reglab/housing_qa huggingface dataset:
NE Code § 30-4045 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4045 - Effect on existing powers of attorney.

30-4045.  Effect on existing powers of attorney.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of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and(4) An act done before January 1, 2013, is not affected by the act.Source Laws 2012, LB1113, § 45.Annotations  The Nebraska Uniform Power of Attorney Act does not apply retroactively to an agent's actions prior to January 1, 2013. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020). The provision of the Nebraska Uniform Power of Attorney Act governing retroactivity should be construed similarly to section 30-38,110, the comparable provision of the Nebraska Uniform Trust Code. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).
NE Code § 30-4101 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4101 - Act, how cited.

30-4101.  Act, how cited.Sections 30-4101 to 30-4118 shall be known and may be cited as the Public Guardianship Act.Source Laws 2014, LB920, § 1.
NE Code § 30-4102 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4102 - Legislative findings.

30-4102.  Legislative findings.(1) The Legislature finds that the present system of obtaining a guardian or conservator for an individual, which often depends on volunteers, is inadequate when there is no willing and qualified family member or other person available or willing to serve as guardian or conservator for such individual. The Legislature finds that there is a need to provide guardians and conservators when there is no one suitable or available with priority to serve the needs of such individual. The Legislature intends that establishment of the Office of Public Guardian will provide services for individuals when no private guardian or private conservator is available. The Legislature also finds that alternatives to full guardianship and less intrusive means of intervention should always be explored, including, but not limited to, limited guardianship, temporary guardianship, conservatorship, or the appointment of a payee. It is the intent of the Legislature to provide a public guardian or public conservator only to those individuals whose needs cannot be met through less intrusive means of intervention.(2) The Legislature finds that:(a) All individuals in need of a guardian or conservator shall have the opportunity to have one appointed for them;(b) The priorities for appointment in sections 30-2601 to 30-2661 are appropriate in most instances;(c) There are individuals in need of guardians or conservators for whom persons that have priority are unwilling, unable, or inappropriate to become a guardian or conservator;(d) Guardians and conservators under the current system do not always carry out the assigned duties in a way that protects the individual and, in fact, sometimes carry out the duties in a way that abuses or neglects the individual; and(e) For those for whom no person is available for appointment as guardian or conservator, the Office of Public Guardian may provide necessary services.Source Laws 2014, LB920, § 2.
NE Code § 30-4103 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4103 - Terms, defined.

30-4103.  Terms, defined.For purposes of the Public Guardianship Act:(1) Council means the Advisory Council on Public Guardianship;(2) Multidisciplinary team means the team of professionals hired by the Public Guardian pursuant to section 30-4104;(3) Office means the Office of Public Guardian;(4) Private conservator means an individual or a corporation with general power to serve as trustee who is not with the office and who is appointed by the court to act as conservator for a protected person;(5) Private guardian means any person who is not with the office and who is appointed by the court to act as guardian for a ward;(6) Protected person is as defined in section 30-2601;(7) Public Guardian means the director of the office;(8) Successor conservator means an individual or a corporation with general power to serve as trustee who is recruited by the office to become a conservator for a protected person previously served by the office;(9) Successor guardian means a person or entity who is recruited by the office to become a guardian for a ward previously served by the office; and(10) Ward is as defined in section 30-2601.Source  Laws 2014, LB920, § 3;  Laws 2016, LB934, § 28.
NE Code § 30-4104 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4104 - Office of Public Guardian; created; Public Guardian; qualifications; duties; multidisciplinary team; members; associate public guardian legal counsel.

