reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4031 - Banks and other financial institutions.

30-4031.
Banks and other financial institutions.
Unless the power of attorney otherwise provides, language in a power of attorney granting authority with respect to banks and other financial institutions authorizes the agent to:
(1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary 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;
(8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit;
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution; and
(12) Execute such powers of attorney as may be required and necessary for interacting with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution so long as the terms and conditions in the financial institution’s power of attorney are similar to those in the power of attorney granting authority, including the identification of the acting agent and the agent's successors. The execution of a financial institution's power of attorney document does not revoke the power of attorney document granting authority.
Source
Laws 2012, LB1113, § 31;
Laws 2019, LB145, § 2.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4033 - Insurance and annuities.

30-4033.
Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
Source
Laws 2012, LB1113, § 33.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4034 - Estates, trusts, and other beneficial interests.

30-4034.
Estates, trusts, and other beneficial interests.
(1) For purposes of this section, estate, trust, or other beneficial interest means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(a) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;
(b) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;
(c) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(d) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(f) Conserve, invest, disburse, or use anything received for an authorized purpose; and
(g) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.
Source
Laws 2012, LB1113, § 34.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4035 - Claims and litigation.

30-4035.
Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Source
Laws 2012, LB1113, § 35.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4036 - Personal and family maintenance.

30-4036.
Personal and family maintenance.
(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(a) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(i) The principal's children;
(ii) Other individuals legally entitled to be supported by the principal; and
(iii) The individuals whom the principal has customarily supported or indicated the intent to support;
(b) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(c) Provide living quarters for the individuals described in subdivision (1)(a) of this subsection by:
(i) Purchase, lease, or other contract; or
(ii) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(d) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subdivision (1)(a) of this subsection;
(e) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision (1)(a) of this subsection;
(f) Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 to 1179 of the Social Security Act, 42 U.S.C. 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(g) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subdivision (1)(a) of this subsection;
(h) Maintain credit and debit accounts for the convenience of the individuals described in subdivision (1)(a) of this subsection and open new accounts; and
(i) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(2) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under the Nebraska Uniform Power of Attorney Act.
Source
Laws 2012, LB1113, § 36.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4037 - Benefits from governmental programs or civil or military service.

30-4037.
Benefits from governmental programs or civil or military service.
(1) For purposes of this section, benefits from governmental programs or civil or military service means any benefit, program, or assistance provided under a statute or regulation including social security, medicare, and medicaid.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subdivision (1)(a) of section 30-4036 and for shipment of their household effects;
(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(c) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(d) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(f) Receive the financial proceeds of a claim described in subdivision (2)(d) of this section and conserve, invest, disburse, or use for a lawful purpose anything so received.
Source
Laws 2012, LB1113, § 37.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4038 - Retirement plans.

30-4038.
Retirement plans.
(1) For purposes of this section, retirement plan means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(a) An individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. 408;
(b) A Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. 408A;
(c) A deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. 408(q);
(d) An annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b);
(e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a);
(f) A plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. 457(b); and
(g) A nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. 409A.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(b) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(c) Establish a retirement plan in the principal's name, including a beneficiary individual retirement plan;
(d) Make contributions to a retirement plan;
(e) Exercise investment powers available under a retirement plan; and
(f) Borrow from, sell assets to, or purchase assets from a retirement plan.
Source
Laws 2012, LB1113, § 38.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4039 - Taxes.

30-4039.
Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section 2032A of the Internal Revenue Code, 26 U.S.C. 2032A, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service or other taxing authority.
Source
Laws 2012, LB1113, § 39.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4040 - Gifts.

30-4040.
Gifts.
(1) For purposes of this section, a gift for the benefit of a person includes a gift to a trust, an account under the Nebraska Uniform Transfers to Minors Act and a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code, 26 U.S.C. 529.
(2) Subject to section 30-4024 and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(a) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code, 26 U.S.C. 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(b) Consent, pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. 2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(3) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
(a) The value and nature of the principal's property;
(b) The principal's foreseeable obligations and need for maintenance;
(c) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(d) Eligibility for a benefit, a program, or assistance under a statute or regulation; and
(e) The principal's personal history of making or joining in making gifts.
Source
Laws 2012, LB1113, § 40.
Cross References
Nebraska Uniform Transfers to Minors Act, see section 43-2701.
Annotations
The Nebraska Uniform Power of Attorney Act limits gifts made via a general grant of authority. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4042 - Agent's certification.

