reglab/housing_qa huggingface dataset:
NE Code § 30-4011 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4011 - Coagents and successor agents.

30-4011.  Coagents and successor agents.(1) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:(a) Has the same authority as that granted to the original agent; and(b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.(3) Except as otherwise provided in the power of attorney and subsection (4) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.Source Laws 2012, LB1113, § 11.
NE Code § 30-4012 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4012 - Reimbursement and compensation of agent.

30-4012.  Reimbursement and compensation of agent.Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.Source Laws 2012, LB1113, § 12.
NE Code § 30-4013 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4013 - Agent's acceptance.

30-4013.  Agent's acceptance.Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.Source Laws 2012, LB1113, § 13.
NE Code § 30-4015 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4015 - Exoneration of agent.

30-4015.  Exoneration of agent.(1) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:(a) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or(b) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.(2) An exculpatory term drafted or caused to be drafted by an agent is invalid as an abuse of fiduciary or confidential relationship unless the agent proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the principal.Source Laws 2012, LB1113, § 15.Annotations An exoneration clause in a power of attorney will not relieve an agent of liability where the agent's attorney drafted the document and the agent did not prove that the clause was fair and adequately communicated to the principal. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).
NE Code § 30-4016 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4016 - Judicial relief.

30-4016.  Judicial relief.(1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:(a) The principal or the agent;(b) A guardian, conservator, or other fiduciary acting for the principal;(c) A person authorized to make health care decisions for the principal;(d) The principal's spouse, parent, or issue;(e) An individual who would qualify as a presumptive heir of the principal or would otherwise qualify as a devisee under a will that remains unrevoked;(f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;(g) A governmental agency having regulatory authority to protect the welfare of the principal;(h) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and(i) A person asked to accept the power of attorney.(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.Source Laws 2012, LB1113, § 16.Annotations Subsection (1)(e) of this section pertains to a "presumptive heir," which necessarily relates to a decedent's blood relatives. In re Trust of Cook, 28 Neb. App. 624, 947 N.W.2d 870 (2020).
NE Code § 30-4017 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4017 - Agent's liability.

30-4017.  Agent's liability.An agent that violates the Nebraska Uniform Power of Attorney Act is liable to the principal or the principal's successors in interest for the amount required to:(1) Restore the value of the principal's property to what it would have been had the violation not occurred; and(2) In a judicial proceeding involving the administration of a power of attorney, the court, as justice may require, may award costs and expenses, including reasonable attorney's fees to any party, to be paid by another party.Source Laws 2012, LB1113, § 17.
NE Code § 30-4018 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4018 - Agent's resignation; notice.

30-4018.  Agent's resignation; notice.Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:(1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or(2) If there is no person described in subdivision (1) of this section, to:(a) The principal's caregiver;(b) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or(c) A governmental agency having authority to protect the welfare of the principal.Source Laws 2012, LB1113, § 18.
NE Code § 30-4019 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4019 - Acceptance of and reliance upon acknowledged power of attorney.

30-4019.  Acceptance of and reliance upon acknowledged power of attorney.(1) For purposes of this section and section 30-4020, acknowledged means purportedly verified before a notary public or other individual authorized to take acknowledgments.(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 30-4005 that the signature is genuine.(3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:(a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and(c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.(5) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.(6) For purposes of this section and section 30-4020, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.Source Laws 2012, LB1113, § 19.
NE Code § 30-4021 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4021 - Principles of law and equity.

30-4021.  Principles of law and equity.Unless displaced by a provision of the Nebraska Uniform Power of Attorney Act, the principles of law and equity supplement the act.Source Laws 2012, LB1113, § 21.
NE Code § 30-4022 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4022 - Laws applicable to financial institutions and entities.

30-4022.  Laws applicable to financial institutions and entities.The Nebraska Uniform Power of Attorney Act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with the act.Source Laws 2012, LB1113, § 22.
NE Code § 30-4023 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4023 - Remedies under other law.

30-4023.  Remedies under other law.The remedies under the Nebraska Uniform Power of Attorney Act are not exclusive and do not abrogate any right or remedy under the law of this state other than the act.Source Laws 2012, LB1113, § 23.
NE Code § 30-4024 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4024 - Authority that requires specific grant; grant of general authority.

30-4024.  Authority that requires specific grant; grant of general authority.(1) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:(a) Create, amend, revoke, or terminate an inter vivos trust;(b) Make a gift;(c) Create or change rights of survivorship;(d) Create or change a beneficiary designation;(e) Delegate authority granted under the power of attorney;(f) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;(g) Exercise fiduciary powers that the principal has authority to delegate; or(h) Renounce or disclaim property, including the power of appointment.(2) Notwithstanding a grant of authority to do an act described in subsection (1) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or issue of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.(3) Subject to subsections (1), (2), (4), and (5) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 30-4027 to 30-4039.(4) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 30-4040.(5) Subject to subsections (1), (2), and (4) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.(6) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquired later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.(7) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.Source Laws 2012, LB1113, § 24.Annotations Under subsection (2) of this section, for an agent who is not the ancestor, spouse, or issue of the principal to use the power of attorney to create in himself or herself an interest in the principal's property, the agent must have express authority from the principal in the power of attorney. Cisneros v. Graham, 294 Neb. 83, 881 N.W.2d 878 (2016).
NE Code § 30-4025 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4025 - Incorporation of authority.

30-4025.  Incorporation of authority.(1) An agent has authority described in sections 30-4024 to 30-4040 if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 30-4027 to 30-4040 or cites the section in which the authority is described.(2) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 30-4027 to 30-4040 or a citation to a section within such sections incorporates the entire section described or cited as if it were set out in full in the power of attorney.(3) A principal may modify authority incorporated by reference.Source Laws 2012, LB1113, § 25.
NE Code § 30-4026 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4026 - Construction of authority generally.

30-4026.  Construction of authority generally.Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 30-4027 to 30-4040 or that grants to an agent authority to do all acts that a principal could do pursuant to subsection (3) of section 30-4024, a principal authorizes the agent, with respect to that subject, to:(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;(6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and(10) Do any lawful act with respect to the subject and all property related to the subject.Source Laws 2012, LB1113, § 26.
NE Code § 30-4027 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4027 - Real property.

30-4027.  Real property.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sales contract, encumbrance, lien, or other claim to real property which exists or is asserted;(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:(a) Insuring against liability or casualty or other loss;(b) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;(c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and(d) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;(6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:(a) Selling or otherwise disposing of them;(b) Exercising or selling an option, right of conversion, or similar right with respect to them; and(c) Exercising any voting rights in person or by proxy;(8) Change the form of title of an interest in or right incident to real property; and(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.Source Laws 2012, LB1113, § 27.
NE Code § 30-4028 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4028 - Tangible personal property.

30-4028.  Tangible personal property.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:(1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;(4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:(a) Insuring against liability or casualty or other loss;(b) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;(c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;(d) Moving the property from place to place;(e) Storing the property for hire or on a gratuitous bailment; and(f) Using and making repairs, alterations, or improvements to the property; and(6) Change the form of title of an interest in tangible personal property.Source Laws 2012, LB1113, § 28.
NE Code § 30-4029 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4029 - Stocks and bonds.

30-4029.  Stocks and bonds.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:(1) Buy, sell, and exchange stocks and bonds;(2) Establish, continue, modify, or terminate an account with respect to stocks and bonds;(3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.Source Laws 2012, LB1113, § 29.
NE Code § 30-4030 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4030 - Commodities and options.

30-4030.  Commodities and options.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:(1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and(2) Establish, continue, modify, and terminate option accounts.Source Laws 2012, LB1113, § 30.