reglab/housing_qa huggingface dataset:
NE Code § 30-4202 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4202 - Guardian ad litem; qualifications; rules; act as own counsel, when.

30-4202.  Guardian ad litem; qualifications; rules; act as own counsel, when.(1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall:(a) Be an attorney in good standing admitted to the practice of law in the State of Nebraska and meet any other requirements imposed by the Supreme Court; and(b) Before serving as a guardian ad litem, complete the training requirements for a guardian ad litem as provided under Supreme Court rule.(2) The Supreme Court shall promulgate rules for guardians ad litem in guardianship, conservatorship, or other protective proceedings.(3) A guardian ad litem appointed pursuant to the Nebraska Probate Code may act as his or her own counsel and as counsel for the person who is the subject of the guardianship, conservatorship, or other protective proceeding unless such person obtains his or her own counsel or there are special reasons why the guardian ad litem or the person who is the subject of the proceeding should have separate counsel. In such cases, the guardian ad litem shall have the right to counsel and shall be entitled to have the court appoint counsel for him or her without regard to his or her financial ability to retain counsel.Source Laws 2016, LB934, § 15.
NE Code § 30-4204 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4204 - Right to obtain information; admissible in evidence.

30-4204.  Right to obtain information; admissible in evidence.The guardian ad litem may obtain, informally or by subpoena, the following information regarding the person for whom the guardian ad litem has been appointed: (1) A report from any medical provider, provider of psychological services, law enforcement, adult protective services agency, or financial institution; and (2) any account or record of any business, corporation, partnership, or other business entity which such person owns or in which such person has an interest. Any material obtained by a guardian ad litem pursuant to this section is admissible in evidence.Source Laws 2016, LB934, § 17.
NE Code § 30-4205 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4205 - Recommendation regarding guardianship, conservatorship, or protective order; written report; contents.

30-4205.  Recommendation regarding guardianship, conservatorship, or protective order; written report; contents.(1) The guardian ad litem shall make recommendations to the court regarding a temporary or permanent guardianship, conservatorship, or other protective order. The report shall be in writing and provided to the court at least one week prior to the hearing date. A copy of the report shall be provided to all interested persons.(2) For a guardianship proceeding, the report shall address whether the person for whom the guardianship is sought is an incapacitated person. If the guardian ad litem determines that the person is incapacitated, the guardian ad litem shall make recommendations as to whether the court should order a limited or full guardianship. If the guardian ad litem recommends a limited guardianship, the report shall include recommendations on the authorities and responsibilities the guardian and ward shall have. If a full guardianship is recommended, the report shall specifically address why a full guardianship is necessary to protect the best interests of the incapacitated person.Source Laws 2016, LB934, § 18.
NE Code § 30-4206 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4206 - Information considered; court orders; refusal to produce document; remedy.

30-4206.  Information considered; court orders; refusal to produce document; remedy.(1) In carrying out his or her powers and duties as a guardian ad litem, the guardian ad litem shall consider any information that is warranted by the nature and circumstances of each guardianship, conservatorship, or other protective proceeding.(2) The guardian ad litem may petition the court for an order to (a) inspect documents, in physical or electronic form, pertaining to the person who is the subject of the guardianship, conservatorship, or other protective proceeding that are in the possession of a corporation, financial institution, health care provider, or business entity, or (b) visit any person who may provide relevant information about the person who is the subject of the guardianship, conservatorship, or other protective proceeding.(3) Any person, corporation, financial institution, health care provider, or business entity that refuses to produce any document requested by the guardian ad litem and ordered by the court shall be subject to contempt of court or other discovery sanctions.Source Laws 2016, LB934, § 19.
NE Code § 30-4207 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4207 - Filing of petition or other motion.

30-4207.  Filing of petition or other motion.The guardian ad litem may file a petition and any other motion the guardian ad litem deems to be in the best interests of the person for whom the guardian ad litem has been appointed.Source Laws 2016, LB934, § 20.
NE Code § 30-4208 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4208 - Control over person or property or affairs.

30-4208.  Control over person or property or affairs.A guardian ad litem shall not have indirect or direct physical control over a person for whom the guardian ad litem has been appointed. A guardian ad litem shall not have indirect or direct control over the property or affairs of a person for whom the guardian ad litem has been appointed.Source Laws 2016, LB934, § 21.
NE Code § 30-4209 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4209 - Duration of appointment.

30-4209.  Duration of appointment.A guardian ad litem's appointment begins at the time he or she is appointed by the court and does not end until the court allows the guardian ad litem to withdraw as guardian ad litem, terminates the appointment of the guardian ad litem, removes or suspends the guardian ad litem, or appoints the guardian ad litem to serve in another capacity.Source Laws 2016, LB934, § 22.
NE Code § 30-4210 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4210 - Cost of evaluation.

