Nebraska Revised Statutes

Neb. Rev. Stat. § 30-4015 (2026)

Exoneration of agent

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:

(a) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(b) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

(2) An exculpatory term drafted or caused to be drafted by an agent is invalid as an abuse of fiduciary or confidential relationship unless the agent proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the principal.

Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). · cites it 10× “There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). · cites it 10× “There, we determined that it did not apply to the period from February through December 2012.”
Neb. Rev. Stat. § 30-4015(1): 2 cases
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “There, we determined that it did not apply to the period from February through December 2012.”
Neb. Rev. Stat. § 30-4015(1)(b): 2 cases
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “There, we determined that it did not apply to the period from February through December 2012.”
Neb. Rev. Stat. § 30-4015(2): 2 cases
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “There, we determined that it did not apply to the period from February through December 2012.”
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