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858 sections in this chapter.
Neb. Rev. Stat. § 30-4038 Retirement plans.
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(1) For purposes of this section, retirement plan means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or accou…
Neb. Rev. Stat. § 30-4039 Taxes.
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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributio…
Neb. Rev. Stat. § 30-404 Person entrusted with part of the estate; complaint; account; failure to account; penalty.
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The judge of the county court, upon the complaint under oath of any personal representative, may cite any person who has been entrusted by such personal representative with any part of the estate of the deceased person to appear before such court and may require such person to re…
Neb. Rev. Stat. § 30-4040 Gifts.
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(1) For purposes of this section, a gift for the benefit of a person includes a gift to a trust, an account under the Nebraska Uniform Transfers to Minors Act and a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code, 26 U.S.C…
Neb. Rev. Stat. § 30-4041 Statutory form power of attorney.
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A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by the Nebraska Uniform Power of Attorney Act. NEBRASKA STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney…
Neb. Rev. Stat. § 30-4042 Agent's certification.
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The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of ............................................... [County] of ..........................…
Neb. Rev. Stat. § 30-4043 Uniformity of application and construction.
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In applying and construing the Nebraska Uniform Power of Attorney Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Neb. Rev. Stat. § 30-4044 Relation to federal Electronic Signatures in Global and National Commerce Act.
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The Nebraska Uniform Power of Attorney Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of such act, 15 U.S.C. 7001(c), or authorize electron…
Neb. Rev. Stat. § 30-4045 Effect on existing powers of attorney.
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Except as otherwise provided in the Nebraska Uniform Power of Attorney Act, on January 1, 2013: (1) The act applies to a power of attorney created before, on, or after January 1, 2013; (2) The act applies to a judicial proceeding concerning a power of attorney commenced on or aft…
Neb. Rev. Stat. § 30-405 Conservator or guardian; complaint; account; failure to account; penalty.
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The judge of the county court, upon the complaint under oath of any conservator or guardian, may cite any person who has been entrusted by such conservator or guardian with any part of the estate of the ward, any current, suspended, or former conservator or guardian of the ward, …
Neb. Rev. Stat. § 30-406 Complaint; person cited; proceedings; where held; failure to appear or answer interrogatories; penalty; appointment of special administrator or other special fiduciary.
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(1) If any such person as described in sections 30-402 to 30-405 is not in the county where administration is granted, the proceedings under sections 30-402 to 30-405 may be had before the county judge of the county where such person resides or may be found. A certified copy of t…
Neb. Rev. Stat. § 30-4101 Act, how cited.
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Sections 30-4101 to 30-4118 shall be known and may be cited as the Public Guardianship Act.
Neb. Rev. Stat. § 30-4102 Legislative findings.
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(1) The Legislature finds that the present system of obtaining a guardian or conservator for an individual, which often depends on volunteers, is inadequate when there is no willing and qualified family member or other person available or willing to serve as guardian or conservat…
Neb. Rev. Stat. § 30-4103 Terms, defined.
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For purposes of the Public Guardianship Act: (1) Council means the Advisory Council on Public Guardianship; (2) Multidisciplinary team means the team of professionals hired by the Public Guardian pursuant to section 30-4104; (3) Office means the Office of Public Guardian; (4) Pri…
Neb. Rev. Stat. § 30-4104 Office of Public Guardian; created; Public Guardian; qualifications; duties; multidisciplinary team; members; associate public guardian legal counsel.
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(1) The office is created within the judicial branch of government and is directly responsible to the State Court Administrator. The State Court Administrator shall appoint a director of the office who shall be known as the Public Guardian. The Public Guardian shall be an attorne…
Neb. Rev. Stat. § 30-4105 Office of Public Guardian; duties.
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The office: (1) Shall provide immediate response when a guardian or conservator is needed in an emergency situation; (2) Shall provide an option upon the resignation, removal, or discharge of a guardian or conservator so that there is no lapse in service to the ward or protected …
Neb. Rev. Stat. § 30-4106 Advisory Council on Public Guardianship; created; members.
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The Advisory Council on Public Guardianship is created. The council shall be appointed by the State Court Administrator, be comprised of individuals from a variety of disciplines who are knowledgeable in guardianship and conservatorship, and be representative of the geographical …
Neb. Rev. Stat. § 30-4107 Advisory Council on Public Guardianship; members; terms; vacancy; officers.
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The State Court Administrator shall appoint initial members of the council for staggered terms of one, two, or three years as designated by the State Court Administrator. All subsequent appointments shall be made for terms of three years. Any vacancy on the council shall be fille…
Neb. Rev. Stat. § 30-4108 Advisory Council on Public Guardianship; duties; meetings; expenses.
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(1) The council shall advise the Public Guardian on the administration of public guardianship and public conservatorship. (2) The council shall meet at least four times per year and at other times deemed necessary to perform its functions upon the call of the chairperson. Members…
Neb. Rev. Stat. § 30-4109 Public Guardian; duties.
