§ 30-4036 — Personal and family maintenance

Nebraska § 30-4036

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

Text

(1) Unless the power
of attorney otherwise provides, language in a power of attorney granting general
authority with respect to personal and family maintenance authorizes the agent
to:
(a) Perform the acts
necessary to maintain the customary standard of living of the principal, the
principal's spouse, and the following individuals, whether living when the
power of attorney is executed or later born:
(i) The principal's children;
(ii) Other individuals
legally entitled to be supported by the principal; and
(iii) The individuals
whom the principal has customarily supported or indicated the intent to support;
(b) Make periodic payments
of child support and other family maintenance required by a court or governmental
agency or an agreement to which the principal is a party;
(c) Provide living quarters
for the individuals described in subdivision (1)(a) of this subsection by:
(i) Purchase, lease,
or other contract; or
(ii)
Paying the operating costs, including interest, amortization payments, repairs,
improvements, and taxes, for premises owned by the principal or occupied by
those individuals;
(d)
Provide normal domestic help, usual vacations and travel expenses, and funds
for shelter, clothing, food, appropriate education, including postsecondary
and vocational education, and other current living costs for the individuals
described in subdivision (1)(a) of this subsection;
(e) Pay expenses for necessary health
care and custodial care on behalf of the individuals described in subdivision
(1)(a) of this subsection;
(f) Act as the principal's personal representative
pursuant to the Health Insurance Portability and Accountability Act, sections
1171 to 1179 of the Social Security Act, 42 U.S.C. 1320d, as amended, and
applicable regulations, in making decisions related to the past, present,
or future payment for the provision of health care consented to by the principal
or anyone authorized under the law of this state to consent to health care
on behalf of the principal;
(g) Continue any provision made by the principal for
automobiles or other means of transportation, including registering, licensing,
insuring, and replacing them, for the individuals described in subdivision
(1)(a) of this subsection;
(h) Maintain credit and debit accounts for the convenience
of the individuals described in subdivision (1)(a) of this subsection and
open new accounts; and
(i)
Continue payments incidental to the membership or affiliation of the principal
in a religious institution, club, society, order, or other organization or
to continue contributions to those organizations.
(2) Authority with respect to personal
and family maintenance is neither dependent upon, nor limited by, authority
that an agent may or may not have with respect to gifts under the Nebraska
Uniform Power of Attorney Act.

Legislative History

Source: Laws 2012, LB1113, § 36.