(1) A petition may be filed for any one or more of the following purposes:
(a) To determine whether the power of attorney for health care is in effect or has been revoked or terminated;
(b) To determine whether the acts or proposed acts of the attorney in fact are consistent with the wishes of the principal as expressed in the power of attorney for health care or otherwise established by clear and convincing evidence or, when the wishes of the principal are unknown, whether the acts or proposed acts of the attorney in fact are clearly contrary to the best interests of the principal;
(c) To declare that the power of attorney for health care is revoked upon a determination that the attorney in fact made or proposed to make a health care decision for the principal that authorized an illegal act or omission; or
(d) To declare that the power of attorney for health care is revoked upon a determination by the court of both of the following: (i) That the attorney in fact has violated, failed to perform, or is unable to perform the duty to act in a manner consistent with the wishes of the principal or, when the desires of the principal are unknown, to act in a manner that is in the best interests of the principal; and (ii) that at the time of the determination by the court, the principal lacks the capacity to revoke the power of attorney for health care.
(2) A petition under this section shall be filed with the county court of the county in which the principal resides or is located.
Notes of Decisions
In re Trust Created by Nabity (Neb. 2014).
· cites it 12× “He argued that the 1998 health care power of attor- ney should be revoked pursuant to Neb. Rev. Stat. § 30-3421 (Reissue 2008), because even if it was effective, the attorneys in fact had failed to “act in a manner consistent with the wishes of the principal or in the best…”
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015).
· cites it 4× “Under Neb. Rev. Stat. § 30-3421 (Reissue 2008), a court can revoke a power of attorney for health care upon finding (1) that the attorney in fact has violated, failed to perform, or is unable to perform the duty to act in a manner consistent with the principal’s wishes or, when…”
— Neb. Rev. Stat. § 30-3421(1) — 1 case
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015).
“Under Neb. Rev. Stat. § 30-3421 (Reissue 2008), a court can revoke a power of attorney for health care upon finding (1) that the attorney in fact has violated, failed to perform, or is unable to perform the duty to act in a manner consistent with the principal’s wishes or, when…”
— Neb. Rev. Stat. § 30-3421(1)(d) — 2 cases
In re Trust Created by Nabity (Neb. 2014).
“He argued that the 1998 health care power of attor- ney should be revoked pursuant to Neb. Rev. Stat. § 30-3421 (Reissue 2008), because even if it was effective, the attorneys in fact had failed to “act in a manner consistent with the wishes of the principal or in the best…”
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015).
“Under Neb. Rev. Stat. § 30-3421 (Reissue 2008), a court can revoke a power of attorney for health care upon finding (1) that the attorney in fact has violated, failed to perform, or is unable to perform the duty to act in a manner consistent with the principal’s wishes or, when…”
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