reglab/housing_qa huggingface dataset:
NE Code § 30-4317 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4317 - (UDTA 17) Uniformity of application and construction.

30-4317.  (UDTA 17) Uniformity of application and construction.(UDTA 17) In applying and construing the Nebraska Uniform Directed Trust Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.Source Laws 2019, LB536, § 17.
NE Code § 30-4318 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4318 - (UDTA 18) Electronic records and signatures.

30-4318.  (UDTA 18) Electronic records and signatures.(UDTA 18) The provisions of the Nebraska Uniform Directed Trust Act governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7002, as such section existed on January 1 immediately preceding January 1, 2005, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.Source Laws 2019, LB536, § 18.
NE Code § 30-4319 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4319 - Date; applicability.

30-4319.  Date; applicability.(a) Except as otherwise provided in the Nebraska Uniform Directed Trust Act, on January 1, 2021:(1) the Nebraska Uniform Directed Trust Act applies to all trusts created before, on, or after January 1, 2021;(2) the Nebraska Uniform Directed Trust Act applies to all judicial proceedings concerning trust directors, trustees, and cotrustees commenced on or after January 1, 2021;(3) the Nebraska Uniform Directed Trust Act applies to judicial proceedings concerning trusts commenced before January 1, 2021, unless the court finds that application of a particular provision of the Nebraska Uniform Directed Trust Act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of the Nebraska Uniform Directed Trust Act does not apply and the superseded law applies; and(4) an act done before January 1, 2021, is not affected by the Nebraska Uniform Directed Trust Act.(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2021, that statute continues to apply to the right even if it has been repealed or superseded.Source Laws 2019, LB536, § 19.
NE Code § 30-4401 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4401 - Act, how cited.

30-4401.  Act, how cited.Sections 30-4401 to 30-4415 shall be known and may be cited as the Advance Mental Health Care Directives Act.Source Laws 2020, LB247, § 1.
NE Code § 30-4402 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4402 - Legislative findings; act; purposes.

30-4402.  Legislative findings; act; purposes.(1) The Legislature finds that:(a) Issues implicated in advance planning for end-of-life care are distinct from issues implicated in advance planning for mental health care;(b) Mental illness can be episodic and include periods of incapacity which obstruct an individual's ability to give informed consent and impede the individual's access to mental health care;(c) An acute mental health episode can induce an individual to refuse treatment when the individual would otherwise consent to treatment if the individual's judgment were unimpaired;(d) An individual may lose capacity without meeting the criteria for civil commitment in Nebraska; and(e) An individual with mental illness has the same right to plan in advance for treatment as an individual planning for end-of-life care.(2) The purposes of the Advance Mental Health Care Directives Act are to:(a) Facilitate advance planning to help (i) prevent unnecessary involuntary commitment and incarceration, (ii) improve patient safety and health, (iii) improve mental health care, and (iv) enable an individual to exercise control over such individual's mental health treatment; and(b) Protect patient safety, autonomy, and health by allowing an individual to create an advance mental health care directive to instruct and direct the individual's mental health care.Source Laws 2020, LB247, § 2.
NE Code § 30-4403 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4403 - Advance mental health care directive; use; legislative declarations; right of individual.

30-4403.  Advance mental health care directive; use; legislative declarations; right of individual.(1) The Legislature hereby declares that an advance mental health care directive can only accomplish the purposes stated in section 30-4402 if an individual may use an advance mental health care directive to:(a) Set forth instructions for any foreseeable mental health care when the individual loses capacity to make decisions regarding such mental health care, including, but not limited to, consenting to inpatient mental health treatment, psychotropic medication, or electroconvulsive therapy;(b) Dictate whether the directive is revocable during periods of incapacity and provide consent to treatment despite illness-induced refusals;(c) Choose the standard by which the directive becomes active; and(d) In compliance with the federal Health Insurance Portability and Accountability Act of 1996, include in the directive a release authorization form stating the names of persons to whom information regarding the mental health treatment of the principal may be disclosed during the time the directive is activated, including, but not limited to, health care professionals, mental health care professionals, family, friends, and other interested persons with whom treatment providers are allowed to communicate if the principal loses capacity.(2) An individual with capacity has the right to control decisions relating to the individual's mental health care unless subject to a court order involving mental health care under any other provision of law.Source Laws 2020, LB247, § 3.
NE Code § 30-4404 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4404 - Terms, defined.