30-4042.
Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of ...............................................
[County] of ............................................
I, ..................................................... (Name of Agent), certify under penalty of perjury that ................................. (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated .............................. .
I further certify that to my knowledge:
(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4) ....................................................
........................................................
........................................................
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
..........................................
................
Agent's Signature
Date
..........................................
Agent's Name Printed
..........................................
..........................................
Agent's Address
..........................................
Agent's Telephone Number
This document was acknowledged before me on
............... ,
(Date)
by ..................................... .
(Name of Agent)
..........................................
(Seal, if any)
Signature of Notary
My commission expires: ...................
This document prepared by:
..........................................
Source
Laws 2012, LB1113, § 42.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4043 - Uniformity of application and construction.

30-4043.
Uniformity of application and construction.
In applying and construing the Nebraska Uniform Power of Attorney Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Source
Laws 2012, LB1113, § 43.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4044 - Relation to federal Electronic Signatures in Global and National Commerce Act.

30-4044.
Relation to federal Electronic Signatures in Global and National Commerce Act.
The Nebraska Uniform Power of Attorney Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of such act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of such act, 15 U.S.C. 7003(b).
Source
Laws 2012, LB1113, § 44.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4045 - Effect on existing powers of attorney.

30-4045.
Effect on existing powers of attorney.
Except as otherwise provided in the Nebraska Uniform Power of Attorney Act, on January 1, 2013:
(1) The act applies to a power of attorney created before, on, or after January 1, 2013;
(2) The act applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2013;
(3) The act applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2013, unless the court finds that application of a provision of the act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) An act done before January 1, 2013, is not affected by the act.
Source
Laws 2012, LB1113, § 45.
Annotations
The Nebraska Uniform Power of Attorney Act does not apply retroactively to an agent's actions prior to January 1, 2013. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).
The provision of the Nebraska Uniform Power of Attorney Act governing retroactivity should be construed similarly to section 30-38,110, the comparable provision of the Nebraska Uniform Trust Code. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4101 - Act, how cited.

30-4101.
Act, how cited.
Sections 30-4101 to 30-4118 shall be known and may be cited as the Public Guardianship Act.
Source
Laws 2014, LB920, § 1.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4102 - Legislative findings.

30-4102.
Legislative findings.
(1) The Legislature finds that the present system of obtaining a guardian or conservator for an individual, which often depends on volunteers, is inadequate when there is no willing and qualified family member or other person available or willing to serve as guardian or conservator for such individual. The Legislature finds that there is a need to provide guardians and conservators when there is no one suitable or available with priority to serve the needs of such individual. The Legislature intends that establishment of the Office of Public Guardian will provide services for individuals when no private guardian or private conservator is available. The Legislature also finds that alternatives to full guardianship and less intrusive means of intervention should always be explored, including, but not limited to, limited guardianship, temporary guardianship, conservatorship, or the appointment of a payee. It is the intent of the Legislature to provide a public guardian or public conservator only to those individuals whose needs cannot be met through less intrusive means of intervention.
(2) The Legislature finds that:
(a) All individuals in need of a guardian or conservator shall have the opportunity to have one appointed for them;
(b) The priorities for appointment in sections 30-2601 to 30-2661 are appropriate in most instances;
(c) There are individuals in need of guardians or conservators for whom persons that have priority are unwilling, unable, or inappropriate to become a guardian or conservator;
(d) Guardians and conservators under the current system do not always carry out the assigned duties in a way that protects the individual and, in fact, sometimes carry out the duties in a way that abuses or neglects the individual; and
(e) For those for whom no person is available for appointment as guardian or conservator, the Office of Public Guardian may provide necessary services.
Source
Laws 2014, LB920, § 2.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4103 - Terms, defined.

30-4103.
Terms, defined.
For purposes of the Public Guardianship Act:
(1) Council means the Advisory Council on Public Guardianship;
(2) Multidisciplinary team means the team of professionals hired by the Public Guardian pursuant to section 30-4104;
(3) Office means the Office of Public Guardian;
(4) Private conservator means an individual or a corporation with general power to serve as trustee who is not with the office and who is appointed by the court to act as conservator for a protected person;
(5) Private guardian means any person who is not with the office and who is appointed by the court to act as guardian for a ward;
(6) Protected person is as defined in section 30-2601;
(7) Public Guardian means the director of the office;
(8) Successor conservator means an individual or a corporation with general power to serve as trustee who is recruited by the office to become a conservator for a protected person previously served by the office;
(9) Successor guardian means a person or entity who is recruited by the office to become a guardian for a ward previously served by the office; and
(10) Ward is as defined in section 30-2601.
Source
Laws 2014, LB920, § 3;
Laws 2016, LB934, § 28.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4104 - Office of Public Guardian; created; Public Guardian; qualifications; duties; multidisciplinary team; members; associate public guardian legal counsel.

