A Nebraska durable power of attorney form authorizes an individual—also known as the agent—to make financial-related decisions on behalf of another individual—also known as the principal. This is a durable form, which means that it remains effective even if the principal becomes incapacitated.
In Nebraska, this form is also known as a general durable power of attorney and a durable power of attorney for finances and it does not authorize decisions related to health care matters. To grant durable power over medical decisions, you need a medical power of attorney.
A DPOA becomes effective as soon as the principal signs it unless otherwise specified in the Special Instructions section.
Here is what you need to know to learn how to use a DPOA in Nebraska.
Nebraska Durable Power of Attorney Requirements
In Nebraska, power of attorney forms are durable by default.
Relevant Laws: §§ 30-4001 — 30-4045 (Nebraska Uniform Power of Attorney Act)
Presumed Durable: Yes. § 30-4004
Signing: Signature required.
Notarization: A durable power of attorney must be notarized in Nebraska. § 30-4005
Statutory Form: Yes — § 30-4041
How to Fill Out a Nebraska DPOA Form
To create a durable power of attorney form for Nebraska, follow these steps.
Step 1: Designate an Agent
Before creating a DPOA in Nebraska, the principal must choose an agent to act on their behalf and in their best interest. It is advisable to choose a trustworthy person that lives nearby and understands the responsibilities outlined in the DPOA form.
If you want to appoint more than one agent, you can name a coagent in the Special Instructions section. It’s not necessary for the agents to act together unless you specify so on the form. In case your agent cannot act on your behalf, your DPOA will end. To prevent this, you can name one or two successor agents that will replace your first choice.
Once the agent was chosen, both parties write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
Next, you need to decide the type of power you want to grant to your agent—comprehensive or specific, based on the items listed on the form. A general DPOA in Nebraska allows you to choose from the following subject areas:
- Real property
- Tangible personal property
- Stocks and bonds
- Commodities and options
- Banks and other financial institutions
- Business operations
- Insurance and annuities
The principal can write specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure Your Form Is Durable
In Nebraska, a power of attorney is presumed to be durable unless it’s described as non-durable on the form.
Step 4: Sign and Date the Form
To complete the paperwork, the agent and the principal sign and date the durable power of attorney form. In Nebraska, the DPOA form must be notarized as well in order to be valid.
Storing and Using Your Form in Nebraska
You don’t need to file your DPOA with a Nebraska court, but you need to store it in a secure place and let the people involved know where it is located.
To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).
Signing on Behalf of the Principal
To enable the agent to sign on your behalf, you should contact the third party or place the DPOA will be used, and provide the IDs of both parties.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
A principal can choose to pay the agent for his or her services unless otherwise states in the Special Instructions section.
Revoking a Durable Power of Attorney in Nebraska
The agent’s authority will remain effective until you die or revoke the DPOA form by completing and filing a revocation of power of attorney form. The form is also revoked if the agent resigns or cannot act on your behalf.
A new DPOA form will not revoke or cancel an older one unless you specify so in the new form.