30-4404.  Terms, defined.For purposes of the Advance Mental Health Care Directives Act:(1) Activation means the point at which an advance mental health care directive is used as the basis for decisionmaking as provided in section 30-4409;(2) Attorney in fact means an individual designated under a power of attorney for health care to make mental health care decisions for a principal;(3)(a) Capacity means having both (i) the ability to understand and appreciate the nature and consequences of mental health care decisions, including the benefits and risks of each, and alternatives to any proposed mental health treatment, and to reach an informed decision, and (ii) the ability to communicate in any manner such mental health care decision.(b) An individual's capacity is evaluated in relation to the demands of a particular mental health care decision;(4) Principal means an individual who is nineteen years of age or older with capacity who provides instructions, preferences, or both instructions and preferences for any foreseeable mental health care in an advance mental health care directive; and(5) Relative means the spouse, child, parent, sibling, grandchild, or grandparent, by blood, marriage, or adoption, of an individual.Source Laws 2020, LB247, § 4.
NE Code § 30-4406 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4406 - Instructions and preferences; binding; matters addressed; limitation.

30-4406.  Instructions and preferences; binding; matters addressed; limitation.(1) Except as provided in subsection (2) of this section, in an advance mental health care directive, a principal may issue instructions, preferences, or both instructions and preferences concerning the principal's mental health treatment. If the principal has designated an attorney in fact under a power of attorney for health care, the advance mental health care directive shall be binding on the principal's attorney in fact. The instructions and preferences may address matters including, but not limited to:(a) Consent to or refusal of specific types of mental health treatment, such as inpatient mental health treatment, psychotropic medication, or electroconvulsive therapy. Consent to electroconvulsive therapy must be express;(b) Treatment facilities and care providers;(c) Alternatives to hospitalization if twenty-four-hour care is deemed necessary;(d) Physicians who will provide treatment;(e) Medications for psychiatric treatment;(f) Emergency interventions, including seclusion, restraint, or medication;(g) The provision of trauma-informed care and treatment;(h) In compliance with the federal Health Insurance Portability and Accountability Act of 1996, a release authorization form stating the name of persons to whom information regarding the mental health treatment of the principal may be disclosed during the time the directive is activated, including persons who should be notified immediately of admission to an inpatient facility;(i) Individuals who should be prohibited from visitation; and(j) Other instructions or preferences regarding mental health care.(2) A principal may not consent to or authorize an attorney in fact to consent to psychosurgery in a directive. If such consent or authorization is expressed in the directive, this does not revoke the entire directive, but such a provision is unenforceable.Source Laws 2020, LB247, § 6.
NE Code § 30-4407 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4407 - Expiration; revocation.

30-4407.  Expiration; revocation.(1) An advance mental health care directive, including an irrevocable advance mental health care directive, shall remain in effect until it expires according to its terms or until it is revoked by the principal, whichever is earlier.(2) A principal may revoke the directive even if the principal is incapacitated unless the principal has made the directive irrevocable during periods of incapacity pursuant to subsection (3) of section 30-4405.(3) A principal with capacity or a principal without capacity who did not make the directive irrevocable during periods of incapacity may revoke the directive by:(a) A written statement revoking the directive; or(b) A subsequent directive that revokes the original directive. If the subsequent directive does not revoke the original directive in its entirety, only inconsistent provisions in the original directive are revoked.(4) When a principal with capacity consents to treatment that is different than the treatment requested in the directive or refuses treatment that the principal requested in the directive, this consent or refusal does not revoke the entire directive but is a waiver of the inconsistent provision.Source Laws 2020, LB247, § 7.
NE Code § 30-4408 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4408 - Self-binding arrangement for mental health care; advance consent to inpatient treatment or administration of psychotropic medication; requirements.

