What Is a Nebraska Power of Attorney?
A Nebraska power of attorney is a legal document that gives someone the power to act for you in matters involving property, health, or finances. A power of attorney usually involves two parties: the principal and the agent. A principal grants authority, while an agent acts on their behalf.
A power of attorney is an essential part of estate planning. If you become incapacitated, a power of attorney allows someone else to manage your affairs until you recover. Without a power of attorney, loved ones may need a court’s help to access your bank accounts or manage your property.
It’s important to create a power of attorney when you’re of sound mind. Nebraska doesn’t recognize a power of attorney drafted after a person becomes incapacitated. Per NE Code § 30-4002, an incapacity is an impairment that affects one’s ability to evaluate information or communicate responsible decisions.
Types of Powers of Attorney in Nebraska
Nebraska has two main types of POAs: durable and non-durable. You may create a power of attorney that addresses specific concerns, such as future healthcare needs or financial oversight.
Durable vs. Non-Durable POAs
A durable power of attorney remains effective throughout your life, even if you can no longer make decisions. It’s useful for estate planning purposes or when you may be unavailable for extended periods.
A non-durable power of attorney ends if you become incapacitated. It’s helpful when you’re unavailable and need someone else to manage your affairs. For example, you might designate an agent to oversee a property sale while you’re in another state. Under NE Code § 30-4004, Nebraska considers a POA durable unless you state otherwise in the document.
Medical/Healthcare POA
A Nebraska power of attorney for health care gives someone else authority to make medical decisions for you if you can’t under NE Code § 30-3401. It remains valid until the principal’s death per NE Code § 30-3410 unless the principal revokes it or the agent withdraws. It can include optional instructions for life-sustaining treatment.
While a medical power of attorney in Nebraska allows you to set guidelines for end-of-life care, some people prefer to use an advance care directive. This arrangement combines a power of attorney with a living will.
If you establish an advance care directive, your healthcare power of attorney retains control over medical decisions until a physician determines a recovery is unlikely. If that happens, the provider follows the instructions you provided for end-of-life care.
Financial POA
A financial power of attorney in Nebraska authorizes someone to handle specific monetary transactions on your behalf. It’s useful for short- or long-term financial planning. For example, you might use a financial POA to appoint someone to manage your retirement funds.
Durable (Financial)
Ensure that your wishes are followed in the event that you become unable to make choices for yourself. Remains in place even after the principal’s incapacitation.
Signing Requirements: Notary public. (§ 30-4005).
Limited (Special)
Give limited powers to an agent for certain tasks.
Signing Requirements: Notary public (§ 30-4005).
Non-Durable (General)
Give your agent the ability to handle your financial and property needs.
Signing Requirements: Notary public.
Springing
“Springs” into action when a specific event occurs (such as if the principal becomes incapacitated).
Signing Requirements: Notary public.
Vehicle
Appoint an agent to make decisions on your motor vehicle.
Signing Requirements: Notary public.
Real Estate
Permits an agent to oversee the principal's real estate dealings.
Signing Requirements: Notary public.
Tax (Form 33)
Use a Nebraska Department of Revenue Power of Attorney to appoint a state tax representative.
Minor (Child)
Confers interim responsibility for a child's health and education.
Signing Requirements: Notary public.
Revocation
Use to revoke an existing power of attorney.
Signing Requirements: Notary public. (§ 30-4005).
How to Write a Power of Attorney for Nebraska
A valid Nebraska power of attorney includes several essential elements:
- Principal and agent details: Principal and agent’s contact information.
- Powers granted: Agent’s authority over property and legal matters.
- Limitations: Principal’s restrictions or special conditions on the agent’s authority.
- Signature: Principal and witness or notary signature.
In most cases, a Nebraska durable power of attorney form becomes effective when you sign it in the presence of a notary. It may also be valid if you sign it before a witness authorized to take acknowledgments. You can specify a different start date in the document if desired.
If you want the POA to start upon a future event, clarify your wishes in the document to avoid misunderstandings.
When you’re ready to create your own Nebraska power of attorney form, you can use our document editor. It walks you through the key steps so you know what information to include. Once you fill out our template, you can download the final copy as a PDF or Word document. Keep it in your records and distribute copies to entities who’d need to know about your granted authority.
Legal Requirements and Considerations for Nebraska POAs
When drafting your power of attorney, keep Nebraska’s legal requirements in mind. It sets rules regarding a power of attorney’s duration and validity.
Duration
Per NE Code § 30-4004, a durable power of attorney in Nebraska remains effective from the execution date until the principal dies. However, you can customize its duration to fit your needs in the document’s terms. Examples include setting a future start or end date. Our Nebraska power of attorney editor includes built-in functionality to customize your document’s duration and terms.
Termination
A power of attorney terminates under any of these circumstances per NE Code § 30-4010:
- Death: The principal dies. The power of attorney also ends if the agent dies and the document doesn’t list an agent successor.
- Incapacitation: The principal has a non-durable power of attorney and becomes incapacitated.
- Revocation: The principal formally revokes the agent’s authority and provides them with a notice of revocation.
- Termination date: The document includes a specific end date.
- Purpose fulfillment: The power of attorney serves and completes its intended purpose.
- Divorce or separation: The document names a spouse as the principal’s agent, and a legal action to dissolve the marriage occurs.
Revocation
The revocation of a power of attorney occurs when you tell the agent you no longer need the agreement. While Nebraska law doesn’t explicitly require a written termination notice, it’s necessary to use one to avoid the agent acting on your behalf after your intended termination. Save a copy of the revocation and the original power of attorney for your personal records.
Make sure to notify anyone else the revocation affects, such as your attorney, bank, or close family members.
Filing
Nebraska doesn’t require you to file a copy of the power of attorney with local government agencies. However, if you created a power of attorney for a real estate transaction, you should record a copy with the local Register of Deeds office.
Signing and Notarization
A Nebraska power of attorney requires the principal’s signature. If you can’t sign it, you can direct someone else to do so in your presence.
Nebraska assumes a power of attorney witnessed by a notary is genuine under NE Code 30-4005. For that reason, it’s strongly recommended that you notarize your form. Without a notary’s signature, a court may doubt the validity of a power of attorney.
