Nebraska Power of Attorney Laws Explained

Create a Power of Attorney Nebraska Power of Attorney Laws Explained

Find Out How To Set Up a Nebraska Power of Attorney With DoNotPay

A power of attorney (POA) needs to be as clear and concise as possible.

Nebraska has taken this message to heart, which is why it provides forms that cover every type of POA. In doing this, the state aims to minimize confusion and avoid costly and time-consuming litigation when powers of attorney are contested.

DoNotPay is your one-stop resource for POA documentswe have all the info you need to set up a Nebraska power of attorney!


What Kinds of Power of Attorney Does Nebraska Offer?

Nebraska has separate laws for medical and financial powers of attorney.

Financial POAs are regulated by the Nebraska Uniform Power of Attorney Act of 2013, which states that all POAs granted in Nebraska should adhere to the same format.

The Act covers the following POA variations:

Type of POA Explanation
General POA A general POA in Nebraska assigns financial responsibility to a principal’s agent from the moment of signing until the principal becomes incapacitated
Durable POA Powers of attorney that are designated durable extend the same powers to the agent as a general POA but continue to be valid after the principal becomes incapacitated. They can be terminated only by:

  • The passing of the principal
  • Written revocation by the principal
  • The agent’s inability or unwillingness to continue with the responsibility
Limited POA A limited POA confers either restricted powers to the agent or limits the length of time the agent is appointed for
Springing POA A principal can designate an entire POA or individual responsibilities within a general or durable POA as “springing.” This means they only come into effect when certain criteria—such as the incapacity of the principal—are met

Nebraska also offers specific forms for the following POA requirements:

  • POA for guardianship of a child
  • Real property transfer POA
  • POA for transfer of vehicle ownership

Nebraska residents need to use the statutory POA forms the state provides.

What Are Nebraska’s Laws on Signing and Witnessing?

If you are signing a power of attorney in Nebraska, you must follow the state’s rules of signing and witnessing for your POA to be valid. State legislation insists that you sign in the presence of:

  1. Witnesses
  2. A notary

Witnesses

Nebraska requires powers of attorney to be witnessed by two people who are:

  • Aged 18 or over
  • Of sound mind
  • Not related to either the principal or the agent

A Notary

You must have your power of attorney notarized in Nebraska. The notary is responsible for:

  • Verifying you are who you claim to be
  • Checking that you are of sound mind and able to understand the contents of your POA at the time of signing
  • Ensuring you are not signing the POA under duress

Once you have completed these formalities, your Nebraska power of attorney is in force.

What Are the Steps to Granting Power of Attorney in Nebraska?

As in other states, the process of setting up a power of attorney in Nebraska involves these steps:

Steps To Set Up a POA Explanation
Choosing an agent The principal should choose an agent who:

  • Can be trusted to act in the principal’s best interests
  • Will be able to perform their duties for as long as the POA is in force
  • Will not be a divisive or contentious choice
Drafting the POA letter The contents of your POA need careful preparation to make sure you:

  • Include everything you need
  • Avoid ambiguity and confusion
Signing the document Once you have prepared the scope of the POA, you can sign the document and have it witnessed and notarized

The Nebraska Uniform Power of Attorney Act states that all powers of attorney in the state are by default durable ones unless the document expressly states otherwise.

This means that you must be careful to define the type of power of attorney you want clearly.

Setting up your power of attorney in Nebraska is a relatively straightforward process using the forms the state legislature provides.

DoNotPay has an even easier option, though—we can generate a customized power of attorney for you online in a few minutes!

Use DoNotPay To Get Your Power of Attorney in a Flash!

Nebraska law states that a power of attorney signed in a different state is valid in Nebraska if it was signed legally in its state of origin.

This means that you can simplify the process of setting up your POA by letting DoNotPay do the work for you!

Getting your customized POA from DoNotPay is quick and easy—here’s what you need to do:

  1. Sign up with DoNotPay in your web browser
  2. Go to our Create a Power of Attorney feature
  3. Fill in the details you need to be included in your POA

Once you have your customized power of attorney, you can go ahead and sign it in the presence of a notary and witnesses. You can even choose to have DoNotPay connect you with an online notary—just specify it while filling out the short questionnaire from above.

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