30-4104.  Office of Public Guardian; created; Public Guardian; qualifications; duties; multidisciplinary team; members; associate public guardian legal counsel.(1) The office is created within the judicial branch of government and is directly responsible to the State Court Administrator. The State Court Administrator shall appoint a director of the office who shall be known as the Public Guardian. The Public Guardian shall be an attorney licensed to practice law in Nebraska, shall be hired based on a broad knowledge of human development, intellectual disabilities, sociology, and psychology, and shall have business acuity and experience in public education and volunteer recruitment.(2) The Public Guardian shall hire a multidisciplinary team of professionals to fulfill the responsibilities of the Public Guardianship Act. The multidisciplinary team shall include a deputy public guardian and may include one or more associate public guardian legal counsel, associate public guardians, administrative personnel, and any other personnel the Public Guardian deems appropriate. In addition, the Public Guardian may hire support staff as required. The multidisciplinary team may include professionals trained in law, health care, social work, education, business, accounting, administration, geriatrics, psychology, or other specialties with experience working with individuals with dementia, developmental disabilities, chronic and acute medical needs, mental health issues, substance abuse, or other conditions that are served by the Public Guardian.(3) An associate public guardian legal counsel shall be an attorney licensed to practice law in Nebraska. The deputy public guardian shall be an attorney licensed to practice law in Nebraska unless the State Court Administrator directs otherwise.(4) Legal representation provided by the Public Guardian, deputy public guardian, and associate public guardian legal counsel shall be limited to representing the Public Guardian and his or her designees in the roles and responsibilities of a court-appointed guardian or conservator in accordance with the Public Guardianship Act.(5) The Public Guardian shall assume all the duties and responsibilities of a guardian and conservator for any individual appointed to his or her supervision and may designate authority to act on his or her behalf to the deputy public guardian, associate public guardian legal counsel, and associate public guardians. The Public Guardian shall administer public guardianship and public conservatorship and shall serve as staff to the council.Source  Laws 2014, LB920, § 4;  Laws 2016, LB934, § 29.
NE Code § 30-4105 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4105 - Office of Public Guardian; duties.

30-4105.  Office of Public Guardian; duties.The office:(1) Shall provide immediate response when a guardian or conservator is needed in an emergency situation;(2) Shall provide an option upon the resignation, removal, or discharge of a guardian or conservator so that there is no lapse in service to the ward or protected person;(3) Shall provide equal access and protection for all individuals in need of guardianship or conservatorship services;(4) Shall promote or provide public education to increase the awareness of the duties of guardians and conservators and encourage more people to serve as private guardians or private conservators;(5) Shall recruit members of the general public or family members to serve as guardians or conservators and provide adequate training and support to enhance their success;(6) Shall act as a resource to persons already serving as guardians or conservators for education, information, and support;(7) Shall safeguard the rights of individuals by exploring all options available to support individuals in the least restrictive manner possible and seek full guardianship only as a last resort; and(8) Shall model the highest standard of practice for guardians and conservators to improve the performance of all guardians and conservators in the state.Source Laws 2014, LB920, § 5.
NE Code § 30-4106 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4106 - Advisory Council on Public Guardianship; created; members.

30-4106.  Advisory Council on Public Guardianship; created; members.The Advisory Council on Public Guardianship is created. The council shall be appointed by the State Court Administrator, be comprised of individuals from a variety of disciplines who are knowledgeable in guardianship and conservatorship, and be representative of the geographical and cultural diversity of the state and reflect gender fairness. The council shall consist of the following members: A representative of the Nebraska County Court Judges Association, attorneys licensed to practice law in this state, social workers, mental health professionals, professionals with expertise in the aging population, developmental disability professionals, and other interested groups or individuals.Source Laws 2014, LB920, § 6.
NE Code § 30-4107 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4107 - Advisory Council on Public Guardianship; members; terms; vacancy; officers.

30-4107.  Advisory Council on Public Guardianship; members; terms; vacancy; officers.The State Court Administrator shall appoint initial members of the council for staggered terms of one, two, or three years as designated by the State Court Administrator. All subsequent appointments shall be made for terms of three years. Any vacancy on the council shall be filled in the same manner in which the original appointment was made and for the duration of the term vacated. Appointments of initial members of the council shall be made within ninety days after January 1, 2015. The council shall select a chairperson, a vice-chairperson, and such other officers as it deems necessary.Source Laws 2014, LB920, § 7.
NE Code § 30-4108 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4108 - Advisory Council on Public Guardianship; duties; meetings; expenses.

30-4108.  Advisory Council on Public Guardianship; duties; meetings; expenses.(1) The council shall advise the Public Guardian on the administration of public guardianship and public conservatorship.(2) The council shall meet at least four times per year and at other times deemed necessary to perform its functions upon the call of the chairperson. Members of the council shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.Source  Laws 2014, LB920, § 8;  Laws 2020, LB381, § 25.
NE Code § 30-4109 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4109 - Public Guardian; duties.

