal, or destroy a power of attorney for health care or to willfully conceal or destroy a revocation with the intent and effect of causing a withholding or…
Neb. Rev. Stat. § 30-3501 Act, how cited.
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Sections 30-3501 to 30-3522 shall be known and may be cited as the Nebraska Uniform Custodial Trust Act.
Neb. Rev. Stat. § 30-3502 Terms, defined.
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For purposes of the Nebraska Uniform Custodial Trust Act: (1) Adult means an individual who is at least nineteen years of age; (2) Beneficiary means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individ…
Neb. Rev. Stat. § 30-3503 Custodial trust; general provisions.
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(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the…
Neb. Rev. Stat. § 30-3504 Custodial trustee for future payment or transfer.
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(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by "as custodial trustee for ......…
Neb. Rev. Stat. § 30-3505 Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
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(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under the Nebraska Uniform Custodial Trust Act upon the custodial trustee's written acceptance of the custodial trust property. (b) The custodial trustee's acceptance m…
Neb. Rev. Stat. § 30-3506 Transfer to custodial trustee by fiduciary or obligor; facility of payment.
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(a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 30-3504, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a tran…