Nebraska Statutes 30-4006. Validity of power of attorney
(1) A power of attorney executed in this state on or after January 1, 2013, is valid if its execution complies with section 30-4005. The county court and the district court of the principal’s domicile shall have concurrent jurisdiction to determine the validity and enforceability of a power of attorney.
Terms Used In Nebraska Statutes 30-4006
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Statute: A law passed by a legislature.
(2) A power of attorney executed in this state before January 1, 2013, is valid if its execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 30-4007 ; or
(b) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.
(4) Except as otherwise provided by statute other than the Nebraska Uniform Power of Attorney Act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.