The Nebraska durable power of attorney (DPOA) is a legal document used for delegating certain powers from one person to another that remains valid even if the principal becomes incapacitated. The person delegating their powers is called the principal, while the person who represents the principal is called the agent or the attorney-in-fact.
The principal can use the durable power of attorney in every situation where they are not able to represent themselves and personally complete a certain activity or make a certain decision. This can happen due to dementia, Alzheimer’s disease, or other physical or mental disabilities.
However, it can also be used when the principal is located far from the place where a certain action needs to be taken.
Durable Power of Attorney Laws & Requirements in Nebraska
Laws & Requirements
Relevant laws. Chapter 30, § 30-400130-4045, Uniform Power of Attorney Act
Signing requirements. The principal must sign the Nebraska durable power of attorney before the notary public or other body authorized to take acknowledgments. § 30-4005
Statutory form. The Nebraska law provides the statutory form for the power of attorney at § 30-4041.
“Durable” definition. According to the Nebraska Uniform Power of Attorney Act, § 30-4002(3), durable, with respect to a power of attorney, means not terminated by the principal’s incapacity.
How to Fill out a Durable Power of Attorney in Nebraska
#1. Designate an Agent
First, you should determine the person who will act on your behalf and represent your interests. That should be the person who is of legal age and has the legal capacity to represent you.
Moreover, you should find a person you trust, especially if you are authorizing them to make decisions regarding your finances and health care.
Once you have determined the agent, enter their information, such as their full name and mailing address, in the durable power of attorney form.
Here, you can also determine a successor agent. That is the person who will act in case the primary agent becomes incapacitated or, in some other way, unable to represent you.
#2. Grant Authority
Once you have determined the agent, you should define their scope of authority.
The Nevada durable power of attorney form provides three ways to determine the agent’s scope of authority:
Scope of Authority
General authority. Here, you will enable your agent to take all the necessary steps and represent you before all the third parties. You can limit the general authority by listing the actions the agent is not allowed to take.
Partial authority. With this option, you can select the activities you want to include in your agent’s scope of authority by selecting them from the list of activities provided in the durable power of attorney form. You can select the activity by signing your initials next to the relevant authority.
Specific authority. In this section, you can describe the scope of authority in your own words. This gives you more flexibility since you can include the activities not provided in the partial authority section.
#3. Ensure the Form is Durable
In Nebraska, the power of attorney is durable by default. This means that if you want your power of attorney to be non-durable, you have to explicitly state so in the document.
#4. Sign the Form
The principal or another person in their conscious presence must provide the signature for the durable power of attorney.
#5. Notarize the Form
The notary public or another body authorized to make acknowledgments must notarize the Nebraska durable power of attorney.
#6. Store Your Durable Power of Attorney Form
After finalizing the durable power of attorney, you should keep the original copy in your possession. Also, make sure you keep your document in a safe place.
You can also give one copy to the agent so they can prove their capacity to any third person they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Nebraska
You can revoke the Nebraska durable power of attorney by making a verbal or written revocation, destroying the document with the intent of revocation, or issuing a new power of attorney that revokes the previous one.
The best way, however, is to issue the revocation letter. This letter should include information about the agent and the date of issuance of the power of attorney you want to revoke.
To make the revocation effective, you should give a copy to the agent and to all relevant third parties.