49-1523 Effectuation and operation of form; general principles. - Nebraska Statutes

49-1523. Effectuation and operation of form; general principles.The following general principles shall in part govern the effectuation and operation of a statutory short form power of attorney:(1) Any competent person shall be entitled to act as and to be the principal under and to effectuate a statutory short form power of attorney. Any corporate fiduciary or person or any combination of either shall be entitled to act as and to be the agent under a statutory short form power of attorney;(2) The principal under a statutory short form power of attorney shall be entitled to modify the title of such power of attorney by addition to or incorporation in such power of attorney of any one or more of the expressions, contingent durable, durable, general, limited, nondurable, present durable, or special, or any other expression or expressions descriptive or suggestive of the character, nature, or purpose of such power of attorney, except that no such modification shall affect the construction or operation of such power of attorney;(3) If a principal has designated more than one person as the agent under a statutory short form power of attorney, the persons so designated shall be required to operate under such power of attorney only by and through the unanimous agreement and consent of such persons unless expressly authorized and empowered by the principal to operate otherwise;(4) If the principal has effectuated a statutory short form power of attorney but has not adopted or deleted each of the provisions permitted to be adopted or deleted, any provision not clearly and explicitly adopted shall not be adopted or made operative;(5) The principal under a statutory short form power of attorney shall be entitled to modify any included provision by elimination of any specific authority from any general power, by elimination of any specific authority or general power from plenary power subject to limitations, or by use of any other clear and explicit deletion or deletions. The principal under a statutory short form power of attorney shall be entitled to modify the content and substance of such power of attorney by inclusion of any other appropriate, convenient, or necessary provision or provisions or by use of any other clear and explicit addition or additions;(6) The principal under a statutory short form power of attorney shall be entitled to modify the content and substance of such power of attorney by inclusion of any provision or provisions for general or specific delegation by or substitution for the agent or for general or specific succession to the agent without disruption of the continuity of such power of attorney;(7) If the principal has effectuated a statutory short form power of attorney effective either as a contingent durable power of attorney or as a present durable power of attorney, it shall be and operate as a power of attorney without regard to later incompetence, if any, of the principal or later uncertainty, if any, as to the death of the principal as prescribed by the Uniform Durable Power of Attorney Act or any other applicable provisions of the Nebraska Probate Code;(8) If the principal has effectuated a statutory short form power of attorney, it shall be and operate as a nondurable power of attorney unless expressly designated by the principal to be and to constitute a durable power of attorney either as a contingent durable power of attorney or as a present durable power of attorney. If the principal has effectuated a statutory short form power of attorney as a contingent durable power of attorney or a present durable power of attorney, the agent shall be continuously and immediately entitled at any time before its revocation to determine and to resolve conclusively by affidavit or other verified document all questions as to the efficacy of such power of attorney related to the death of the principal, the commencement, continuation, or termination of incompetence of the principal, and the occurrence and other particulars of any contingency;(9) If the principal has effectuated a statutory short form power of attorney but has erroneously or inconsistently designated it to be and to constitute both a contingent durable power of attorney or present durable power of attorney and also a nondurable power of attorney, it shall be and operate only as a nondurable power of attorney. If the principal has effectuated a statutory short form power of attorney but has erroneously or inconsistently designated it to be and to constitute both a contingent durable power of attorney and also a present durable power of attorney or to be and to constitute a contingent durable power of attorney upon both the contingency of incompetence of the principal and also some other specified contingency not also involving incompetence of the principal, it shall be and operate as a contingent durable power of attorney only upon the contingency of incompetence of the principal;(10) If the principal has effectuated a statutory short form power of attorney but has erroneously or inconsistently designated it to entail the grant of both plenary power and plenary power subject to limitations, it shall be and operate as the grant of plenary power subject to limitations;(11) If the principal has effectuated a statutory short form power of attorney but has erroneously or inconsistently designated it to entail the grant of both plenary power and also any one or more general powers, it shall be and operate as the grant of plenary power. If the principal has effectuated a statutory short form power of attorney but has erroneously or inconsistently designated it to entail the grant of both plenary power subject to limitations and also any one or more general powers, either exclusive or inclusive of general power for domestic and personal concerns and general power for fiduciary relationships, it shall be and operate as the grant of plenary power subject to limitations;(12) If the principal has effectuated a statutory short form power of attorney but has erroneously or inconsistently designated it to entail the grant of plenary power subject to limitations and to involve both no other restrictions and also other restrictions or to involve neither no other restrictions nor other restrictions, it shall be and operate as the grant of plenary power subject to limitations upon each of all, if any, specifically included further restrictions, except that if no such further restriction has been specifically included, it shall be and operate as the grant of plenary power subject to limitations upon no other restrictions; and(13) The first to occur of death or incompetence of the principal who has effectuated a statutory short form power of attorney operative as a nondurable power of attorney shall revoke such power of attorney and terminate all agency relationship with the agent under such power of attorney except to the extent provided otherwise by applicable provisions of the Uniform Durable Power of Attorney Act or the Nebraska Probate Code. The acquisition by the agent of knowledge or notice of the death of the principal who has effectuated a statutory short form power of attorney operative as a contingent durable power of attorney or a present durable power of attorney shall revoke such power of attorney and terminate all agency relationship with the agent under such power of attorney except to the extent otherwise provided by applicable provisions of the Uniform Durable Power of Attorney Act or the Nebraska Probate Code. SourceLaws 1988, LB 475, § 23. Cross ReferencesNebraska Probate Code, see section 30-2201.Uniform Durable Power of Attorney Act, see section 30-2664.