Nebraska § 30-4045 Effect on existing powers of attorney

Nebraska Statutes

§ 30-4045 — Effect on existing powers of attorney

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

Except as otherwise provided in the Nebraska Uniform Power of Attorney Act, on January 1, 2013:

(1)The act applies to a power of attorney created before, on, or after January 1, 2013;

(2)The act applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2013;

(3)The act applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2013, unless the court finds that application of a provision of the act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4)An act done before January 1, 2013, is not affected by the act.

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Except as otherwise provided
in the Nebraska Uniform Power of Attorney Act, on January 1, 2013:
(1) The act applies to
a power of attorney created before, on, or after January 1, 2013;
(2) The act applies to
a judicial proceeding concerning a power of attorney commenced on or after
January 1, 2013;
(3)
The act applies to a judicial proceeding concerning a power of attorney commenced
before January 1, 2013, unless the court finds that application of a provision
of the act would substantially interfere with the effective conduct of the
judicial proceeding or prejudice the rights of a party, in which case that
provision does not apply and the superseded law applies; and
(4) An act done before
January 1, 2013, is not affected by the act.

Nebraska § 30-4045 (Effect on existing powers of attorney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 2012, LB1113, § 45. Annotations: The Nebraska Uniform Power of Attorney Act does not apply retroactively to an agent's actions prior to January 1, 2013. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020). The provision of the Nebraska Uniform Power of Attorney Act governing retroactivity should be construed similarly to section 30-38,110, the comparable provision of the Nebraska Uniform Trust Code. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).