30-2667 Fiduciary; relation to attorney in fact; appointment procedure. - Nebraska Statutes

30-2667. Fiduciary; relation to attorney in fact; appointment procedure.(1) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his or her property except specified exclusions, the attorney in fact shall be accountable to the fiduciary as well as to the principal. The fiduciary shall have the same power to revoke or amend the power of attorney that the principal would have had if he or she were not disabled or incapacitated.(2) A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate, or guardian of the person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. A principal in a power of attorney or a durable power of attorney may waive the requirement that the conservator, guardian of the estate, or guardian of the person be required to post a bond. SourceLaws 1985, LB 292, § 8.