Nebraska Durable Power of Attorney

Introduction

Key Things to Know

1. 1

   A durable power of attorney lets someone act for you. It names an agent, also called your attorney-in-fact, to handle your money, property, and business matters. Durable means the document keeps working even if you later become incapacitated, which is usually why people set one up.

2. 2

   It is durable by default. Nebraska makes a power of attorney durable automatically. Under Neb. Rev. Stat. 30-4004, a power of attorney created after January 1, 2013, under the Nebraska Uniform Power of Attorney Act is durable unless it expressly provides that it terminates on your incapacity, so you do not need to add special durability language.

3. 3

   It must be notarized to be valid. Under Neb. Rev. Stat. 30-4005, you must sign the power of attorney (or mark it, or have it signed in your conscious presence by an individual you direct), and it is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgments.

4. 4

   No witnesses are required. Unlike some states, Nebraska does not require witness signatures. Neb. Rev. Stat. 30-4005 makes the notarial acknowledgment the validity step; witnesses are not part of the statutory requirement.

5. 5

   It is effective when signed, unless you make it springing. Under Neb. Rev. Stat. 30-4009, a power of attorney is effective when executed unless you provide that it becomes effective at a future date or on a future event, such as your incapacity, in which case a licensed physician or licensed psychologist typically confirms the triggering event.

6. 6

   Some powers need express language. Under Neb. Rev. Stat. 30-4024 an agent may create or revoke a trust, make a gift, change rights of survivorship or beneficiary designations, delegate authority, or disclaim property only if the document expressly grants that authority.

7. 7

   Real-property use can be recorded. Recording is not required for validity, but under Neb. Rev. Stat. 76-204 an instrument granting a power to convey land may be recorded with the register of deeds in the county where the property sits to support the agent's authority on the land records.

Nebraska Requirements for Durable Power of Attorney

• Sign and Acknowledge Before a Notary

  Under Neb. Rev. Stat. 30-4005, you must sign the power of attorney (or mark it, or have it signed in your conscious presence by an individual you direct), and it is not valid unless you acknowledge your signature before a notary public or other individual authorized by law to take acknowledgments.

• No Witnesses Are Required

  Nebraska does not require witness signatures. Neb. Rev. Stat. 30-4005 makes the notarial acknowledgment the validity step, so a properly notarized power of attorney is valid without any witnesses.

• Durable by Default

  Nebraska makes a power of attorney durable automatically. Under Neb. Rev. Stat. 30-4004, a power of attorney created after January 1, 2013, under the Nebraska Uniform Power of Attorney Act is durable unless it expressly provides that it terminates on your incapacity, so no special durability language is needed.

• Springing Effective Date (Optional)

  Under Neb. Rev. Stat. 30-4009, a power of attorney is effective when executed unless you provide that it becomes effective at a future date or on a future event. If effectiveness is triggered by your incapacity, it becomes effective on a written determination by a licensed physician or licensed psychologist, or a court or appropriate governmental official, unless you authorize another person to make that determination.

• Optional Statutory Form (Neb. Rev. Stat. 30-4041)

  You may use Nebraska's optional statutory form power of attorney at Neb. Rev. Stat. 30-4041. A document substantially in that form has the meaning and effect prescribed by the Nebraska Uniform Power of Attorney Act. It is a financial and property form and does not authorize health-care decisions.

• Record It for Real-Property Use

  Recording is not required for validity. Under Neb. Rev. Stat. 76-204, an instrument containing a power to convey land as agent, when proved or acknowledged as the statute prescribes, may be recorded in the office of the register of deeds in any county where the real estate is situated to support the agent's authority on the land records.

• Special Powers Need Express Language

  Certain high-risk powers, sometimes called hot powers, are allowed only if your document specifically grants them. Under Neb. Rev. Stat. 30-4024, your agent may create or revoke a trust, make a gift, change rights of survivorship or beneficiary designations, delegate authority, or renounce or disclaim property only when the document expressly says so.

• Termination and Revocation

  Under Neb. Rev. Stat. 30-4010, a power of attorney terminates when you revoke it, and an agent's authority terminates when you revoke that authority. Executing a new power of attorney does not revoke a prior one unless the new document says the previous power of attorney is revoked. If the document was recorded for real estate, record the revocation too so it gives notice.