Nebraska § 30-4016 Judicial relief

Nebraska Statutes

§ 30-4016 — Judicial relief

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

(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.

Nebraska § 30-4016 (Judicial relief) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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).