30-4408.  Self-binding arrangement for mental health care; advance consent to inpatient treatment or administration of psychotropic medication; requirements.(1) A principal has a right to form a self-binding arrangement for mental health care in an advance mental health care directive. A self-binding arrangement allows the principal to obtain mental health treatment in the event that an acute mental health episode renders the principal incapacitated and induces the principal to refuse treatment.(2) To provide advance consent to inpatient treatment despite the principal's illness-induced refusal, a principal shall, in such directive:(a) Make the directive irrevocable pursuant to subsection (3) of section 30-4405; and(b) Consent to admission to an inpatient treatment facility.(3) To provide advance consent to administration of psychotropic medication despite the principal's illness-induced refusal of medication, a principal shall, in such directive:(a) Make the directive irrevocable pursuant to subsection (3) of section 30-4405; and(b) Consent to administration of psychotropic medication.Source Laws 2020, LB247, § 8.
NE Code § 30-4409 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4409 - Activation.

30-4409.  Activation.(1) Unless a principal designates otherwise in the advance mental health care directive, a directive becomes active when the principal loses capacity. Activation is the point at which the directive shall be used as the basis for decisionmaking and shall dictate mental health treatment of the principal.(2) The principal may designate in the directive an activation standard other than incapacity by describing the circumstances under which the directive becomes active.Source Laws 2020, LB247, § 9.
NE Code § 30-4410 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4410 - Attorney in fact; authority.

30-4410.  Attorney in fact; authority.(1) Except as otherwise provided in subsection (2) of this section, a specific grant of authority to an attorney in fact to consent to the principal's inpatient mental health treatment or psychotropic medication is not required to convey authority to the attorney in fact to consent to such treatments. An attorney in fact may consent to such treatments for the principal if the principal's written grant of authority in the principal's advance mental health care directive is sufficiently broad to encompass these decisions.(2) When an incapacitated principal refuses inpatient mental health treatment or psychotropic medication, the principal's attorney in fact only has the authority to consent to such treatments for the principal if the principal's directive is irrevocable and expressly authorizes the attorney in fact to consent to the applicable treatment. An attorney in fact shall only have the authority to consent to electroconvulsive therapy for the principal if the principal's directive is irrevocable and expressly authorizes the attorney in fact to consent to electroconvulsive therapy.(3) An attorney in fact's decisions for the principal must be in good faith and consistent with the principal's instructions expressed in the principal's directive. If the directive fails to address an issue, the attorney in fact shall make decisions in accordance with the principal's instructions or preferences otherwise known to the attorney in fact. If the attorney in fact does not know the principal's instructions or preferences, the attorney in fact shall make decisions in the best interests of the principal.(4) If the principal grants the attorney in fact authority to make decisions for the principal in circumstances in which the principal still has capacity, the principal's decisions when the principal has capacity shall nonetheless override the attorney in fact's decisions.Source Laws 2020, LB247, § 10.
NE Code § 30-4411 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4411 - Principal who has capacity; contemporaneous preferences; effect; conflicting documents; which controls.

30-4411.  Principal who has capacity; contemporaneous preferences; effect; conflicting documents; which controls.(1) Despite activation, an advance mental health care directive, including an irrevocable directive, shall not prevail over contemporaneous preferences expressed by a principal who has capacity.(2) If an individual has a power of attorney for health care and an advance mental health care directive and there is any conflict between the two documents, the advance mental health care directive controls with regard to any mental health care instructions or preferences.Source Laws 2020, LB247, § 11.
NE Code § 30-4412 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4412 - Inpatient treatment facility; principal refuses admission; facility; duties.

