Free Nebraska Power of Attorney (POA) Form

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.

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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:

  1. Both the Principal and the Agent must sign.
  2. A notary public must oversee the signing and sign too (§ 30-4005).
  3. 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.

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Nebraska Power of Attorney Sample

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.

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Nebraska Power of Attorney Sample

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Nebraska Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
Release of Information
I agree to, authorize, and allow full release of information, by any governmental agency, business, creditor, or third party who may have information pertaining to my assets or income, to my agent named herein.
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Nebraska Uniform Power of Attorney Act:

(INITIAL each subject you want to include in the agent's general authority.)

________ - Real property

________ - Tangible personal property

________ - Stocks and bonds

________ - Commodities and options

________ - Banks and other financial institutions

________ - Operation of entity or business

________ - Insurance and annuities

________ - Estates, Trusts, and Other Beneficial Interests

________ - Claims and Litigation

________ - Personal and Family Maintenance

________ - Benefits from governmental programs or civil or military service

________- Retirement plans

________ - Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, Nebraska.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of Nebraska
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

OPTIONAL SIGNATURE OF THE AGENT


I HAVE READ AND ACCEPT THE DUTIES AND LIABILITIES OF THE AGENT AS SPECIFIED IN THIS POWER OF ATTORNEY.



  
__________________________________________________
_________'s SignatureDate
  


___________________________________
Agent's Name Printed
___________________________________
Agent's Address
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