Durable Power of Attorney

Disclaimer:
These instructions and the interactive form below were produced by Legal Aid of Nebraska, a nonprofit organization providing free legal services to eligible Nebraskans who meet income, asset and other guidelines. Legal services may include advice and counsel, brief services, or full representation, depending upon the situation.  Additional information may be found at:  http://www.legalaidofnebraska.com.  To apply for services, click here
The information and statements of law in this fact sheet should not be considered legal advice.  Although these instructions and forms were developed to assist people who are handling their own legal matters, you should consider talking to an attorney about your legal issues.  Any questions you may have regarding the use of the instructions and forms should be directed to an attorney.

DURABLE POWER OF ATTORNEY

This Durable Power of Attorney form is for financial and medical matters.  This form will need to be signed before a notary public for the State of Nebraska or be signed before two witnesses.

 GLOSSARY (TERMS TO KNOW)

Agent: a person who is authorized to act for another.  Also called attorney-in-fact.
Principal: the person who has given the authority to the agent to act on their behalf.
Power of Attorney: a document that gives someone authority to act on your behalf on matters you specify.
Revocation: When the Principal takes away (revokes) the authority and power of the agent to act on behalf of the Principal.
 INFORMATION YOU SHOULD KNOW

The Durable Power of Attorney, if signed and executed correctly, allows you to appoint a person to act on your behalf.  This person is called your “Attorney-in-Fact”.  The document becomes effective, and the Attorney-in-Fact assumes his or her authority, when the document is signed before a notary public for the State of Nebraska or before two witnesses.  Keep in mind that under Nebraska law, if you name more than one person to be your Attorney-in-Fact, they must all agree on every decision in order to act on your behalf.

 You can, through a Durable Power of Attorney, give your Attorney-in-Fact power of attorney over your medical needs in the event you are incapable of making your own decisions.  If you do so, it is recommended that when he or she begins to act on your behalf, he or she obtains a letter from your doctor stating you are unable to make your own medical or other decisions, explaining the causes and nature of your incapacity.

 Please note this Durable Power of Attorney form does not contain any directions regarding life sustaining treatment.  This document is not a living will because it does not specifically state your opinions regarding whether you want life sustaining treatment to be used if you are diagnosed with a terminal condition or are in a persistent vegetative state. 

 Like other legal documents, if the Durable Power of Attorney is signed based upon coercion, fraud or undue influence, it may not be valid.  Furthermore, if you are not mentally competent to understand and sign the document, it may not be valid. 

 CAUTION:  Choose your agent with extreme care!  You are giving that person a great deal of responsibility and authority with this document by allowing that person to make important decisions concerning your medical and financial matters.

 WHEN DOES A DURABLE POWER OF ATTORNEY END?

The Durable Power of Attorney ends when you revoke it.  In order to revoke it, you must state, in writing, that you intend to revoke it.  The notice of revocation must be dated and signed in the presence of a notary public.  A copy of the revocation must be sent to your Attorney-in-Fact.  You should also send a copy to anyone with whom your Attorney-in-Fact no longer has the authority to represent your interests, such as your physician.  Keep the original revocation for your records.

 The Durable Power of Attorney may also end if you or your Attorney-in-Fact dies.  However, if you have more than one Attorney-in-Fact, the surviving Attorney-in-Fact will still have a Durable Power of Attorney over you.

 INSTRUCTIONS FOR USING THIS FORM

1.                  Read the Durable Power of Attorney form very carefully.  Make sure the form includes your correct information.  Make any changes if necessary.

2.                  You must sign the Durable Power of Attorney in front of a notary public for the State of Nebraska or before two witnesses.  Do not sign the document BEFORE you see the notary or witnesses.  If you sign it in front of a notary, the notary will notarize the document and give it back to you.  Some notaries charge a fee.  Most banks have notaries that do not charge fees.

3.                  Once the document is completed, the original should be given to the person you have delegated to act on your behalf (Attorney-in-Fact).  A copy should be given to your physician so he or she is aware of who will be making medical decisions for you in the event you become incapable of making medical decisions for yourself.  You should retain a copy for your records.

To use the interactive Durable Power of Attorney  form click here