The Nebraska power of attorney is a legal document used by the “principal” to authorize another person, called the “agent,” to represent them before governmental, financial, or any other institution, as well as any other third party.
This document usually contains information about the principal and the agent, a list of powers the agent is entitled to, and other instructions and terms on how the agent should represent the principal before third parties.
The principal issues a power of attorney mainly because of their inability to make decisions and take action due to various reasons. The most common reasons are an inability to act due to their mental or physical condition or the fact that they are living far from where a certain action needs to be taken.
Types of Power of Attorney in Nebraska
Nebraska Durable (Statutory) Power of Attorney Requirements
This type of Nebraska power of attorney remains valid after the principal becomes incapacitated. The Nebraska power of attorney is durable unless it explicitly states that it gets terminated in the event of the principal’s incapacitation.
Nebraska General (Financial) Power of Attorney Requirements
In this power of attorney, the principal doesn’t define a list of powers delegated to the agent but rather provides a general authorization to represent them in all financial matters.
Nebraska Limited (Special) Power of Attorney Requirements
The Nebraska special power of attorney, in contrast to the general power of attorney, provides a list of powers the agent can exercise on behalf of the principal. Therefore, every action not included in the power of attorney will be considered unauthorized.
Nebraska Parental (Minors) Power of Attorney Requirements
This type of Nebraska power of attorney is issued by the parent or legal guardian of a minor as a principal to another person as an agent, which enables them to take actions regarding the minor's healthcare and education. The parental power of attorney in Nebraska is valid for up to six months § 30-2604.
Nebraska Medical Power of Attorney Requirements
You can use the Nebraska medical power of attorney to enable some of your family members or a friend to make healthcare decisions for you if you become disabled. Any adult can become an agent as long as they are not adjudged incompetent.
Nebraska Springing Power of Attorney Requirements
If you wish a power of attorney to become effective after a certain date or after a specific condition is met, you can issue a springing power of attorney. A principal would usually set their incapacity as a condition that “springs” into effect a power of attorney.
Nebraska Vehicle Power of Attorney Requirements
With this type of power of attorney, you can authorize another person to buy or sell a car in your name and apply for the title transfer and the vehicle registration. After you complete the vehicle power of attorney, your agent can go to the Nebraska DMV and submit all the necessary applications on your behalf.
Nebraska Revocation Power of Attorney Requirements
You can use the Nebraska revocation power of attorney to revoke a power of attorney you have previously issued. However, the principal must notify all the relevant parties for the termination to be effective.
Nebraska Tax Power of Attorney Requirements
If you want to authorize another person to submit the tax reports and represent you in all the other tax-related matters before the Nebraska tax authorities, you can make a tax power of attorney. You should choose a professional, such as your accountant or a tax advisor, to be your agent.
Nebraska Real Estate Power of Attorney Requirements
You can authorize another person to represent your interests in relation to real estate matters. It can be an authorization for the real estate transaction, management of the real estate, or other action, as provided by § 30-4027.
Legal Requirements for a Power of Attorney in Nebraska
If you wish to issue a Nebraska power of attorney, you should make sure your document meets the following criteria:
Witnesses. In Nebraska, two witnesses must sign the Nebraska healthcare power of attorney. Certain categories of people are disqualified from being witnesses in this case, as provided by Nebraska Revised Statutes § 30-3405.
Mental capacity. At the moment of signing and issuing a power of attorney, the principal should be of sound mind and have the mental capacity to understand the consequences of their action.
Signature. A Nebraska power of attorney must be signed or marked by the principal or signed by another person directed by the principal to sign their name on the power of attorney.
Notarization. To be valid, the Nebraska power of attorney must be acknowledged by the notary public or other body authorized by law to take acknowledgments.
Who Can Be an Agent for a Power of Attorney in Nebraska?
In Nebraska, you can name any adult as your attorney-in-fact. However, that person must be capable and willing to represent you and whom you can trust.
In practice, this is usually the principal’s family member or a friend, unless the person requires specific knowledge and skill to complete the action on the principal's behalf. In that case, you might want to authorize an attorney, accountant, or other person with professional knowledge about the matter in question.
In Nebraska, you can also name more people as your co-agents, or you can name the successor agent who will act in case the agent you initially appointed cannot represent you.
How to Create a Nebraska Power of Attorney
Power of Attorney in Nebraska
#1. Decide on Which Type of Document to Use
Depending on your specific needs, you should choose an adequate type of Nevada power of attorney based on the moment you want your power of attorney to become effective or terminated.
#2. Select an Agent
In this step, you choose a person who is trustworthy, has the legal capacity to represent you, and, if needed, has the specific professional knowledge to protect your interests before third parties.
#3. Define the Agent’s Powers
You should choose between giving your agent general authority to represent you in all legal, financial, and other matters or making a list of powers and actions the agent is allowed to take on your behalf.
#4. Download & Fill in Our Form
After determining all the details you want to include in your power of attorney, you can simply download one of our Nebraska power of attorney templates and enter the relevant details.
#5. Get it Signed & Notarized
In Nebraska, any kind of power of attorney must be signed by the principal or another person instructed by the principal. Additionally, every power of attorney must be acknowledged by the notary public to be valid.
#6. Safely Store the Original Copy
The principal should store the original copy of the Nebraska power of attorney. If needed, the agent should also obtain one copy of the power of attorney, so they can prove to any third party that they are authorized to act on the principal’s behalf.
#7. Provide Copies to Relevant Parties
The principal should also provide copies of the Nebraska power of attorney to any third party the agent is interacting with.
#8. Update the Document as Needed
Every time some of the details or terms provided in the Nebraska power of attorney change, you need to update your document by drafting a new version and notarizing it.
How Long Does a Power of Attorney Last in Nebraska?
The Nebraska power of attorney can take effect immediately after the principal signs it or have a springing effect. In the second case, the power of attorney becomes effective after a certain date or after a certain condition is met.
When it comes to the termination of the Nebraska power of attorney, the principal can revoke it, while the agent can resign. Additionally, a power of attorney can be terminated after the principal becomes incapacitated unless it is issued as a durable power of attorney.
Nebraska Power of Attorney FAQ
You can use a power of attorney in every situation in which you are unable to act and represent yourself. This can include any legal, financial, medical, real estate, or other action.
A power of attorney authorizes another person to act on your behalf and conduct the actions you have authorized them to.
In Nebraska, every power of attorney must be acknowledged by the notary public or other body authorized by law to acknowledge such documents.
Even if you have already taken the time to create a will, you should also have a power of attorney in place. While the will outlines how your assets are distributed after you pass away, a power of attorney can protect your interests and well-being during your lifetime.