Nebraska Revised Statutes

Neb. Rev. Stat. § 30-4045 (2026)

Effect on existing powers of attorney

✓ current as of July 2026
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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of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and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.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2015–2025 · leading case: In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). · cites it 19× “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
Cisneros v. Graham, 881 N.W.2d 878 (Neb. 2016). “The Nebraska UPOAA became effective on January 1, 2013, and § 30-4045(1) of the Nebraska UPOAA states that “[t]he act applies to a power of attorney created before, on, or after January 1, 2013.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). · cites it 19× “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Trust of Failla (Neb. Ct. App. 2016). · cites it 8× “However, Neb. Rev. Stat. § 30-4045 states: 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…”
Kimball v. Rosedale Ranch, 319 Neb. 650 (Neb. 2025). “See § 30-4045. See, also, In re Estate of Adelung, 306 Neb.”
Kimball v. Rosedale Ranch, 319 Neb. 650 (Neb. 2025). “See § 30-4045. See, also, In re Estate of Adelung, 306 Neb.”
In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015). · cites it 2× “2014)), “cre- ated before, on, or after January 1, 2013” ( Neb. Rev. Stat. § 30-4045 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 30-4045(1) — 4 cases
Cisneros v. Graham, 881 N.W.2d 878 (Neb. 2016). “The Nebraska UPOAA became effective on January 1, 2013, and § 30-4045(1) of the Nebraska UPOAA states that “[t]he act applies to a power of attorney created before, on, or after January 1, 2013.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Trust of Failla (Neb. Ct. App. 2016). “However, Neb. Rev. Stat. § 30-4045 states: 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…”
— Neb. Rev. Stat. § 30-4045(2) — 3 cases
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Trust of Failla (Neb. Ct. App. 2016). “However, Neb. Rev. Stat. § 30-4045 states: 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…”
— Neb. Rev. Stat. § 30-4045(3) — 3 cases
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Trust of Failla (Neb. Ct. App. 2016). “However, Neb. Rev. Stat. § 30-4045 states: 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…”
— Neb. Rev. Stat. § 30-4045(4) — 3 cases
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “Neb. Rev. Stat. § 30-4045 (Reissue 2016)—the provi- sion of the Nebraska Uniform Power of Attorney Act governing retro- activity—should be construed similarly to Neb.”
In re Trust of Failla (Neb. Ct. App. 2016). “However, Neb. Rev. Stat. § 30-4045 states: 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…”
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