Structure
The Nebraska Durable Power of Attorney form serves as a crucial legal document that allows individuals to appoint a trusted person to make decisions on their behalf, particularly in situations where they may be unable to do so themselves. This form is designed to remain effective even if the principal becomes incapacitated, ensuring that their financial and healthcare matters can be managed without interruption. Key elements of the form include the designation of the agent, the specific powers granted, and any limitations or conditions the principal wishes to impose. Additionally, the document must be signed and notarized to ensure its validity and enforceability. Understanding the implications of this form is essential for anyone considering its use, as it not only empowers the designated agent but also protects the interests of the principal. Properly executed, the Durable Power of Attorney can provide peace of mind, knowing that one's affairs will be handled according to their wishes during times of need.
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Nebraska Durable Power of Attorney
This Durable Power of Attorney is created pursuant to the Nebraska Uniform Power of Attorney Act. It grants the person(s) you designate as your Attorney-in-Fact, or Agent, broad powers to handle your affairs. This document remains effective even if you become disabled or incapacitated.
Notice: The powers granted by this document are broad and sweeping. They may include the power to dispose of, sell, convey, and encumber your real and personal property. If you have any questions about these powers, you should seek legal advice before signing this document.
Principal Information
Full Name: _______________________________
Address: _________________________________
City, State, Zip: __________________________
Phone Number: ____________________________
Attorney-in-Fact/Agent Information
Full Name: _______________________________
Address: _________________________________
City, State, Zip: __________________________
Phone Number: ____________________________
Powers Granted
Select the powers you are granting to your Attorney-in-Fact by initialing each applicable line:
- _____ Real property transactions
- _____ Tangible personal property transactions
- _____ Stock and bond transactions
- _____ Commodity and option transactions
- _____ Banking and other financial institution transactions
- _____ Business operating transactions
- _____ Insurance and annuity transactions
- _____ Estate, trust, and other beneficiary transactions
- _____ Claims and litigation
- _____ Personal and family maintenance
- _____ Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service
- _____ Retirement plan transactions
- _____ Tax matters
Special Instructions
If you have any special instructions limiting or extending the powers you are granting to your Attorney-in-Fact, write them here:
__________________________________________________________________
__________________________________________________________________
Effective Date and Duration
This Durable Power of Attorney is effective immediately upon signing and remains in effect indefinitely unless revoked by me in writing or until my death.
Signature
Date: ___________________________
Principal's Signature: ___________________________
Principal's Printed Name: _________________________
Statement of Witness
I declare that the Principal appears to be of sound mind and free from duress at the time of signing this Durable Power of Attorney, and that they affirmatively acknowledge that this is the Durable Power of Attorney and that they grant the powers to the Attorney-in-Fact willingly.
Date: ___________________________
Witness's Signature: ___________________________
Witness's Printed Name: _________________________
Notarization
This document was acknowledged before me on Date: _____________ by _______________________ (Principal’s name).
Notary Public's Signature: _________________________
Notary Public's Printed Name: _____________________
Commission expires: ___________________
Document Features
| Fact Name | Description |
|---|---|
| Definition | A Nebraska Durable Power of Attorney allows an individual to appoint someone else to make financial decisions on their behalf, even if they become incapacitated. |
| Governing Law | The Nebraska Durable Power of Attorney is governed by the Nebraska Uniform Power of Attorney Act, found in Nebraska Revised Statutes Chapter 30, Article 40. |
| Durability | This form remains effective even if the principal becomes mentally or physically incapacitated, ensuring continuous management of their affairs. |
| Principal | The person who creates the Durable Power of Attorney is referred to as the principal. They must be at least 19 years old and of sound mind. |
| Agent | The individual appointed to act on behalf of the principal is known as the agent or attorney-in-fact. This person must be trustworthy and capable of handling financial matters. |
| Revocation | The principal can revoke the Durable Power of Attorney at any time, as long as they are competent. This can be done through a written notice. |
| Notarization | While notarization is not strictly required, it is highly recommended to ensure the document's validity and to avoid potential disputes. |
| Limitations | There are certain limitations on what an agent can do, such as making decisions regarding the principal's health care or altering their estate plan, unless specifically granted in the document. |
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When engaging in the sale of a vehicle, it is crucial to complete the Motor Vehicle Bill of Sale form, as it serves as a comprehensive record of the ownership transfer and guarantees that all transaction details are preserved in a legally binding manner.
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