NE POA Laws:
The Nebraska Uniform Power of Attorney Act sets out the parameters of a legally enforceable power of attorney and ensures that the form, as well as its duties, are protected under the law. Here are some of the legal requirements of Nebraska’s statutory power of attorney:
- The power of attorney must be in writing, it cannot be a verbal agreement.
- The form must clearly identify the parties involved.
- The principal must be of sound mind and understand what they are signing.
- It must give special instructions for the agent.
- There is an option of including a successor agent.
- The principal must sign the POA in front of a notary public.
The Nebraska Legislature provides a statutory power of attorney for anyone to use.
The special instructions mentioned are the powers the agent may and may not use on behalf of the principal. Additionally, principals have the legal right to withdraw the POA provided that they are considered to be legally competent. Other reasons a power of attorney will be revoked or terminated include:
- The death of the principal.
- The power of attorney is fulfilled by a specified event listed within the document.
- The purpose of the power of attorney is fulfilled.
- The principal and agent file for legal separation or divorce and they do not include a special instruction within the document stating it will not end.
Why Would You Use a Nebraska Power of Attorney Form?
There are many reasons why someone would use a Nebraska power of attorney form to give someone the power to make decisions related to their tangible property, financial institution transactions, tax matters, or their well-being. A few of those reasons include:
- Age, mental health concerns, and illnesses. They may want their affairs handled in specific ways. It is generally advised that everyone, including those with a terminal illness and those in perfect health, have the proper power of attorney to ensure their matters are handled appropriately and that their wishes are fulfilled.
- A person with a mental illness may require a different type of power of attorney than a person with a terminal illness.
- A person with dependent children may require a different power of attorney than someone without dependent children.
Each person’s power of attorney needs may vary. Thankfully, there are several types of POAs available. Before you decide which to use, you should seek legal advice. Ask about which POA is best for your needs as well as how to revoke it if it becomes necessary to do so. Here are the most common Nebraska power of attorney forms.
General Power of Attorney
A general power of attorney grants an agent the fiduciary power to make decisions on behalf of the principal.
According to the Nebraska Supreme Court, a general power of attorney is not filed with the court. The agent is also entitled to be paid a reasonable fee for their services. If the principal becomes incapacitated or dies or if the principal revokes the document, the general power of attorney becomes invalid.
Durable Power of Attorney
A durable power of attorney is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
- The term "durable" comes from the fact that this authorization continues over the principal if they were to become incapacitated. The Center for Rural Affairs provides a durable power of attorney free for download that is written in compliance with the Nebraska Uniform Power of Attorney Act.
Limited Power of Attorney
A limited power of attorney grants limited power to whatever the principal specifies.
- It is also known as a special power of attorney. In many cases, an agent will have the power to make decisions about personal property or make medical decisions, but will not have the authority to do other things such as contact the principal's financial institutions (depending on what the principal decides). Just like a general power of attorney, the document is revoked if the principal becomes incapacitated or dies. It can also be terminated if its purpose is considered fulfilled. The principal may also choose to revoke the document.
Healthcare Power of Attorney
A healthcare power of attorney grants power to the agent to make important healthcare decisions on the principal's behalf. It is also known as a medical power of attorney.
- While this document allows an agent to make health care decisions and can be durable in nature, it does not allow the agent to make end-of-life decisions. The principal must also establish a living will to record what medical care they would like and what they would not like if they are declared incapacitated. The Nebraska Department of Health and Human Services provides a living will PDF free of charge.
Minor Child Power of Attorney
A minor child power of attorney allows a parent or guardian to grant decision-making rights over their child to a temporary guardian in the case that the parent or guardian may not be present during a medical emergency.
- This form is generally used if the parent must leave the country for a period of time. It may also be used when the minor child is temporarily traveling with or residing with another adult.
Real Estate Power of Attorney
A real estate power of attorney grants power to the agent, allowing them to buy, sell, and manage real estate on the principal's behalf.
- It has the flexibility to be either durable or non-durable. Because it can cause serious legal issues, this POA should be used with extreme care. Make sure that you first seek legal advice before signing this document.
Tax Power of Attorney
A tax power of attorney form allows the agent, generally a qualified individual such as an accountant, to prepare and submit tax information to the Nebraska Department of Revenue on behalf of the principal.
- The official name of this document is Form 33. It also allows the agent to answer questions posed by the Nebraska Department of Revenue regarding the principal’s taxes.
Vehicle Power of Attorney
A vehicle power of attorney allows the agent to buy, sell, and handle the necessary paperwork with the Nebraska Department of Motor Vehicles on the principal’s behalf.