Financial Power of Attorney - Nebraska

NEBRASKA DURABLE FINANCIAL POWER OF ATTORNEY

Important Information

This is a financial power of attorney under the Nebraska Uniform Power of Attorney Act identified in Neb. Rev. Stat. § 30-4001. It does not authorize health-care decisions.

Under § 30-4004, a power created after January 1, 2013, under the Act is durable unless it expressly provides that incapacity terminates it. Section 30-4005 requires the Principal's signature or other statutorily authorized signing method and an acknowledgment before a notary public or other officer authorized to take acknowledgments. Section 30-4041 provides a statutory form; this template follows its conservative structure.

1. Principal

I, [PRINCIPAL FULL LEGAL NAME], of [PRINCIPAL ADDRESS], appoint the Agent named below to act for me subject to this document and Nebraska law.

2. Agent

Agent: [AGENT FULL LEGAL NAME]

Address: [ADDRESS]

Telephone: [TELEPHONE]

3. Successor Agents

If the Agent is unable or unwilling to act, I appoint:

First Successor Agent: [NAME, ADDRESS AND TELEPHONE]

If that person is unable or unwilling to act, I appoint:

Second Successor Agent: [NAME, ADDRESS AND TELEPHONE]

Under § 30-4011, a successor has the same authority as the original Agent unless this document states otherwise and may not act until all predecessor Agents have ceased or declined to serve.

4. Release of Information

I authorize a governmental agency, business, creditor, financial institution, or other person holding information about my assets or income to release that information to an Agent acting within authority granted by this document, subject to applicable privacy law.

5. Grant of General Authority

Initial each subject you grant. Initial “All Preceding Subjects” instead of each separate subject only if you intend to grant every listed general subject.

These labels track § 30-4041. Sections 30-4025 and 30-4026 govern incorporation and construction of the selected authority.

6. Specific Authority Withheld

I do not authorize the Agent to exercise any power listed in § 30-4024(1), including authority to:

1. create, amend, revoke, or terminate an inter vivos trust;
2. make a gift;
3. create or change rights of survivorship;
4. create or change a beneficiary designation;
5. delegate authority granted under this power of attorney;
6. waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
7. exercise fiduciary powers that I may delegate; or
8. renounce or disclaim property, including a power of appointment.

An Agent who is not my ancestor, spouse, or issue may not use any specific authority to create an interest in my property for the Agent or a person whom the Agent is legally obligated to support unless this document expressly provides otherwise. This form grants no such authority.

The Agent may not make health-care decisions or execute or revoke my will.

Do not change this section without individualized advice from a Nebraska attorney. Any gift authority is also subject to § 30-4040.

7. Special Instructions and Limits

The following instructions may narrow the general authority initialed above. They do not add a specific power withheld by Section 6:

[____________________________________________________________]

[____________________________________________________________]

8. Effective Date and Durability

This power of attorney is effective immediately when executed.

This power of attorney is durable and is not terminated by my incapacity.

A future or contingent effective date requires carefully drafted Special Instructions under § 30-4009. Obtain Nebraska legal advice before converting this immediate form into a springing power.

9. Nomination of Conservator or Guardian

If protective proceedings are later commenced, I nominate:

Conservator or Guardian of My Estate: [NAME, ADDRESS AND TELEPHONE]

Guardian of My Person: [NAME, ADDRESS AND TELEPHONE]

This nomination is made under § 30-4008 for consideration by the court.

10. Agent's Duties

An Agent accepts appointment by exercising authority, performing duties, or otherwise indicating acceptance unless this document states another method. Under § 30-4014, an Agent who accepts must:

1. follow my reasonable expectations to the extent known and otherwise act in my best interest;
2. act in good faith and only within granted or reasonably implied authority;
3. unless this document provides otherwise, act loyally, avoid disabling conflicts, use ordinary care, competence, and diligence, keep transaction records, cooperate with my health-care decision-maker, and attempt to preserve my known estate plan when consistent with my best interest; and
4. provide records when ordered by a court or properly requested by a person authorized under § 30-4014(8), within the statutory time.

11. Compensation and Reimbursement

Choose one:

☐ The Agent may receive the reasonable compensation and reimbursement permitted by § 30-4012.

☐ The Agent may receive reimbursement of reasonable expenses but no compensation.

☐ Compensation will be determined as follows: [DESCRIBE].

12. Termination and Revocation

Section 30-4010 governs termination. The power terminates at my death, upon revocation, when a stated termination event occurs, when its purpose is accomplished, or when no Agent remains able and authorized to act.

Filing an action for dissolution, annulment, or legal separation terminates a spouse-Agent's authority unless this document provides otherwise. A later power of attorney does not revoke this one unless the later document expressly revokes this power or all earlier powers.

I may revoke this power or an Agent's authority by a signed written revocation delivered to the Agent and persons expected to rely on the power. Obtain legal advice concerning notice or recording needed for particular property or transactions.

13. Reliance, Judicial Relief, and Liability

Section 30-4019 governs good-faith acceptance and reliance on an acknowledged power of attorney. A person asked to accept it may request an Agent certification, English translation, or opinion of counsel in the circumstances stated by that section.

Under § 30-4006(1), the county court and district court of my domicile have concurrent jurisdiction to determine validity and enforceability. Section 24-517(13) also gives county court concurrent original jurisdiction with district court in matters relating to a power of attorney and an Agent's action or inaction. This document does not create an exclusive “probate court” forum.

The persons listed in § 30-4016 may petition a court to construe this power or review the Agent's conduct. Under § 30-4017, an Agent who violates the Act is liable for the amount required to restore my property to the value it would have had without the violation; the court may award costs, expenses, and reasonable attorney fees as justice requires. This document does not impose an artificial liability cap, mandatory arbitration, or jury waiver.

14. Governing Law

Nebraska law governs this power of attorney.

15. Principal's Signature and Acknowledgment

I sign this document voluntarily and intend to create a durable financial power of attorney.

Principal's Signature: ____________________________________

Printed Name: [PRINCIPAL FULL LEGAL NAME]

Date: [__/__/____]

STATE OF NEBRASKA

COUNTY OF [COUNTY]

This document was acknowledged before me on [__/__/____] by [PRINCIPAL FULL LEGAL NAME].

Notary Public or Other Authorized Officer: ______________________________

Printed Name: [________________________________]

Commission Expires: [__/__/____]

16. Optional Agent Acknowledgment

I, [AGENT NAME], acknowledge that I have read this document and accept the appointment subject to Nebraska law and the duties stated above.

Agent's Signature: ____________________________________

Date: [__/__/____]

17. Optional Agent Certification

An Agent may use the certification form in Neb. Rev. Stat. § 30-4042 to certify facts concerning this power of attorney and the Agent's authority.

Sources and References

• Nebraska Uniform Power of Attorney Act, § 30-4001: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4001
• Neb. Rev. Stat. §§ 30-4004 through 30-4006: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4004
• Neb. Rev. Stat. §§ 30-4010 through 30-4014, 30-4016, 30-4017, and 30-4019: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4010
• Neb. Rev. Stat. §§ 30-4024 through 30-4026: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4024
• Neb. Rev. Stat. §§ 30-4040 through 30-4042: https://nebraskalegislature.gov/laws/statutes.php?statute=30-4040
• Neb. Rev. Stat. § 24-517(13): https://nebraskalegislature.gov/laws/statutes.php?statute=24-517