2021 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of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and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, ยง 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).
