Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-3901 Act, how cited.
0.1K chars
Sections 30-3901 to 30-3923 shall be known and may be cited as the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Neb. Rev. Stat. § 30-3902 Definitions.
2.1K chars
In the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: (1) Adult means an individual who has attained nineteen years of age; (2) Conservator means a person appointed by the court to administer the property of an adult, including a person appointed…
Neb. Rev. Stat. § 30-3903 International application of act.
0.2K chars
A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 30-3901 to 30-3917 and 30-3921 to 30-3923.
Neb. Rev. Stat. § 30-3904 Communication between courts.
0.6K chars
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to participate in the communication. Except as otherw…
Neb. Rev. Stat. § 30-3905 Cooperation between courts.
1.6K chars
(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to p…
Neb. Rev. Stat. § 30-3906 Taking testimony in another state.
1.0K chars
(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…
Neb. Rev. Stat. § 30-3907 Definitions; significant connection factors.
1.7K chars
(1) For purposes of sections 30-3907 to 30-3915: (a) Emergency means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is will…
Neb. Rev. Stat. § 30-3908 Exclusive basis.
0.2K chars
Sections 30-3907 to 30-3915 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Neb. Rev. Stat. § 30-3909 Jurisdiction.
1.4K chars
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a…
Neb. Rev. Stat. § 30-3910 Special jurisdiction.
0.9K chars
(1) A court of this state lacking jurisdiction under section 30-3909 has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state; (b) Issue a protective o…
Neb. Rev. Stat. § 30-3911 Exclusive and continuing jurisdiction.
0.4K chars
Except as otherwise provided in section 30-3910, a court that has appointed a guardian or issued a protective order consistent with the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act has exclusive and continuing jurisdiction over the proceeding un…
Neb. Rev. Stat. § 30-3912 Appropriate forum.
1.6K chars
(1) A court of this state having jurisdiction under section 30-3909 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state decl…
Neb. Rev. Stat. § 30-3913 Jurisdiction declined by reason of conduct.
1.9K chars
(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashioni…
Neb. Rev. Stat. § 30-3914 Notice of proceeding.
0.5K chars
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.
1.1K chars
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.
2.6K chars
(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.
2.6K chars
(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.
0.7K chars
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.
0.5K chars
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.
0.6K chars
(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.
0.2K chars
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.
0.4K chars
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.
0.4K chars
(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.
0.1K chars
Sections 30-4001 to 30-4045 may be cited as the Nebraska Uniform Power of Attorney Act.
Neb. Rev. Stat. § 30-4002 Definitions.
3.7K chars
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.
0.6K chars
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.
0.2K chars
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.
0.7K chars
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.
1.1K chars
(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.
0.3K chars
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.
0.8K chars
(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.
1.5K chars
(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.
0.6K chars
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.
2.1K chars
(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.
1.6K chars
(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.
0.2K chars
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.
0.2K chars
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.
3.6K chars
(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.
0.8K chars
(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.
1.2K chars
(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.
0.5K chars
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.
0.6K chars
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.
2.1K chars
(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.
1.7K chars
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.
4.5K chars
(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.
0.1K chars
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.
0.2K chars
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.
0.2K chars
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.
2.4K chars
(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.
0.6K chars
(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…