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For those seeking to legally appoint an individual to manage health care determinations in cases of conceivable incapacitation, a medical POA can assist in solidifying the nomination. Further comprehension of a declaring party’s desires for medical treatment can be recorded using the advance directive form that blends the medical POA and Living Will. Situations that require authorization(s) to be endowed to another can also be individualized as needed for property, bank/tax accounts, insurance policies, government benefits, legal matters, or parental responsibility by using the associated document. Adjustments can be made to many of the forms to bestow powers with as board or narrow a range as the principal sees fit for their needs.
Laws
Statutes – Nebraska Revised Statutes – Uniform Power of Attorney Act (§ 30-4041 – 30-4045) and Nebraska Revised Statutes – Power of Attorney for Health Care (§ 30-3401 – 30-3432) and Nebraska Revised Statutes – Rights of the Terminally Ill Act (§ 20-401 – 20.416)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 30.4002(8)).
Signing Requirements – To initiate the lawful establishment of a power of attorney for financial, legal, and tax matters, certified notarization must occur in conjunction with the document’s execution (§ 30.4005). POA’s related to the granting of health care permissions can be instated with corroborating signatures from either a notary or two (2) allowable witnesses per Nebraska Revised Statutes § 30-3405 (§ 30-3404(5)).
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Provides one document combining a living will and medical power of attorney. It registers an account of a person’s desires for possible health care treatment and nominates an attorney-in-fact to make decisions should the principal become incapacitated.
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Signing Requirements: Acknowledgement from a notary public or two (2) eligible witnessing parties is obligated to solidify the commitments contained in the agreement officially.
Durable (Financial) Power of Attorney – Conveys denoted controls over assets, insurance policies, government, benefits, and/or tax matters from one party to another. The granted authority retains durability, allowing it to remain active after the possible incapacitation of the principal.
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Signing Requirements: Acknowledgment from a duly appointed notary is needed to verify the authenticity of all affixed signatures.
General (Financial) Power of Attorney – Temporarily transfers designated powers for financial and legal affairs from a declaring entity to an assigned agent.
Download: PDF, Word (.docx)
Signing Requirements: According to state standards, acknowledgment can be achieved with the assistance of a notary official at the time of signing.
Limited (Special) Power of Attorney – Establishes the endowment of a small number of precise rights from a principal to a proclaimed attorney-in-fact.
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Signing Requirements: Acknowledgement regulations for POAs dictate that a notary be present to witness all signatures.
Living Will – Demonstrates an overview of a person’s desires related to possible health care treatment scenarios.
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Signing Requirements: Acknowledgment specifications defined by state statutes demand that a notary public or two (2) suitable witnesses be present to oversee the endorsement process.
Medical Power of Attorney – A legal form used to appoint an identified agent to handle decisions of another in the event of the principal party’s incapacitation.
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Signing Requirements: Notarization from a licensed official or attestation from two (2) approved witnesses is necessary.
Minor Child Power of Attorney – Allows a parent to elect an alternate adult to receive temporary parental powers to manage the needs of a child.
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Signing Requirements: Acknowledgement from a notary professional is a vital prerequisite to activate the contract’s execution.
Motor Vehicle Power of Attorney Form – Approves permission for an individual to take on responsibilities to act on behalf of the owner concerning matters associated with a vehicle.
Download: PDF
Signing Requirement: Acknowledgement by way of formal notarization demanded to substantiate the inception of the gained authorization.
Real Estate Power of Attorney – Grants powers for a named attorney-in-fact to perform functions related to real estate transactions for the property holder.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary is needed to qualify the arrangement.
Revocation of Power of Attorney – The paperwork used to nullify past issued powers of attorney.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary must be acquired for completion.
Tax Power of Attorney (Form 33) – Authorizes a tax expert to legally handle a taxpayer’s account at the state level.
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Signing Requirements: The taxpayer is required to endorse the form in the specified area. For those who file joint taxes with their spouse, signatures from both parties must be received to enforce the conditions of the agreement.
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