A Nebraska Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.
Last Update May 15th, 2023
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- Types of Power of Attorney in Nebraska
- How to Get a Power of Attorney in Nebraska
- Nebraska Power of Attorney Requirements
- Nebraska Power of Attorney Sample
- FAQs About Nebraska Power of Attorney Forms
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Types of Power of Attorney in Nebraska
Before starting a Nebraska Power of Attorney, it is critical to know what type of POA to create. There are many different varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.
The most common kinds of POA available in Nebraska include the following examples:
Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated. Be aware, however, there are additional signing requirements for this kind of Power of Attorney. In addition to a notary public, you will also need two witnesses to sign to put the form into action (§ 30-3404).
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle (DMV): A Vehicle Power of Attorney (or DMV POA) gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before The Nebraska Department of Revenue.
How to Get a Power of Attorney in Nebraska
ANebraska Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Also, some pre-prepared forms for specific POAs can be obtained directly from a NebraskaDMV site or the Nebraska Department of Revenue. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Nebraska Power of Attorney Requirements
To comply with NE law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.
Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that:
They are over 18 years old
They are sound of mind
They understand the agreement being signed
If the Agent is a financial institution, they must have trust powers and a registered place of business within Nebraska.
The document itself must also be signed in a way that’s legally compliant with Nebraska state statutes. Under Nebraska legislation, this must be done in the following way:
Both the Principal and the Agent must sign.
A notary public must oversee the signing and sign too (§ 30-4005).
If you sign a medical POA you will also need two witnesses present, who must also sign their acknowledgment (§ 30-3404).
Be aware, that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in Nebraska. You’ll need to register the document with the local clerk of the county where the property is located within 30 days of signing.
Nebraska Legislature (§ 30-4002) allows you to use your Power of Attorney in other states that have adopted the Universal Power of Attorney (UPOAA). In 2012 Nebraska officially adopted this act. Make sure your document follows the guidelines of how to write the POA.
Nebraska Power of Attorney Sample
Looking over a completed Nebraska POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.
FAQs About Nebraska Power of Attorney Forms
It is important to have a good understanding of what Nebraska Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
Where Can I Get a Power of Attorney in Nebraska?
It is possible to create your own Nebraska Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local DMV or Department of Revenue office or can pay to have a legal expert draft and complete your document.
Does a Power of Attorney Need to Be Notarized in Nebraska?
Yes, when you sign a Power of Attorney in Nebraska you will need a notary public to be present. Without their signature and oversight, your document won’t be fully valid in the eyes of the law.
Additionally, there are further signing requirements if you create a Medical POA. In this case, as well as the Agent and the Principal, a notary and 2 witnesses will need to oversee the signing.
What is the Difference Between a General and a Durable Power of Attorney in Nebraska?
The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your Nebraska Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.
Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.