A Nebraska revocation power of attorney form is used to cancel a previously granted power of attorney. Ensure effectiveness by not merely storing it away; instead, mark the original POA as “revoked,” attach the revocation notice, and distribute these documents to your agent, any successor agent, and all relevant entities.
Legal Considerations
Statute – Nebraska Revised Statutes – Uniform Power of Attorney Act (§ 30-4001 – 30-4045).
Termination – § 30-4010.
Signing Requirements – Nebraska does not provide a specific procedure for revoking a power of attorney, but it is advisable to execute the revocation in the same manner as the original document.
Revocation and Termination
In Nebraska, a Durable Power of Attorney can be revoked at any time by a competent principal.
Here’s the process:
- Document the Decision: You must formally write down any cancellation or amendment.
- Notify Relevant Parties: Inform your agent (the person you’ve granted power) of your decision. Also, notify banks, doctors, or anyone else who may interact with your agent based on the power of attorney.
- Legal Advice: If there are any specific or complex issues involved, it’s advisable to consult with a lawyer to ensure that the revocation is processed correctly and all legal requirements are met.
Fees
- Notary Fees: In Nebraska, the maximum fee that a notary may charge for this document is $5.
- Legal Fees: Revoking a POA can be done independently, but for complex cases, consulting an attorney is advisable. Legal charges vary, with some attorneys offering flat fees for POA services between $100 and $500, while others may charge hourly.
- Recording Fees: If the original POA was filed with your local Nebraska County Register of Deeds Office, record the revocation there too. Fees usually range from $10 to $30, depending on the county.
Resources
- State of Nebraska Judicial Branch – Financial Power of Attorney
- State of Nebraska Judicial Branch – Revoking (Canceling) a Power of Attorney
Related Forms
Medical Power of Attorney
Signing Requirements: Two witnesses or a notary public. (§ 30-3404).
Durable Power of Attorney
Signing Requirements: Notary public. (§ 30-4005).
Vehicle Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
