Nebraska Power of Attorney Forms

The Nebraska Power of Attorney Forms enable any individual, so long as they are not incapacitated, to exercise their legal right to appoint another party to oversee any matters that they cannot or do not want to manage on their own. The party who carries out the individual’s affairs must meet certain criteria in order to be granted such decision making powers. For instance, they must not be the owner or operator of the hospital or assisted living facility the individual currently, or will reside in.


Types

Durable (Statutory) Power of Attorney – If an individual enacts a durable type of financial POA, it will remain in force in spite of their incapacity, should such a circumstance transpire.

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General (Financial) Power of Attorney – It is up to the determination of the principal whether they wish for their financial POA to continue in the event of their incapacitation. If they do not wish for it to do so, they should opt for a general type of POA.

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Health Care (Medical) Power of Attorney – This is a commonly used form as it provides a sense of security to the principal. It does so by guaranteeing that their health care choices will be followed should they one day enter a mental or physical state that prevents them from communicating such wishes themselves.

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Limited (Special) Power of Attorney – A Limited (Special) Power of Attorney is most suitable for situations in which the principal only requires the agent’s services for a limited period or scope.

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Minor Child Power of Attorney – Sets out the terms in which a parent or guardian may assign another party to take on certain responsibilities for the care of their child.

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Motor Vehicle (DMV) Power of Attorney – The Nebraska Department of Motor Vehicles allows residents to exercise their choice to designate an attorney-in-fact to address certain affairs related to their automobile on their behalf.

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Real Estate (Property) Power of Attorney – A Real Estate Power of Attorney gives any homeowner or potential homeowner the opportunity to elect another person or entity to take charge of any specified real estate matters.

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Revocation of Power of Attorney – The reasons a POA may be terminated include the expiry of the its terms and the principal’s incapacitation or death. If the principal wishes to revoke the POA for another reason, they can do so using this form.

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State Tax Filing Power of Attorney – A resident of the state may file this form with the Nebraska Department of Revenue to designate another party the authority to receive confidential information concerning their taxes so that they may manage certain tax affairs on their behalf.

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What is a Nebraska Power of Attorney?

Nebraska Power of Attorney is a legally-binding record of one party’s decision to delegate certain responsibilities or tasks they have to another party they believe will be capable of handling them. It should be kept in mind by anyone considering creating a power of attorney (POA) in Nebraska that the Nebraska Uniform Power of Attorney Act covers most Power of Attorney arrangements. That is, except health care power of attorney arrangements, which are addressed by a distinct set of laws.

  • Nebraska Power of Attorney Laws – (Revised Statutes, Chapter 30, Sections 30-4001 to 30-4045, “Nebraska Uniform Power of Attorney Act” (bottom of page)) and (Revised Statutes, Chapter 30, Sections 30-3401 to 30-3432, “Power of Attorney For Health Care”)
  • State Definition of Power of Attorney (§ 30-4002(8)) – “a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
  • Signing Requirements (§ 30-4005) – The state requires that a POA is signed or marked by the Principal before a Notary Public or other authorized individual. Another individual may sign on behalf of the Principal if they have been directed by the Principal to do so, and the signature is made in the Principal’s conscious presence.

When is it Effective?

According to § 30-4009, a POA becomes effective upon its valid execution. In line with § 30-4005, valid execution requires that the Principal’s signature or marking on the POA was made before a Notary Public or other authorized individual. Or, that another individual who signed the POA on behalf of the Principal did so on the Principal’s direction, and that this signature was made in the Principal’s conscious presence.

That is, unless the Principal has specified to the contrary in the contract, i.e. that it will become effective at a future date or upon the occurrence of a future event or contingency. If the POA will only become effective upon the Principal’s incapacitation, and they have not authorized a person to determine this, or the person who carries such authority is unable or unwilling to make the determination, it is necessary that their incapacitation is determined by a licensed physician, licensed psychologist, court, or an appropriate governmental official.