30-4016. Judicial relief.(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 d 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.Source Laws 2012, LB1113, § 16.Annotations Subsection (1)(e) of this section pertains to a 'presumptive heir,' which necessarily relates to a decedent's blood relatives. In re Trust of Cook, 28 Neb. App. 624, 947 N.W.2d 870 (2020).
Nebraska Legal Code