30-4210.  Cost of evaluation.The court may order the cost of any evaluation as provided in section 30-4203 to be paid by the county where the guardianship, conservatorship, or other protective proceeding is brought, or the court may, after notice and a hearing, assess the cost of any such evaluation, in whole or in part, to the person who is the subject of the guardianship, conservatorship, or other protective proceeding. The court shall determine the ability of such person to pay and the amount of the payment.Source Laws 2016, LB934, § 23.
NE Code § 30-4301 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4301 - (UDTA 1) Act, how cited.

30-4301.  (UDTA 1) Act, how cited.(UDTA 1) Sections 30-4301 to 30-4319 shall be known and may be cited as the Nebraska Uniform Directed Trust Act.Source Laws 2019, LB536, § 1.
NE Code § 30-4302 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4302 - (UDTA 2) Definitions.

30-4302.  (UDTA 2) Definitions.(UDTA 2) In the Nebraska Uniform Directed Trust Act:(1) Breach of trust includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, the Nebraska Uniform Directed Trust Act, or law of this state other than the Nebraska Uniform Directed Trust Act pertaining to trusts.(2) Directed trust means a trust for which the terms of the trust grant a power of direction.(3) Directed trustee means a trustee that is subject to a trust director's power of direction.(4) Person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.(5) Power of direction means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration, including, but not limited to, amendment, reform, or termination of the trust. The term excludes the powers described in subsection (b) of section 30-4305.(6) Settlor has the same meaning as in section 30-3803.(7) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.(8) Terms of a trust means:(A) except as otherwise provided in subdivision (8)(B) of this section, the manifestation of the settlor's intent regarding a trust's provisions as:(i) expressed in the trust instrument; or(ii) established by other evidence that would be admissible in a judicial proceeding; or(B) the trust's provisions as established, determined, or amended by:(i) a trustee or trust director in accordance with applicable law;(ii) court order; or(iii) a nonjudicial settlement agreement under section 30-3811.(9) Trust director means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.(10) Trustee has the same meaning as in section 30-3803.Source Laws 2019, LB536, § 2.
NE Code § 30-4303 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4303 - (UDTA 3) Application; principal place of administration.

30-4303.  (UDTA 3) Application; principal place of administration.(UDTA 3) The Nebraska Uniform Directed Trust Act applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:(1) If the trust was created before September 7, 2019, the Nebraska Uniform Directed Trust Act applies only to a decision or action occurring on or after September 7, 2019.(2) If the principal place of administration of the trust is changed to this state on or after September 7, 2019, the Nebraska Uniform Directed Trust Act applies only to a decision or action occurring on or after the date of the change.Source Laws 2019, LB536, § 3.
NE Code § 30-4304 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4304 - (UDTA 4) Common law and principles of equity.

30-4304.  (UDTA 4) Common law and principles of equity.(UDTA 4) The common law and principles of equity supplement the Nebraska Uniform Directed Trust Act, except to the extent modified by the Nebraska Uniform Directed Trust Act or law of this state other than the Nebraska Uniform Directed Trust Act.Source Laws 2019, LB536, § 4.
NE Code § 30-4305 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4305 - (UDTA 5) Exclusions.

30-4305.  (UDTA 5) Exclusions.(UDTA 5) (a) In this section, power of appointment means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.(b) The Nebraska Uniform Directed Trust Act does not apply to a:(1) power of appointment;(2) power to appoint or remove a trustee or trust director;(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:(A) the beneficiary; or(B) the beneficial interest of another beneficiary represented by the beneficiary under sections 30-3822 to 30-3826 with respect to the exercise or nonexercise of the power;(5) power over a trust if:(A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the Internal Revenue Code of 1986 as defined in section 49-801.01; or(6) power over a trust if:(A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and(B) the power must be held in a nonfiduciary capacity to correct a mistake of the scrivener in order to conform the terms of the trust with the intention of a settlor. The correction must not reform the trust in any material respect.(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.Source  Laws 2019, LB536, § 5;  Laws 2021, LB248, § 1.   Effective Date: August 28, 2021
NE Code § 30-4306 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4306 - (UDTA 6) Powers of trust director.

30-4306.  (UDTA 6) Powers of trust director.(UDTA 6) (a) Subject to section 30-4307, the terms of a trust may grant a power of direction to a trust director.(b) Unless the terms of a trust provide otherwise:(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the trust director under subsection (a) of this section; and(2) trust directors with joint powers must act by majority decision.(c) A power of direction includes only those powers granted by the terms of the trust and further powers pursuant to subdivision (b)(1) of this section must be appropriate to the exercise or nonexercise of such power of direction granted by the terms of the trust.Source Laws 2019, LB536, § 6.
NE Code § 30-4307 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4307 - (UDTA 7) Limitation on trust director.

