Nebraska § 30-4035 Claims and litigation

Nebraska Statutes

§ 30-4035 — Claims and litigation

Nebraska § 30-4035

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

This text of Nebraska § 30-4035 (Claims and litigation) 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. § 30-4035 (2026).

Text

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

(1)Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2)Bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3)Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a ju

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Unless the power of attorney
otherwise provides, language in a power of attorney granting general authority
with respect to claims and litigation authorizes the agent to:
(1) Assert and maintain
before a court or administrative agency a claim, claim for relief, cause of
action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by
the principal, eliminate or modify tax liability, or seek an injunction, specific
performance, or other relief;
(2) Bring an action to determine adverse claims or
intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment,
order of arrest, or other preliminary, provisional, or intermediate relief
and use an available procedure to effect or satisfy a judgment, order, or
decree;
(4)
Make or accept a tender, offer of judgment, or admission of facts, submit
a controversy on an agreed statement of facts, consent to examination, and
bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle,
and propose or accept a compromise;
(6) Waive the issuance and service of process upon
the principal, accept service of process, appear for the principal, designate
persons upon which process directed to the principal may be served, execute
and file or deliver stipulations on the principal's behalf, verify pleadings,
seek appellate review, procure and give surety and indemnity bonds, contract
and pay for the preparation and printing of records and briefs, receive, execute,
and file or deliver a consent, waiver, release, confession of judgment, satisfaction
of judgment, notice, agreement, or other instrument in connection with the
prosecution, settlement, or defense of a claim or litigation;
(7) Act for the principal
with respect to bankruptcy or insolvency, whether voluntary or involuntary,
concerning the principal or some other person, or with respect to a reorganization,
receivership, or application for the appointment of a receiver or trustee
which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award,
or order against the principal or a settlement made in connection with a claim
or litigation; and
(9)
Receive money or other thing of value paid in settlement of or as proceeds
of a claim or litigation.