30-4104.
Office of Public Guardian; created; Public Guardian; qualifications; duties; multidisciplinary team; members; associate public guardian legal counsel.
(1) The office is created within the judicial branch of government and is directly responsible to the State Court Administrator. The State Court Administrator shall appoint a director of the office who shall be known as the Public Guardian. The Public Guardian shall be an attorney licensed to practice law in Nebraska, shall be hired based on a broad knowledge of human development, intellectual disabilities, sociology, and psychology, and shall have business acuity and experience in public education and volunteer recruitment.
(2) The Public Guardian shall hire a multidisciplinary team of professionals to fulfill the responsibilities of the Public Guardianship Act. The multidisciplinary team shall include a deputy public guardian and may include one or more associate public guardian legal counsel, associate public guardians, administrative personnel, and any other personnel the Public Guardian deems appropriate. In addition, the Public Guardian may hire support staff as required. The multidisciplinary team may include professionals trained in law, health care, social work, education, business, accounting, administration, geriatrics, psychology, or other specialties with experience working with individuals with dementia, developmental disabilities, chronic and acute medical needs, mental health issues, substance abuse, or other conditions that are served by the Public Guardian.
(3) An associate public guardian legal counsel shall be an attorney licensed to practice law in Nebraska. The deputy public guardian shall be an attorney licensed to practice law in Nebraska unless the State Court Administrator directs otherwise.
(4) Legal representation provided by the Public Guardian, deputy public guardian, and associate public guardian legal counsel shall be limited to representing the Public Guardian and his or her designees in the roles and responsibilities of a court-appointed guardian or conservator in accordance with the Public Guardianship Act.
(5) The Public Guardian shall assume all the duties and responsibilities of a guardian and conservator for any individual appointed to his or her supervision and may designate authority to act on his or her behalf to the deputy public guardian, associate public guardian legal counsel, and associate public guardians. The Public Guardian shall administer public guardianship and public conservatorship and shall serve as staff to the council.
Source
Laws 2014, LB920, § 4;
Laws 2016, LB934, § 29.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4105 - Office of Public Guardian; duties.

30-4105.
Office of Public Guardian; duties.
The office:
(1) Shall provide immediate response when a guardian or conservator is needed in an emergency situation;
(2) Shall provide an option upon the resignation, removal, or discharge of a guardian or conservator so that there is no lapse in service to the ward or protected person;
(3) Shall provide equal access and protection for all individuals in need of guardianship or conservatorship services;
(4) Shall promote or provide public education to increase the awareness of the duties of guardians and conservators and encourage more people to serve as private guardians or private conservators;
(5) Shall recruit members of the general public or family members to serve as guardians or conservators and provide adequate training and support to enhance their success;
(6) Shall act as a resource to persons already serving as guardians or conservators for education, information, and support;
(7) Shall safeguard the rights of individuals by exploring all options available to support individuals in the least restrictive manner possible and seek full guardianship only as a last resort; and
(8) Shall model the highest standard of practice for guardians and conservators to improve the performance of all guardians and conservators in the state.
Source
Laws 2014, LB920, § 5.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4106 - Advisory Council on Public Guardianship; created; members.

30-4106.
Advisory Council on Public Guardianship; created; members.
The Advisory Council on Public Guardianship is created. The council shall be appointed by the State Court Administrator, be comprised of individuals from a variety of disciplines who are knowledgeable in guardianship and conservatorship, and be representative of the geographical and cultural diversity of the state and reflect gender fairness. The council shall consist of the following members: A representative of the Nebraska County Court Judges Association, attorneys licensed to practice law in this state, social workers, mental health professionals, professionals with expertise in the aging population, developmental disability professionals, and other interested groups or individuals.
Source
Laws 2014, LB920, § 6.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4107 - Advisory Council on Public Guardianship; members; terms; vacancy; officers.

