(1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (a) The principal or the agent; (b) A guardian, conservator, or other fiduciary acting for the principal; (c) A person authorized to make health care decisions for the principal; (d) The principal's spouse, parent, or issue; (e) An individual who would qualify as a presumptive heir of the principal or would otherwise qualify as a devisee under a will that remains unrevoked; (f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (g) A governmental agency having regulatory authority to protect the welfare of the principal; (h) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and (i) A person asked to accept the power of attorney. (2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
Neb. Rev. Stat. § 30-4016
Judicial relief
Applied in 1 court decision — leading case 28 Neb. Ct. App. 624 - In re Trust of Cook (2020)
Most recently applied in 28 Neb. Ct. App. 624 - In re Trust of Cook (July 2020)
Laws 2012, LB1113, § 16.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.