(1) The following persons may petition
a court to construe a power of attorney or review the agent's conduct and
grant appropriate relief:
(a) The principal or
the agent;
(b)
A guardian, conservator, or other fiduciary acting for the principal;
(c) A person authorized
to make health care decisions for the principal;
(d) The principal's spouse, parent,
or issue;
(e)
An individual who would qualify as a presumptive heir of the principal or
would otherwise qualify as a devisee under a will that remains unrevoked;
(f) A person named as
a beneficiary to receive any property, benefit, or contractual right on the
principal's death or as a beneficiary of a trust created by or for the principal
that has a financial interest in the principal's estate;
(g) A governmental agency
having regulatory authority to protect the welfare of the principal;
(h) The principal's caregiver
or another person that demonstrates sufficient interest in the principal's
welfare; and
(i)
A person asked to accept the power of attorney.
(2) Upon motion by the principal,
the court shall dismiss a petition filed under this section, unless the court
finds that the principal lacks capacity to revoke the agent's authority or
the power of attorney.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2020–2025 · leading case:
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
· cites it 3× “He first notes the introducer’s statement that the purpose of L.B. 314 was “to clearly define the jurisdiction of the County Court in one statutory section.”
In re Trust of Cook, 947 N.W.2d 870 (Neb. Ct. App. 2020).
· cites it 12× “While Lloyd at one point - 645 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports IN RE TRUST OF COOK served as attorney in fact under health care and financial powers of attorney for Cook, he voluntarily resigned from these positions in July 2017, before…”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
· cites it 3× “He first notes the introducer’s statement that the purpose of L.B. 314 was “to clearly define the jurisdiction of the County Court in one statutory section.”
Kimball v. Rosedale Ranch, 24 N.W.3d 841 (Neb. 2025).
· cites it 2× “2d 169 (2019) (explaining that in Nebraska, Legislature may provide by statute who has standing to pursue relief).”
In re Guardianship of Elizabeth C., 985 N.W.2d 37 (Neb. Ct. App. 2023).
“Because the county court has exclusive jurisdiction in probate matters and concurrent jurisdiction under the NUPOAA to “review the agent’s conduct and grant appropriate relief,” see § 30-4016(1), we determine that the county court had jurisdiction to rule on the motion pursuant…”
Neb. Rev. Stat. § 30-4016(1): 5 cases
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
“He first notes the introducer’s statement that the purpose of L.B. 314 was “to clearly define the jurisdiction of the County Court in one statutory section.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
“He first notes the introducer’s statement that the purpose of L.B. 314 was “to clearly define the jurisdiction of the County Court in one statutory section.”
Kimball v. Rosedale Ranch, 24 N.W.3d 841 (Neb. 2025).
“2d 169 (2019) (explaining that in Nebraska, Legislature may provide by statute who has standing to pursue relief).”
In re Guardianship of Elizabeth C., 985 N.W.2d 37 (Neb. Ct. App. 2023).
“Because the county court has exclusive jurisdiction in probate matters and concurrent jurisdiction under the NUPOAA to “review the agent’s conduct and grant appropriate relief,” see § 30-4016(1), we determine that the county court had jurisdiction to rule on the motion pursuant…”
Neb. Rev. Stat. § 30-4016(1)(d): 2 cases
Kimball v. Rosedale Ranch, 24 N.W.3d 841 (Neb. 2025).
“2d 169 (2019) (explaining that in Nebraska, Legislature may provide by statute who has standing to pursue relief).”
Neb. Rev. Stat. § 30-4016(1)(e): 1 case
In re Trust of Cook, 947 N.W.2d 870 (Neb. Ct. App. 2020).
“While Lloyd at one point - 645 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports IN RE TRUST OF COOK served as attorney in fact under health care and financial powers of attorney for Cook, he voluntarily resigned from these positions in July 2017, before…”
Neb. Rev. Stat. § 30-4016(1)(f): 1 case
In re Trust of Cook, 947 N.W.2d 870 (Neb. Ct. App. 2020).
“While Lloyd at one point - 645 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports IN RE TRUST OF COOK served as attorney in fact under health care and financial powers of attorney for Cook, he voluntarily resigned from these positions in July 2017, before…”
Neb. Rev. Stat. § 30-4016(1)(h): 1 case
In re Trust of Cook, 947 N.W.2d 870 (Neb. Ct. App. 2020).
“While Lloyd at one point - 645 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports IN RE TRUST OF COOK served as attorney in fact under health care and financial powers of attorney for Cook, he voluntarily resigned from these positions in July 2017, before…”
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