30-4107.
Advisory Council on Public Guardianship; members; terms; vacancy; officers.
The State Court Administrator shall appoint initial members of the council for staggered terms of one, two, or three years as designated by the State Court Administrator. All subsequent appointments shall be made for terms of three years. Any vacancy on the council shall be filled in the same manner in which the original appointment was made and for the duration of the term vacated. Appointments of initial members of the council shall be made within ninety days after January 1, 2015. The council shall select a chairperson, a vice-chairperson, and such other officers as it deems necessary.
Source
Laws 2014, LB920, § 7.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4108 - Advisory Council on Public Guardianship; duties; meetings; expenses.

30-4108.
Advisory Council on Public Guardianship; duties; meetings; expenses.
(1) The council shall advise the Public Guardian on the administration of public guardianship and public conservatorship.
(2) The council shall meet at least four times per year and at other times deemed necessary to perform its functions upon the call of the chairperson. Members of the council shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 2014, LB920, § 8;
Laws 2020, LB381, § 25.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4109 - Public Guardian; duties.

30-4109.
Public Guardian; duties.
Consistent with the purposes and objectives of the Public Guardianship Act and in consultation with the council, the Public Guardian shall:
(1) Develop a uniform system of reporting and collecting statistical data regarding guardianships and conservatorships;
(2) Develop and adopt a standard of practice and code of ethics for public guardianship and public conservatorship;
(3) Prepare a biennial budget for the implementation of the act;
(4) Develop guidelines for a sliding scale of fees to be charged for public guardianship and public conservatorship services;
(5) Maintain, in conjunction with private and other public resources, a curricula for training sessions to be made available for successor guardians and successor conservators and private guardians and private conservators;
(6) Maintain training programs available statewide to offer the training curricula for interested parties to include:
(a) Helping a guardian understand his or her ward's disabilities and a conservator understand his or her fiduciary duties with respect to his or her protected person;
(b) Helping a guardian encourage increased independence on the part of his or her ward, as appropriate;
(c) Helping a guardian with the preparation and revision of guardianship plans and reports and a conservator with the preparation and revision of accountings; and
(d) Advising a guardian or conservator on ways to secure rights, benefits, and services to which his or her ward or protected person is entitled;
(7) Promote public awareness of guardianship and conservatorship, the responsibilities attached, and the need for more private guardians and private conservators; and
(8) Apply for and receive funds from public and private sources for carrying out the purposes and obligations of the act.
Source
Laws 2014, LB920, § 9.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4111 - Reports; contents.

30-4111.
Reports; contents.
The Public Guardian shall report to the State Court Administrator as directed by the State Court Administrator. The Public Guardian shall report to the Chief Justice and the Legislature on the implementation of the Public Guardianship Act on or before January 1 of each year. The report to the Legislature shall be made electronically. The report shall include the number and types of guardianships and conservatorships for which the Public Guardian has been appointed, including full guardianships, limited guardianships, and temporary guardianships, the disposition of those appointments, the amount of guardianship and conservatorship fees charged and collected under the act, and the status of the waiting list for public guardianship and public conservatorship services.
Source
Laws 2014, LB920, § 11.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4112 - Appointment of Public Guardian as guardian or conservator.

30-4112.
Appointment of Public Guardian as guardian or conservator.
A court may order appointment of the Public Guardian as a guardian or conservator only after notice to the Public Guardian and a determination that the appointment or order is necessary and will not result in the Public Guardian having more appointments than permitted by section 30-4115. The determination of necessity may require the court to ascertain whether there is any other alternative to public guardianship or public conservatorship.
Source
Laws 2014, LB920, § 12.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4114 - Successor guardian or successor conservator; report; court filing.

30-4114.
Successor guardian or successor conservator; report; court filing.
(1) Once the Public Guardian is appointed as guardian or conservator, the office shall make a reasonable effort to locate a successor guardian or successor conservator. By June 30 and January 1 of each year, the office shall file an aggregate report with the State Court Administrator describing its efforts to locate a successor guardian or successor conservator.
(2) Upon location of a successor guardian or successor conservator, the office shall file a motion with the court for termination or modification of the guardianship or conservatorship. Availability of a successor guardian or successor conservator shall be deemed a change in the suitability of the office for carrying out its powers and duties under section 30-4105.
Source
Laws 2014, LB920, § 14.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4115 - Office; responsibilities and duties; Public Guardian; limitation on appointment; notice.