30-4412.  Inpatient treatment facility; principal refuses admission; facility; duties.(1) If the principal forms a self-binding arrangement for treatment in an advance mental health care directive but then refuses admission to an inpatient treatment facility despite the directive's instructions to admit, the inpatient treatment facility shall respond as follows:(a) The facility shall, as soon as practicable, obtain the informed consent of the principal's attorney in fact, if the principal has an attorney in fact;(b) Two licensed physicians shall, within twenty-four hours after the principal's arrival at the facility, evaluate the principal to determine whether the principal has capacity and shall document in the principal's medical record a summary of findings, evaluations, and recommendations; and(c) If the evaluating physicians determine the principal lacks capacity, the principal shall be admitted into the inpatient treatment facility pursuant to the principal's directive.(2) After twenty-one days following the date of admission, if the principal has not regained capacity or has regained capacity but refuses to consent to remain for additional treatment, the facility shall dismiss the principal from the facility's care and the principal shall be released during daylight hours or to the care of an individual available only during nondaylight hours. This subsection does not apply if the principal is detained pursuant to involuntary commitment standards.(3) A principal may specify in the advance mental health care directive a shorter amount of time than twenty-one days.Source Laws 2020, LB247, § 12.
NE Code § 30-4413 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4413 - Psychotropic medication; administration after refusal; conditions.

30-4413.  Psychotropic medication; administration after refusal; conditions.If a principal with an irrevocable advance mental health care directive consenting to inpatient treatment refuses psychotropic medication through words or actions, psychotropic medication may only be administered by or under the immediate direction of a licensed psychiatrist, and only if:(1) The principal expressly consented to psychotropic medication in the principal's irrevocable directive;(2) The principal's attorney in fact, if the principal has an attorney in fact, consents to psychotropic medication; and(3) Two of the following health care professionals recommend, in writing, treatment with the specific psychotropic medication: A licensed psychiatrist, physician, physician assistant, or advanced practice registered nurse or any other health care professional licensed to diagnose illnesses and prescribe drugs for mental health care.Source Laws 2020, LB247, § 13.
NE Code § 30-4414 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4414 - Health care professional; immunity.

30-4414.  Health care professional; immunity.(1) A health care professional acting or declining to act, in accord with reasonable medical standards, in good faith reliance upon the principal's advance mental health care directive, and, if the principal has an attorney in fact, in reliance upon the decision made by a person whom the health care professional in good faith believes is the attorney in fact acting pursuant to the advance mental health care directive, shall not be subject to criminal prosecution, civil liability, or discipline for unprofessional conduct for so acting or declining to act.(2) In the absence of knowledge of the revocation of an advance mental health care directive, a health care professional who acts or declines to act based upon the advance mental health care directive and in accord with reasonable medical standards shall not be subject to criminal prosecution, civil liability, or discipline for unprofessional conduct for so acting or declining to act.(3) Nothing in the Advance Mental Health Care Directives Act shall limit the liability of an attorney in fact or a health care professional for a negligent act or omission.Source Laws 2020, LB247, § 14.
NE Code § 30-4501 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4501 - Act, how cited.

30-4501.  Act, how cited.Sections 30-4501 to 30-4529 shall be known and may be cited as the Uniform Trust Decanting Act.Source Laws 2020, LB808, § 11.
NE Code § 30-4503 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4503 - Scope.

30-4503.  Scope.(a) Except as otherwise provided in subsections (b) and (c) of this section, the Uniform Trust Decanting Act applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.(b) The act does not apply to a trust held solely for charitable purposes.(c) Subject to section 30-4515, a trust instrument may restrict or prohibit exercise of the decanting power.(d) The act does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than the act, common law, a court order, or a nonjudicial settlement agreement.(e) The act does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.Source Laws 2020, LB808, § 13.
NE Code § 30-4504 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4504 - Fiduciary duty.

30-4504.  Fiduciary duty.(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.(b) The Uniform Trust Decanting Act does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of the act.(c) Except as otherwise provided in a first-trust instrument, for purposes of the act and section 30-3866 and subsection (a) of section 38-3867, the terms of the first trust are deemed to include the decanting power.Source Laws 2020, LB808, § 14.
NE Code § 30-4505 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4505 - Application; governing law.

30-4505.  Application; governing law.The Uniform Trust Decanting Act applies to a trust created before, on, or after November 14, 2020, which:(1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or(2) provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:(A) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;(B) construction of terms of the trust; or(C) determining the meaning or effect of terms of the trust.Source Laws 2020, LB808, § 15.