reglab/statecodes huggingface dataset:
2023 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.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4203 - Guardian ad litem; duties; powers.

30-4203.
Guardian ad litem; duties; powers.
(1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall:
(a) Consult with the person for whom he or she has been appointed within two weeks after the appointment for such person and make every reasonable effort to become familiar with the condition of such person;
(b) Investigate, gather information regarding, and make an assessment of the condition of such person and report to the court the condition of such person;
(c) Advocate for the best interests of such person;
(d) Be present at all hearings before the court regarding such person unless expressly excused by the court;
(e) Inquire of others directly involved with such person as to such person's condition, including, but not limited to, any physician, psychologist, care provider, clergy member, financial institution, corporation, business entity, or other person with which such person has done or is doing business; and
(f) Defend the social, economic, and safety interests of such person. For purposes of this subdivision, (i) social interest means the logical and practical expectations a person has who is the object of a guardianship, conservatorship, or other protective proceeding based on the guardian ad litem's objective and independent assessment of the person's situation, including economic, social, mental, physical, emotional, and other relevant factors, (ii) economic interest means what a reasonable person would consider to be prudent given the situation of the person who is the object of the guardianship, conservatorship, or other protective proceeding, and (iii) safety interest means what a reasonable person would consider safe given the mental, physical, and emotional situation of the person who is the object of a guardianship, conservatorship or other protective proceeding.
(2) A guardian ad litem appointed pursuant to the Nebraska Probate Code may:
(a) Conduct discovery, present witnesses, cross-examine witnesses, present other evidence, file motions, and appeal any decisions regarding the person for whom he or she has been appointed;
(b) Enter into stipulations and agreements concerning such person in the guardianship, conservatorship, or other protective proceeding deemed by the guardian ad litem to be in such person's best interests;
(c) Request, at any time after the filing of a petition in a guardianship, conservatorship, or other protective proceeding, that the court order a medical, psychological, geriatric, or other evaluation of the person who is the subject of the guardianship, conservatorship, or other protective proceeding to determine the condition and extent of impairment, if any, of the person who is the subject of the guardianship, conservatorship, or other protective proceeding; and
(d) Have access to any report which resulted from any evaluation ordered by the court and which was used for evaluating the status of the person who is the subject of the guardianship, conservatorship, or other protective proceeding.
Source
Laws 2016, LB934, § 16.
2023 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.
Annotations
This section empowers the guardian ad litem to obtain information as part of his or her investigation and permits for the admissibility of the information so collected. By its plain terms, this section addresses "material obtained by a guardian ad litem" and does not pertain to a report created by a guardian ad litem. In re Guardianship of Jill G., 312 Neb. 108, 977 N.W.2d 913 (2022).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.