Nebraska Durable (Statutory) Power of Attorney Form
The Nebraska Durable (Statutory) Power of Attorney is a form that once executed, will lawfully establish terms that pertain to a Power of Attorney that is durable in nature. Durability is a legal concept that is defined in the law (§ 30-4002(3)) as a feature of a Power of Attorney that means it will “not terminated by the principal’s incapacity.” In other words, in contrast to a non-durable Power of Attorney, durability will impact the state of a Power of Attorney in a number of substantial ways, of which have been noted in the section below.
The durability of a Power of Attorney will affect it in two primary ways:
- The decision making powers bestowed to the Agent will remain entirely unaffected in the event the Principal enters into a state of incapacity, and
- The Agent will be legally obliged to continue handling the Principal’s affairs in the same manner as they did before such an event.
State Laws & Signing Requirements
State Laws – Nebraska Uniform Power of Attorney Act (Sections 30-4001 to 30-4045)
Signing Requirements (§ 30-4005) – In line with Nebraska state law, it is mandatory for a Durable (Statutory) Power of Attorney to signed or marked by the Principal before a Notary Public or other authorized individual. The POA may be signed by another individual other than the Principal in their conscious presence, so long as the Principal has directed them to do so.