§ 3-1104. Planning attorney.

   (A) Each planning attorney who represents clients drawn from the public must have a written plan providing certain information to assist the designated attorney in the event the designated attorney’s authority takes effect. The Nebraska Supreme Court authorizes the Attorney Services Division to develop a standard form to be used and it shall require information for the following:

   (1) the location of user credentials of the planning attorney to allow the designated attorney to access necessary computer systems, case management programs, email accounts and other technology that would assist the designated attorney in performing his or her duties and responsibilities under this rule; 

   (2) the location of the list of active clients and location of client files; and

   (3) firm or business bank account information and trust account information. 

   (B) Authorization.

   (1) The plan may authorize the designated attorney to collect fees, pay firm expenses and client costs, compensate staff, terminate lease agreements, liquidate or sell the practice, or perform other law firm administration tasks.

  (2) The plan must include language to make the designated attorney’s powers durable in the event of the planning attorney’s disability. See Neb. Rev. Stat. § 30-4004.

   (C) A standardized form outlining the requirements of this rule shall be available through the Attorney Services Division portal and made part of the annual license renewal process. The plan shall be updated when there is a change in designated attorney, if the planning attorney changes employment or moves law firms, or if information in the plan, such as location of client files, changes.

§ 3-1104 adopted January 15, 2025, effective November 1, 2025.