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Question
Do I really need a power of attorney in Nebraska?
If you want to choose who will manage your property and financial affairs when you become incapacitated, you need a power of attorney. If you do not have one, a Nebraska court likely will appoint a guardian and a conservator for you.
Court proceedings to appoint guardians and conservators can be expensive and time-consuming. Your family members and loved ones may need to appear in court several times, which can add stress to an already difficult situation. Having a power of attorney can help prevent that stress. Create one easily today through FindLaw’s step-by-step process.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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Gather critical information with an estate planning checklist
How to get a Nebraska power of attorney form
Follow these steps to create your power of attorney:
Choose your agents
The most important quality you should look for in an agent is trustworthiness. If you do not trust someone to handle your money or property or follow your wishes, you should not name them as your agent.
Your power of attorney agent should be wise with money and comfortable communicating with financial institutions.
You also should name one or more successor agents. A successor agent will become agent if the previous agent is unable or unwilling to serve.
Delegate authority to your agents
You need to decide how much authority your agent should have. A limited power of attorney is a great way to give an agent authority to do specific acts, and you can create multiple limited powers of attorney for different tasks.
However, if you want someone to act when you are incapacitated, you should consider making a general power of attorney with broad authority. This will give your agent the flexibility to manage unexpected situations.
Sign your power of attorney document
Under Nebraska law, you must sign your power of attorney and have it notarized by a notary public.
Give your power of attorney to your agent and store it safely
Give your signed power of attorney to your agent, so they can prove they have the authority to act for you. You also should store copies of your power of attorney in a safe place. Finally, it can be helpful to give copies of your power of attorney to your bank or other businesses that will deal with your agent.
Common questions about powers of attorney in Nebraska
A power of attorney is a legal document that you (the principal) can use to name someone else (the agent or attorney-in-fact) to act or make decisions for you. Your agent’s acts and decisions will be legally binding on you.
In Nebraska, you can create a power of attorney for financial, property, and personal decisions and a health care power of attorney, also called a health care directive and living will for medical decisions. You can make a general power of attorney, which grants broad powers to your agent, or a limited power of attorney, which grants specific powers to your agent.
When planning for incapacity, you should make sure you have a durable power of attorney, meaning it stays effective when you are incapacitated. You also can create a springing power of attorney, which does not become effective until you are incapacitated. However, many lawyers advise against using them for powers of attorney because banks and businesses may be reluctant to accept your agent’s authority without significant proof that you are incapacitated.
Nebraska’s statutes offer free forms for a power of attorney. These forms are fine to use, but they may be difficult to fill out and format.
You may see other free online power of attorney forms, but you should avoid free forms that are not from a reputable source. Many free forms are not tailored to Nebraska law and may not be valid in Nebraska.
You do not need a lawyer to make a power of attorney in Nebraska. If you purchase a form from a reputable source such as FindLaw.com and follow the above steps, you can make your own. However, if you want legal advice, a Nebraska attorney can review your completed form or draft a power of attorney that meets your needs.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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