Nebraska Power of Attorney Form

What Is a Power of Attorney?

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 financial power of attorney for financial, property, and personal decisions and a health care power of attorney 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.

Springing powers of attorney are a good idea for health care powers of attorney. However, many lawyers advise against using them for financial powers of attorney because banks and businesses may be reluctant to accept your agent's authority without significant proof that you are incapacitated.

How To Get a Nebraska Power of Attorney Form

You can hire an attorney licensed in Nebraska to make a power of attorney, or you can use a form from a reputable source. If you use a form, follow these steps:

1. 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 financial power of attorney agent should be wise with money and comfortable communicating with financial institutions. Your health care agent should know your personal beliefs about medical care and end-of-life decisions. Nebraska law prohibits your attending physician and specific health care providers from being your health care agent.

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.

2. 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.

3. Sign your power of attorney document

Under Nebraska law, you must sign your financial power of attorney and have it notarized by a notary public.

Your health care power of attorney can be notarized, or you can have two adult witnesses sign it. Only one of the two witnesses can be an administrator or employee of a health care provider who is treating you, and the following people cannot be witnesses:

• Your close family members
• Your romantic partner
• Your health care agent
• A person who will inherit from you
• Your attending physician
• A member of your mental health treatment team
• An employee of your life or health insurance providers

4. 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.

Give your health care power of attorney to your primary physician and other providers who will treat you. Finally, it can be helpful to give copies of your financial power of attorney to your bank or other businesses that will deal with your agent.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.