A power of attorney, also called a POA, gives one person the authority to act on behalf of a loved one, called a principal, who may be incapacitated.
The individual, also called an attorney-in-fact, may handle the person’s affairs, financial decisions or even help make healthcare and treatment decisions.
With Nebraska power of attorney, laws regarding POA set up protections for the incapacitated person. This includes not letting an attorney-in-fact refuse life-sustaining procedures or routine comfort care.
Nebraska also requires that power of attorney must be granted in writing, and there must be two adults witnesses under the Uniform Power of Attorney Act.
Here’s everything else you need to know about Nebraska power of attorney.
Nebraska Durable Power of Attorney
With Nebraska durable power of attorney, an individual is appointed to oversee general affairs and finances. “Durable” refers to the fact that, even if you become incapacitated, your power of attorney remains in control of your affairs. This includes handling any business dealings and the entire scope of your finances.
Keep in mind that you can name a spouse as your durable power of attorney, but if you get divorced, they will remain your POA. As long as you’re in a capable state of mind, you can change that.
It is advised to appoint someone you trust entirely as your durable POA, but preferably someone who also lives nearby to manage the day-to-day affairs.
Nebraska General Power of Attorney
Nebraska general power of attorney is similar to durable, but it comes without that condition of durability. So, if the individual does become incapacitated, the general power of attorney document becomes void. However, while it’s still in effect, an attorney-in-fact handles all business and financial matters.
Someone may choose a general power of attorney agreement over a durable one. This is so that if they become incapacitated, they don’t have to worry about their POA making poor decisions on their behalf.
Nebraska Limited Power of Attorney
With Nebraska limited power of attorney, it allows an individual to appoint an attorney-in-fact to handle specific business matters or financial affairs. Unlike a general or durable POA, a limited POA puts specific restrictions on what the attorney-in-fact can do.
This form is usually used when the individual needs their attorney-in-fact to handle a particular transaction or action. Once it is dealt with, the document becomes void.
Nebraska Medical Power of Attorney
Nebraska medical power of attorney is a form that appoints an attorney-in-fact for an individual if they become incapacitated or disabled. The attorney-in-fact could be making life-changing decisions for the principal, so it’s important to pick someone who is trustworthy and has your best interests in mind.
In Nebraska, professional healthcare workers or physicians can’t become an attorney-in-fact unless they’re related to the principal.
Nebraska Minor (Child) Power of Attorney
When dealing with this power of attorney, a parent or legal guardian delegates a child’s parental controls to their attorney-in-fact. While the attorney-in-fact is responsible for the minor’s custody and care, they cannot make decisions regarding adoption or marriage consent.
A parent may use this form if they plan to be away for a long time. However, the agreement becomes void after six months, so a new power of attorney must be signed by everyone involved.
Here are a few more questions you may have about Nebraska Power of Attorney.