Nebraska Power Of Attorney Form Template – Forbes Advisor






































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Published: Dec 29, 2023, 7:53am

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A power of attorney (POA) is a powerful legal document that allows someone else (an attorney-in-fact or agent) to make important decisions on your behalf. If you live in Nebraska, download this free Nebraska power of attorney form to help ensure your financial matters will be handled according to your wishes.

What Is a Power of Attorney?

A power of attorney is a legal document where one person, referred to as the principal, gives another person, known as the “attorney-in-fact,” authority to make decisions for them. The attorney-in-fact doesn’t need to be an actual attorney, but it should be someone the principal trusts to make sound choices on their behalf.

Powers of attorney can be “durable,” which means they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer effective if the principal becomes incapacitated.

In most states, a power of attorney must be notarized to be effective.


Who Should Use a Power of Attorney Form?

Anyone who wishes to allow another person to make certain financial, healthcare or other decisions on their behalf should strongly consider a power of attorney. They can be an especially useful estate planning tool to protect your wealth if you can no longer manage your finances.


How to Create a Power of Attorney in Nebraska

You must satisfy the following requirements to create Nebraska power of attorney:

  • The principal must be competent, meaning they can make their own decisions.
  • The power of attorney must be in writing.
  • The document must contain:
    • The name of the attorney-in-fact
    • The responsibilities the principal gives the attorney-in-fact
    • The principal’s signature, which must be notarized
    • The date of execution

While not required, you may wish to give copies of the final, signed document to your attorney-in-fact, financial institution and key family members. Store the original in a safe place. Revisit your power of attorney regularly and update it as circumstances change.


Types of Powers of Attorney

Principals can choose from several types of powers of attorney depending on their needs with regard to duration and scope.

Powers of Attorney Based on Capacity

Principals can select the correct type of power of attorney for them depending on whether they want it to take effect immediately, wait until they become incapacitated, and if they want it to end upon their incapacitation or death.

  • General or Non-Durable Power of Attorney. A general power of attorney gives the attorney-in-fact permission to act for the principal on a broad range of personal affairs and financial transactions. It automatically ends when the principal either becomes incapacitated or dies.
  • Durable Power of Attorney. A durable power of attorney remains in effect if the principal becomes incapacitated. In Nebraska, durability is presumed, meaning a power of attorney will automatically remain effective if the principal becomes disabled or incapacitated.
  • Springing Power of Attorney. Unlike general and durable powers of attorney, a springing power of attorney becomes effective only if the principal becomes disabled or incapacitated. It’s also referred to as a “standby power of attorney.”

Limited Powers of Attorney Based on Scope

Limited powers of attorney, as the name suggests, give attorneys-in-fact responsibility over specific topic(s) the principal designates but do not include sweeping rights to make decisions. Common examples include:

  • Financial Power of Attorney. With a financial power of attorney, a principal enables an attorney-in-fact to make financial decisions for them, including choices around investments, banking, real estate, loans, insurance and bill-paying.
  • Medical Power of Attorney or Durable Power of Attorney for Healthcare. A healthcare power of attorney allows an attorney-in-fact to make healthcare decisions for the principal, according to their wishes and professional medical advice, when the principal cannot do so for themselves. You may wish to nominate an alternate attorney-in-fact in case your primary one is unavailable in an emergency.


Who Can Be an Attorney-in-Fact?

Despite the term “attorney-in-fact,” you don’t have to be an attorney to serve in the role. In fact, nearly anyone can be an agent or attorney-in-fact. As long as the person selected is a legal adult and competent, they can serve as an agent.

The most important qualification is not an official one—the attorney-in-fact should be someone the principal trusts. A POA can grant a lot of power to the agent, so it’s essential that the agent be a person likely to do what the principal would prefer.


What Are the Signing Requirements for a Power of Attorney Form in Nebraska?

Signing requirements vary by state. In Nebraska, a power of attorney must be notarized to be valid, so do not sign it until you are in the presence of a notary.


Do You Need a Lawyer to Get a Power of Attorney in Nebraska?

You can use a template like the one provided above to create a perfectly legal power of attorney in Nebraska. You could even write one without a template, as long as it meets all the legal requirements.

Just because you don’t have to have a lawyer draw up your POA, though, doesn’t mean you shouldn’t. A power of attorney can give sweeping powers to the attorney-in-fact, so it’s a good idea to have a qualified lawyer review the document before signing.


Frequently Asked Questions (FAQs)

Who can override a power of attorney?

There are only two ways to override a power of attorney. The principal can override the POA—called “revocation”—as long as they are of sound mind. A revocation must be in writing and clearly express the intention to end the specific power of attorney.

The other way to override a power of attorney is through court action. A court can remove an agent directly or appoint a guardian or conservator to the principal, who could then revoke the POA themselves.

How do you get power of attorney if someone is incapacitated?

Power of attorney can only be granted by a principal of sound mind, so if someone becomes incapacitated, they can no longer appoint someone to be their agent. You can, however, petition the court to make you the person’s conservator or guardian. Once this appointment is made, you can act on the person’s behalf yourself or grant power of attorney to an agent to act for them.

How do you take power of attorney away from someone?

Anyone besides the principal or their guardian can only take away power of attorney by petitioning the court to intervene. As the principal—or the principal’s legally-appointed guardian or conservator—you can revoke a POA at any time, as long as you are of sound mind. You need to revoke the agent’s ability to act for you in writing and the revocation must clearly state the intention to revoke the power of attorney.

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Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.

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