30-4307.  (UDTA 7) Limitation on trust director.(UDTA 7) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision (b)(1) of section 30-4306 regarding:(1) a payback provision in the terms of a trust necessary to comply with the medicaid reimbursement requirements of section 68-919; and(2) a charitable interest in the trust, including notice regarding the interest to the Attorney General.Source Laws 2019, LB536, § 7.
NE Code § 30-4308 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4308 - (UDTA 8) Duty and liability of trust director.

30-4308.  (UDTA 8) Duty and liability of trust director.(UDTA 8) (a) Subject to subsection (b) of this section, with respect to a power of direction or further power under subdivision (b)(1) of section 30-4306:(1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:(A) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or(B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and(2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than the Nebraska Uniform Directed Trust Act to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under the Nebraska Uniform Directed Trust Act.(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.Source Laws 2019, LB536, § 8.
NE Code § 30-4309 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4309 - (UDTA 9) Duty and liability of directed trustee.

30-4309.  (UDTA 9) Duty and liability of directed trustee.(UDTA 9) (a) Subject to subsections (b) and (c) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivision (b)(1) of section 30-4306, and the trustee is not liable for the action.(b) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivision (b)(1) of section 30-4306 to the extent that by complying the trustee would engage in willful misconduct.(c) A directed trustee must determine that the trust director's exercise of power of direction under subsection (a) of section 30-4306 or appropriation of further power under subsection (b) of section 30-4306 is granted by the terms of the trust pursuant to subsection (c) of section 30-4306.(d) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:(1) the breach involved the trustee's or other director's willful misconduct;(2) the release was induced by improper conduct of the trustee or other director in procuring the release; or(3) at the time of the release, the director did not know the material facts relating to the breach.(e) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.(f) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.Source Laws 2019, LB536, § 9.
NE Code § 30-4310 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4310 - (UDTA 10) Duty to provide information to trust director or trustee.

30-4310.  (UDTA 10) Duty to provide information to trust director or trustee.(UDTA 10) (a) Subject to section 30-4311, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:(1) the powers or duties of the trustee; and(2) the powers or duties of the director.(b) Subject to section 30-4311, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:(1) the powers or duties of the director; and(2) the powers or duties of the trustee or other director.(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.Source Laws 2019, LB536, § 10.
NE Code § 30-4311 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4311 - (UDTA 11) No duty to monitor, inform, or advise.

30-4311.  (UDTA 11) No duty to monitor, inform, or advise.(UDTA 11) (a) Unless the terms of a trust provide otherwise:(1) a trustee does not have a duty to:(A) monitor a trust director; or(B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and(2) by taking an action described in subdivision (a)(1) of this section, a trustee does not assume the duty excluded by such subdivision.(b) Unless the terms of a trust provide otherwise:(1) a trust director does not have a duty to:(A) monitor a trustee or another trust director; or(B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and(2) by taking an action described in subdivision (b)(1) of this section, a trust director does not assume the duty excluded by such subdivision.Source Laws 2019, LB536, § 11.
NE Code § 30-4312 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4312 - (UDTA 12) Application to cotrustee.

30-4312.  (UDTA 12) Application to cotrustee.(UDTA 12) The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under sections 30-4309 to 30-4311.Source Laws 2019, LB536, § 12.
NE Code § 30-4313 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4313 - (UDTA 13) Limitation of action against trust director.

30-4313.  (UDTA 13) Limitation of action against trust director.(UDTA 13) (a) An action against a trust director for breach of trust must be commenced within the same limitation period as under section 30-3894 for an action for breach of trust against a trustee in a like position and under similar circumstances.(b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under section 30-3894 in an action for breach of trust against a trustee in a like position and under similar circumstances.Source Laws 2019, LB536, § 13.
NE Code § 30-4314 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4314 - (UDTA 14) Defenses in action against trust director.

30-4314.  (UDTA 14) Defenses in action against trust director.(UDTA 14) In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.Source Laws 2019, LB536, § 14.
NE Code § 30-4315 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4315 - (UDTA 15) Jurisdiction over trust director.

30-4315.  (UDTA 15) Jurisdiction over trust director.(UDTA 15) (a) By accepting appointment as a trust director of a trust subject to the Nebraska Uniform Directed Trust Act, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.(b) This section does not preclude other methods of obtaining jurisdiction over a trust director.Source Laws 2019, LB536, § 15.
NE Code § 30-4316 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4316 - (UDTA 16) Office of trust director.

30-4316.  (UDTA 16) Office of trust director.(UDTA 16) Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:(1) acceptance under section 30-3857;(2) giving of bond to secure performance under section 30-3858;(3) reasonable compensation under section 30-3864;(4) resignation under section 30-3861;(5) removal under section 30-3862; and(6) vacancy and appointment of successor under section 30-3860.Source Laws 2019, LB536, § 16.