Nebraska § 30-4016 Judicial relief

Nebraska Statutes

§ 30-4016 — Judicial relief

Nebraska § 30-4016

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-4016 (Judicial relief) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-4016 (2026).

Text

(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 health care decisions for the principal;

(d)The principal's spouse, parent, or issue;

(e)An individual who would qualify as a presumptive heir of the principal or would otherwise qualify as a devisee under a will that remains unrevoked;

(f)A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(g)A governmental agency having regulatory auth

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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 health care decisions for the principal;
(d) The principal's spouse, parent,
or issue;
(e)
An individual who would qualify as a presumptive heir of the principal or
would otherwise qualify as a devisee under a will that remains unrevoked;
(f) A person named as
a beneficiary to receive any property, benefit, or contractual right on the
principal's death or as a beneficiary of a trust created by or for the principal
that has a financial interest in the principal's estate;
(g) A governmental agency
having regulatory authority to protect the welfare of the principal;
(h) The principal's caregiver
or another person that demonstrates sufficient interest in the principal's
welfare; and
(i)
A person asked to accept the power of attorney.
(2) Upon motion by the principal,
the court shall dismiss a petition filed under this section, unless the court
finds that the principal lacks capacity to revoke the agent's authority or
the power of attorney.

Legislative History

Source: Laws 2012, LB1113, § 16. Annotations: Subsection (1)(e) of this section pertains to a "presumptive heir," which necessarily relates to a decedent's blood relatives. In re Trust of Cook, 28 Neb. App. 624, 947 N.W.2d 870 (2020).