30-4109.  Public Guardian; duties.Consistent with the purposes and objectives of the Public Guardianship Act and in consultation with the council, the Public Guardian shall:(1) Develop a uniform system of reporting and collecting statistical data regarding guardianships and conservatorships;(2) Develop and adopt a standard of practice and code of ethics for public guardianship and public conservatorship;(3) Prepare a biennial budget for the implementation of the act;(4) Develop guidelines for a sliding scale of fees to be charged for public guardianship and public conservatorship services;(5) Maintain, in conjunction with private and other public resources, a curricula for training sessions to be made available for successor guardians and successor conservators and private guardians and private conservators;(6) Maintain training programs available statewide to offer the training curricula for interested parties to include:(a) Helping a guardian understand his or her ward's disabilities and a conservator understand his or her fiduciary duties with respect to his or her protected person;(b) Helping a guardian encourage increased independence on the part of his or her ward, as appropriate;(c) Helping a guardian with the preparation and revision of guardianship plans and reports and a conservator with the preparation and revision of accountings; and(d) Advising a guardian or conservator on ways to secure rights, benefits, and services to which his or her ward or protected person is entitled;(7) Promote public awareness of guardianship and conservatorship, the responsibilities attached, and the need for more private guardians and private conservators; and(8) Apply for and receive funds from public and private sources for carrying out the purposes and obligations of the act.Source Laws 2014, LB920, § 9.
NE Code § 30-4110 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4110 - Rules.

30-4110.  Rules.The Supreme Court, upon recommendation by the Public Guardian, in consultation with the council, shall promulgate rules to carry out the Public Guardianship Act.Source Laws 2014, LB920, § 10.
NE Code § 30-4111 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4111 - Reports; contents.

30-4111.  Reports; contents.The Public Guardian shall report to the State Court Administrator as directed by the State Court Administrator. The Public Guardian shall report to the Chief Justice and the Legislature on the implementation of the Public Guardianship Act on or before January 1 of each year. The report to the Legislature shall be made electronically. The report shall include the number and types of guardianships and conservatorships for which the Public Guardian has been appointed, including full guardianships, limited guardianships, and temporary guardianships, the disposition of those appointments, the amount of guardianship and conservatorship fees charged and collected under the act, and the status of the waiting list for public guardianship and public conservatorship services.Source Laws 2014, LB920, § 11.
NE Code § 30-4112 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4112 - Appointment of Public Guardian as guardian or conservator.

30-4112.  Appointment of Public Guardian as guardian or conservator.A court may order appointment of the Public Guardian as a guardian or conservator only after notice to the Public Guardian and a determination that the appointment or order is necessary and will not result in the Public Guardian having more appointments than permitted by section 30-4115. The determination of necessity may require the court to ascertain whether there is any other alternative to public guardianship or public conservatorship.Source Laws 2014, LB920, § 12.
NE Code § 30-4113 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4113 - Fees.

30-4113.  Fees.The office shall charge fees pursuant to the guidelines developed pursuant to section 30-4109 unless modified or waived by the court.Source Laws 2014, LB920, § 13.
NE Code § 30-4114 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4114 - Successor guardian or successor conservator; report; court filing.

30-4114.  Successor guardian or successor conservator; report; court filing.(1) Once the Public Guardian is appointed as guardian or conservator, the office shall make a reasonable effort to locate a successor guardian or successor conservator. By June 30 and January 1 of each year, the office shall file an aggregate report with the State Court Administrator describing its efforts to locate a successor guardian or successor conservator.(2) Upon location of a successor guardian or successor conservator, the office shall file a motion with the court for termination or modification of the guardianship or conservatorship. Availability of a successor guardian or successor conservator shall be deemed a change in the suitability of the office for carrying out its powers and duties under section 30-4105.Source Laws 2014, LB920, § 14.
NE Code § 30-4115 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4115 - Office; responsibilities and duties; Public Guardian; limitation on appointment; notice.

