§ 30-4019 — Acceptance of and reliance upon acknowledged power of attorney

Nebraska § 30-4019

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

(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 signature is not genuine may rely upon the presumption under section 30-4005 that the signature is genuine.
(3) A person that in good faith accepts an acknowledged
power of attorney without actual knowledge that the power of attorney is void,
invalid, or terminated, that the purported agent's authority is void, invalid,
or terminated, or that the agent is exceeding or improperly exercising the
agent's authority may rely upon the power of attorney as if the power of attorney
were genuine, valid, and still in effect, the agent's authority were genuine,
valid, and still in effect, and the agent had not exceeded and had properly
exercised the authority.
(4)
A person that is asked to accept an acknowledged power of attorney may request,
and rely upon, without further investigation:
(a) An agent's certification under
penalty of perjury of any factual matter concerning the principal, agent,
or power of attorney;
(b)
An English translation of the power of attorney if the power of attorney contains,
in whole or in part, language other than English; and
(c) An opinion of counsel as to
any matter of law concerning the power of attorney if the person making the
request provides in a writing or other record the reason for the request.
(5) An English translation
or an opinion of counsel requested under this section must be provided at
the principal's expense unless the request is made more than seven business
days after the power of attorney is presented for acceptance.
(6) For purposes of this
section and section 30-4020 , a person that conducts activities through employees
is without actual knowledge of a fact relating to a power of attorney, a principal,
or an agent if the employee conducting the transaction involving the power
of attorney is without actual knowledge of the fact.

Legislative History

Source: Laws 2012, LB1113, § 19.