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Consistent with the purposes and objectives of the Public Guardianship Act and in consultation with the council, the Public Guardian shall: (1) Develop a uniform system of reporting and collecting statistical data regarding guardianships and conservatorships; (2) Develop and adop…
Neb. Rev. Stat. § 30-4110 Rules.
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The Supreme Court, upon recommendation by the Public Guardian, in consultation with the council, shall promulgate rules to carry out the Public Guardianship Act.
Neb. Rev. Stat. § 30-4111 Reports; contents.
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The Public Guardian shall report to the State Court Administrator as directed by the State Court Administrator. The Public Guardian shall report to the Chief Justice and the Legislature on the implementation of the Public Guardianship Act on or before January 1 of each year. The …
Neb. Rev. Stat. § 30-4112 Appointment of Public Guardian as guardian or conservator.
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A court may order appointment of the Public Guardian as a guardian or conservator only after notice to the Public Guardian and a determination that the appointment or order is necessary and will not result in the Public Guardian having more appointments than permitted by section …
Neb. Rev. Stat. § 30-4113 Fees.
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The office shall charge fees pursuant to the guidelines developed pursuant to section 30-4109 unless modified or waived by the court.
Neb. Rev. Stat. § 30-4114 Successor guardian or successor conservator; report; court filing.
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(1) Once the Public Guardian is appointed as guardian or conservator, the office shall make a reasonable effort to locate a successor guardian or successor conservator. By June 30 and January 1 of each year, the office shall file an aggregate report with the State Court Administr…
Neb. Rev. Stat. § 30-4115 Office; responsibilities and duties; Public Guardian; limitation on appointment; notice.
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(1)(a) The office shall maintain the appropriate personnel and workload scope necessary to fulfill all its responsibilities and duties under the Public Guardianship Act. (b) The office shall provide appropriate and high-quality care and support, including timely decisionmaking, t…
Neb. Rev. Stat. § 30-4116 Public Guardian; appointment; powers; duties.
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(1) When the court appoints the Public Guardian as guardian or conservator for an individual, the Public Guardian immediately succeeds to (a) all powers and duties of a guardian provided in sections 30-2626 and 30-2628, if appointed a guardian, or (b) all powers and duties of a c…
Neb. Rev. Stat. § 30-4117 Discharge of Public Guardian; when.
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The Public Guardian may be discharged by a court with respect to any of the authority granted over a ward or protected person upon petition of such individual, any interested party, or the Public Guardian or upon the court's own motion when it appears that the services of the Pub…
Neb. Rev. Stat. § 30-4118 Public Guardianship Cash Fund; created; use; investment.
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The Public Guardianship Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall consist of money remitted pursuant to the Public Guardianship Act. The fund shall only be used to support the Public Guardianship Act. Any money in the fund avail…
Neb. Rev. Stat. § 30-4201 Legislative findings.
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The Legislature finds that it is in the best interests of persons under disability and the public for the authorities and responsibilities of a guardian ad litem to be expanded to include an objective investigation and assessment of the needs of a person who comes before the cour…
Neb. Rev. Stat. § 30-4202 Guardian ad litem; qualifications; rules; act as own counsel, when.
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(1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall: (a) Be an attorney in good standing admitted to the practice of law in the State of Nebraska and meet any other requirements imposed by the Supreme Court; and (b) Before serving as a guardian ad litem,…
Neb. Rev. Stat. § 30-4203 Guardian ad litem; duties; powers.
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(1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall: (a) Consult with the person for whom he or she has been appointed within two weeks after the appointment for such person and make every reasonable effort to become familiar with the condition of such p…
Neb. Rev. Stat. § 30-4204 Right to obtain information; admissible in evidence.
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The guardian ad litem may obtain, informally or by subpoena, the following information regarding the person for whom the guardian ad litem has been appointed: (1) A report from any medical provider, provider of psychological services, law enforcement, adult protective services ag…
Neb. Rev. Stat. § 30-4205 Recommendation regarding guardianship, conservatorship, or protective order; written report; contents.
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(1) The guardian ad litem shall make recommendations to the court regarding a temporary or permanent guardianship, conservatorship, or other protective order. The report shall be in writing and provided to the court at least one week prior to the hearing date. A copy of the repor…
Neb. Rev. Stat. § 30-4206 Information considered; court orders; refusal to produce document; remedy.
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(1) In carrying out his or her powers and duties as a guardian ad litem, the guardian ad litem shall consider any information that is warranted by the nature and circumstances of each guardianship, conservatorship, or other protective proceeding. (2) The guardian ad litem may pet…
Neb. Rev. Stat. § 30-4207 Filing of petition or other motion.
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The guardian ad litem may file a petition and any other motion the guardian ad litem deems to be in the best interests of the person for whom the guardian ad litem has been appointed.
Neb. Rev. Stat. § 30-4208 Control over person or property or affairs.
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A guardian ad litem shall not have indirect or direct physical control over a person for whom the guardian ad litem has been appointed. A guardian ad litem shall not have indirect or direct control over the property or affairs of a person for whom the guardian ad litem has been a…
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…