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858 sections in this chapter.
Neb. Rev. Stat. § 30-3914 Notice of proceeding.
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If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…
Neb. Rev. Stat. § 30-3915 Proceedings in more than one state.
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Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under subdivision (1)(a) or (b) of section 30-3910, if a petition for the appointment of a guardian or issuance of a protective orde…
Neb. Rev. Stat. § 30-3916 Transfer of guardianship or conservatorship to another state.
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(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to notice of a petition…
Neb. Rev. Stat. § 30-3917 Accepting guardianship or conservatorship transferred from another state.
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(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 30-3916, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certifi…
Neb. Rev. Stat. § 30-3918 Registration of guardianship orders; filing required.
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
Neb. Rev. Stat. § 30-3919 Registration of protective orders.
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If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…
Neb. Rev. Stat. § 30-3920 Effect of registration.
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(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceeding…
Neb. Rev. Stat. § 30-3921 Uniformity of application and construction.
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In applying and construing this uniform 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. § 30-3922 Relation to Electronic Signatures in Global and National Commerce Act.
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The Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, as the act existed on January 1, 2011, but does not modify, limit, or supers…
Neb. Rev. Stat. § 30-3923 Transitional provision.
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(1) The Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act applies to guardianship and protective proceedings begun on or after January 1, 2012. (2) Sections 30-3901 to 30-3906 and 30-3916 to 30-3923 apply to proceedings begun before January 1, 2012, …
Neb. Rev. Stat. § 30-4001 Act, how cited.
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Sections 30-4001 to 30-4045 may be cited as the Nebraska Uniform Power of Attorney Act.
Neb. Rev. Stat. § 30-4002 Definitions.
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For purposes of the Nebraska Uniform Power of Attorney Act: (1) Agent means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, coagent, successor agent, an…
Neb. Rev. Stat. § 30-4003 Applicability.
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The Nebraska Uniform Power of Attorney Act applies to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A po…
Neb. Rev. Stat. § 30-4004 Power of attorney is durable.
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A power of attorney created after January 1, 2013, under the Nebraska Uniform Power of Attorney Act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Neb. Rev. Stat. § 30-4005 Execution of power of attorney.
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A power of attorney must be signed by the principal or marked by the principal in accordance with section 64-105.02 or signed in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature o…
Neb. Rev. Stat. § 30-4006 Validity of power of attorney.
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(1) A power of attorney executed in this state on or after January 1, 2013, is valid if its execution complies with section 30-4005. The county court and the district court of the principal's domicile shall have concurrent jurisdiction to determine the validity and enforceability…
Neb. Rev. Stat. § 30-4007 Meaning and effect of power of attorney.
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The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Neb. Rev. Stat. § 30-4008 Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.
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(1) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the …
Neb. Rev. Stat. § 30-4009 When power of attorney effective.
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(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (2) If a power of attorney becomes effective upon the occurrence of a futu…
Neb. Rev. Stat. § 30-401 Terms, defined.
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For purposes of sections 30-401 to 30-406: (1) Agent of the ward includes any person appointed as an agent under a power of attorney executed by or on behalf of a ward or which purports to have been executed by or on behalf of a ward; (2) Conservator or guardian includes a specia…
Neb. Rev. Stat. § 30-4010 Termination of power of attorney or agent's authority.
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(1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal revokes the power of attorney; (d) The power of attorney provides that it terminates; (e) The purpose of the power …
Neb. Rev. Stat. § 30-4011 Coagents and successor agents.
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(1) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incap…
Neb. Rev. Stat. § 30-4012 Reimbursement and compensation of agent.
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Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
Neb. Rev. Stat. § 30-4013 Agent's acceptance.
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Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Neb. Rev. Stat. § 30-4014 Agent's duties.
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(1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) Act in accordance with the principal's reasonable expectations to the extent known by the agent and, otherwise, in the principal's best interest; (b) Act in good faith; and …
Neb. Rev. Stat. § 30-4015 Exoneration of agent.
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(1) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: (a) Relieves the agent of liability for breach of duty committed dishonestly, with …
Neb. Rev. Stat. § 30-4016 Judicial relief.
