A Nebraska general power of attorney grants a representative (“agent”) the legal authority to make certain financial decisions on behalf of another individual (“principal”). This document is effective immediately on signing unless otherwise stated in the special instructions.

In Nebraska, if the principal wishes for the power of attorney to be non-durable and terminate upon their incapacitation, they must relay this desire clearly in the special instructions of the document. Otherwise, the agent’s authority will be durable and they’ll be able to act on behalf of the principal even if they have lost decisional capacity. This document must be signed in the presence of a notary public in accordance with the Nebraska Uniform Power of Attorney Act.

Laws – §§ 30-4001 – 30-4045 (Nebraska Uniform Power of Attorney Act)

Signing Requirements (§ 30-4005) – Notary Public

Durable Power of Attorney – Remains in place even in the event that the principal becomes incapacitated and unable to make decisions for themselves.