30-4115.  Office; responsibilities and duties; Public Guardian; limitation on appointment; notice.(1)(a) The office shall maintain the appropriate personnel and workload scope necessary to fulfill all its responsibilities and duties under the Public Guardianship Act.(b) The office shall provide appropriate and high-quality care and support, including timely decisionmaking, to all public wards and public protected persons served by the Public Guardian and his or her designees.(c) Public guardianship and public conservatorship cases shall be managed by the Public Guardian and be served by the multidisciplinary team through a caseload distribution of wards and protected persons that takes into consideration the:(i) Identified needs of the service population;(ii) Complexity and status of each case, based upon factors such as the individual’s living situation, the type of guardianship being provided, or the existence of complex medical conditions;(iii) Size of the geographical area covered;(iv) Qualifications and professional expertise of each team member;(v) Availability of auxiliary services by support staff and volunteers;(vi) Organizational responsibilities; and(vii) Applicable legal requirements.(2) The Public Guardian may accept an appointment as a public guardian or public conservator for an individual not to exceed an average ratio of twenty public wards or public protected persons to each member of the multidisciplinary team. When determining such average ratio, all full-time members of the office's multidisciplinary team may be counted.(3) When the average ratio described in subsection (2) of this section has been reached, the Public Guardian shall not accept further appointments. The Public Guardian, upon reaching the maximum number of appointments, shall notify the State Court Administrator that such maximum number of appointments has been reached.Source  Laws 2014, LB920, § 15;  Laws 2016, LB934, § 30.
NE Code § 30-4116 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4116 - Public Guardian; appointment; powers; duties.

30-4116.  Public Guardian; appointment; powers; duties.(1) When the court appoints the Public Guardian as guardian or conservator for an individual, the Public Guardian immediately succeeds to (a) all powers and duties of a guardian provided in sections 30-2626 and 30-2628, if appointed a guardian, or (b) all powers and duties of a conservator provided in sections 30-2646, 30-2647, 30-2653, 30-2654, 30-2655, 30-2656, and 30-2657, if appointed a conservator.(2) The Public Guardian shall:(a) Be considered as an interested party in the welfare of the ward or protected person to which the Public Guardian is nominated. If the office is unable to accept the nomination due to its caseload or the status of its client-to-staff average ratio under section 30-4115, good cause shall be presumed to exist to deny its appointment. In such event, the appearance of the office shall no longer be required and the Public Guardian shall no longer be considered an interested party;(b) Not file petitions for guardianships or conservatorships. After being appointed in a case, the Public Guardian may file a motion for termination, a motion for modification, or take any other legal action required to fulfill the duties and responsibilities of a guardian or conservator in accordance with the Public Guardianship Act;(c) Visit the facility in which the ward or protected person is to be placed if it is proposed that the individual be placed outside his or her home; and(d) Monitor the ward or protected person and his or her care and progress on a continuing basis. Monitoring shall, at a minimum, consist of monthly personal contact with the ward or protected person. The Public Guardian shall maintain a written record of each visit with a ward or protected person. The Public Guardian shall maintain periodic contact with all individuals and agencies, public or private, providing care or related services to the ward or protected person.Source  Laws 2014, LB920, § 16;  Laws 2016, LB934, § 31.
NE Code § 30-4117 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4117 - Discharge of Public Guardian; when.

30-4117.  Discharge of Public Guardian; when.The Public Guardian may be discharged by a court with respect to any of the authority granted over a ward or protected person upon petition of such individual, any interested party, or the Public Guardian or upon the court's own motion when it appears that the services of the Public Guardian are no longer necessary.Source Laws 2014, LB920, § 17.
NE Code § 30-4118 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4118 - Public Guardianship Cash Fund; created; use; investment.

30-4118.  Public Guardianship Cash Fund; created; use; investment.The Public Guardianship Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall consist of money remitted pursuant to the Public Guardianship Act. The fund shall only be used to support the Public Guardianship Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source Laws 2014, LB920, § 18.Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 30-4201 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4201 - Legislative findings.

30-4201.  Legislative findings.The Legislature finds that it is in the best interests of persons under disability and the public for the authorities and responsibilities of a guardian ad litem to be expanded to include an objective investigation and assessment of the needs of a person who comes before the court in any guardianship, conservatorship, or other protective proceeding to ensure the protection of the rights of the person who is the subject of the proceeding. The Legislature also finds that the public is benefited from having trustworthy and competent guardians and conservators appointed for incapacitated persons, wards, protected persons, and minors.Source Laws 2016, LB934, § 14.