30-4115.
Office; responsibilities and duties; Public Guardian; limitation on appointment; notice.
(1)(a) The office shall maintain the appropriate personnel and workload scope necessary to fulfill all its responsibilities and duties under the Public Guardianship Act.
(b) The office shall provide appropriate and high-quality care and support, including timely decisionmaking, to all public wards and public protected persons served by the Public Guardian and his or her designees.
(c) Public guardianship and public conservatorship cases shall be managed by the Public Guardian and be served by the multidisciplinary team through a caseload distribution of wards and protected persons that takes into consideration the:
(i) Identified needs of the service population;
(ii) Complexity and status of each case, based upon factors such as the individual’s living situation, the type of guardianship being provided, or the existence of complex medical conditions;
(iii) Size of the geographical area covered;
(iv) Qualifications and professional expertise of each team member;
(v) Availability of auxiliary services by support staff and volunteers;
(vi) Organizational responsibilities; and
(vii) Applicable legal requirements.
(2) The Public Guardian may accept an appointment as a public guardian or public conservator for an individual not to exceed an average ratio of twenty public wards or public protected persons to each member of the multidisciplinary team. When determining such average ratio, all full-time members of the office's multidisciplinary team may be counted.
(3) When the average ratio described in subsection (2) of this section has been reached, the Public Guardian shall not accept further appointments. The Public Guardian, upon reaching the maximum number of appointments, shall notify the State Court Administrator that such maximum number of appointments has been reached.
Source
Laws 2014, LB920, § 15;
Laws 2016, LB934, § 30.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4116 - Public Guardian; appointment; powers; duties.

30-4116.
Public Guardian; appointment; powers; duties.
(1) When the court appoints the Public Guardian as guardian or conservator for an individual, the Public Guardian immediately succeeds to (a) all powers and duties of a guardian provided in sections 30-2626 and 30-2628, if appointed a guardian, or (b) all powers and duties of a conservator provided in sections 30-2646, 30-2647, 30-2653, 30-2654, 30-2655, 30-2656, and 30-2657, if appointed a conservator.
(2) The Public Guardian shall:
(a) Be considered as an interested party in the welfare of the ward or protected person to which the Public Guardian is nominated. If the office is unable to accept the nomination due to its caseload or the status of its client-to-staff average ratio under section 30-4115, good cause shall be presumed to exist to deny its appointment. In such event, the appearance of the office shall no longer be required and the Public Guardian shall no longer be considered an interested party;
(b) Not file petitions for guardianships or conservatorships. After being appointed in a case, the Public Guardian may file a motion for termination, a motion for modification, or take any other legal action required to fulfill the duties and responsibilities of a guardian or conservator in accordance with the Public Guardianship Act;
(c) Visit the facility in which the ward or protected person is to be placed if it is proposed that the individual be placed outside his or her home; and
(d) Monitor the ward or protected person and his or her care and progress on a continuing basis. Monitoring shall, at a minimum, consist of monthly personal contact with the ward or protected person. The Public Guardian shall maintain a written record of each visit with a ward or protected person. The Public Guardian shall maintain periodic contact with all individuals and agencies, public or private, providing care or related services to the ward or protected person.
Source
Laws 2014, LB920, § 16;
Laws 2016, LB934, § 31.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4117 - Discharge of Public Guardian; when.

30-4117.
Discharge of Public Guardian; when.
The Public Guardian may be discharged by a court with respect to any of the authority granted over a ward or protected person upon petition of such individual, any interested party, or the Public Guardian or upon the court's own motion when it appears that the services of the Public Guardian are no longer necessary.
Source
Laws 2014, LB920, § 17.
Annotations
Once the Office of the Public Guardian has been appointed by the court, it may be discharged on the ground its services are no longer necessary only when it shows (1) the ward is no longer incapacitated and in need of a guardian or (2) it has located a successor guardian who is qualified, available, and willing to become a guardian. In re Guardianship of Nicholas H., 309 Neb. 1, 958 N.W.2d 661 (2021).
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4118 - Public Guardianship Cash Fund; created; use; investment.

30-4118.
Public Guardianship Cash Fund; created; use; investment.
The Public Guardianship Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall consist of money remitted pursuant to the Public Guardianship Act. The fund shall only be used to support the Public Guardianship Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2014, LB920, § 18.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4201 - Legislative findings.

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