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(1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (a) The principal or the agent; (b) A guardian, conservator, or other fiduciary acting for the principal; (c) A person authorized to make hea…
Neb. Rev. Stat. § 30-4017 Agent's liability.
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An agent that violates the Nebraska Uniform Power of Attorney Act is liable to the principal or the principal's successors in interest for the amount required to: (1) Restore the value of the principal's property to what it would have been had the violation not occurred; and (2) …
Neb. Rev. Stat. § 30-4018 Agent's resignation; notice.
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Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or suc…
Neb. Rev. Stat. § 30-4019 Acceptance of and reliance upon acknowledged power of attorney.
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(1) For purposes of this section and section 30-4020, acknowledged means purportedly verified before a notary public or other individual authorized to take acknowledgments. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the…
Neb. Rev. Stat. § 30-402 Property, claims, or rights of deceased or ward; interested person establish; complaint; effect.
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If a personal representative, heir, devisee, creditor, or other person interested in the estate of any deceased person or a conservator or guardian for a ward complains to the judge of the county court, upon an application under oath given on information and belief, that (1) any …
Neb. Rev. Stat. § 30-4020 Liability for refusal to accept acknowledged power of attorney.
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(1) Except as otherwise provided in subsection (2) of this section: (a) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection (4) of section 30-4019 no later than seven business days aft…
Neb. Rev. Stat. § 30-4021 Principles of law and equity.
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Unless displaced by a provision of the Nebraska Uniform Power of Attorney Act, the principles of law and equity supplement the act.
Neb. Rev. Stat. § 30-4022 Laws applicable to financial institutions and entities.
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The Nebraska Uniform Power of Attorney Act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with the act.
Neb. Rev. Stat. § 30-4023 Remedies under other law.
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The remedies under the Nebraska Uniform Power of Attorney Act are not exclusive and do not abrogate any right or remedy under the law of this state other than the act.
Neb. Rev. Stat. § 30-4024 Authority that requires specific grant; grant of general authority.
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(1) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrum…
Neb. Rev. Stat. § 30-4025 Incorporation of authority.
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(1) An agent has authority described in sections 30-4024 to 30-4040 if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 30-4027 to 30-4040 or cites the section in which the authority is described. (2) A ref…
Neb. Rev. Stat. § 30-4026 Construction of authority generally.
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Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 30-4027 to 30-4040 or that grants to an agent authority to do all acts that a principal could do pursuant to subsection (3) of se…
Neb. Rev. Stat. § 30-4027 Real property.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or …
Neb. Rev. Stat. § 30-4028 Tangible personal property.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acqui…
Neb. Rev. Stat. § 30-4029 Stocks and bonds.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (1) Buy, sell, and exchange stocks and bonds; (2) Establish, continue, modify, or terminate an account with respec…
Neb. Rev. Stat. § 30-403 Complaint; person cited; failure to comply; penalty.
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If the person cited under section 30-402 refuses (1) to appear and submit to such examination, (2) to answer such interrogatories as may be put to him or her touching the matter of such complaint, or (3) to bring with him or her any of the documents or writings set forth in the c…
Neb. Rev. Stat. § 30-4030 Commodities and options.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: (1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options o…
Neb. Rev. Stat. § 30-4031 Banks and other financial institutions.
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Unless the power of attorney otherwise provides, language in a power of attorney granting authority with respect to banks and other financial institutions authorizes the agent to: (1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of …
Neb. Rev. Stat. § 30-4032 Operation of entity or business.
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Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes th…
Neb. Rev. Stat. § 30-4033 Insurance and annuities.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a…
Neb. Rev. Stat. § 30-4034 Estates, trusts, and other beneficial interests.
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(1) For purposes of this section, estate, trust, or other beneficial interest means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (2) Unless the …
Neb. Rev. Stat. § 30-4035 Claims and litigation.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, c…
Neb. Rev. Stat. § 30-4036 Personal and family maintenance.
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(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (a) Perform the acts necessary to maintain the customary standard of living of the principal, t…
Neb. Rev. Stat. § 30-4037 Benefits from governmental programs or civil or military service.
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(1) For purposes of this section, benefits from governmental programs or civil or military service means any benefit, program, or assistance provided under a statute or regulation including social security, medicare, and medicaid. (2) Unless the power of attorney otherwise provid…