Nebraska Revised Statutes

Neb. Rev. Stat. § 30-4045 (2026)

Effect on existing powers of attorney

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and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, 947 N.W.2d 269 (Neb. 2020).
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). · cites it 19× “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—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, 947 N.W.2d 269 (Neb. 2020). · cites it 19× “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
Kimball v. Rosedale Ranch, 24 N.W.3d 841 (Neb. 2025). “The Kimball children are, without question, the “issue” of a principal (Richard), and in this action they petitioned the district court to review the conduct of an agent (Helen) under a power of attorney.”
In re Trust of Failla, No. A-15-687, A-15-688 (Neb. Ct. App. Nov. 1, 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, 24 N.W.3d 841 (Neb. 2025). “The Kimball children are, without question, the “issue” of a principal (Richard), and in this action they petitioned the district court to review the conduct of an agent (Helen) under a power of attorney.”
In re Guardianship & Conservatorship of Mueller, 872 N.W.2d 906 (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, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Trust of Failla, No. A-15-687, A-15-688 (Neb. Ct. App. Nov. 1, 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, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Trust of Failla, No. A-15-687, A-15-688 (Neb. Ct. App. Nov. 1, 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, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Trust of Failla, No. A-15-687, A-15-688 (Neb. Ct. App. Nov. 1, 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, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020). “§ 30-4045 (Reissue 2016)—the provision of the Nebraska Uniform Power of Attorney Act governing retroactivity—should be construed similarly to Neb.”
In re Trust of Failla, No. A-15-687, A-15-688 (Neb. Ct. App. Nov. 1, 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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