Power of Attorney Form for Nebraska

NEBRASKA DURABLE GENERAL POWER OF ATTORNEY

DOCUMENT ID: NE-POA-2024-INST-001
VERSION: 4.0.1
EFFECTIVE DATE: [Effective Date]
GOVERNING JURISDICTION: State of Nebraska
STATUTORY AUTHORITY: Nebraska Uniform Power of Attorney Act (Neb. Rev. Stat. §§ 30-4001 to 30-4045)

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1. STATUTORY & LEGAL COMPLIANCE NOTICE

IMPORTANT NOTICE TO THE PRINCIPAL: This document is a significant legal instrument. It grants another person (your Agent) broad powers to handle your property and financial affairs. These powers will continue to exist even if you become incapacitated. This document does not authorize anyone to make medical or other health-care decisions for you. This instrument is governed by the Nebraska Uniform Power of Attorney Act. You have the right to revoke this Power of Attorney at any time while you are competent. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you.

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2. PARTIES & RECITALS

This Durable General Power of Attorney ("Agreement" or "Instrument") is executed on this [Day] of [Month], [Year], by and between:

PRINCIPAL: [Principal Full Legal Name]
[Principal Residential Address]
[City, State, Zip]
(hereinafter referred to as the "Principal")

AGENT / ATTORNEY-IN-FACT: [Agent Full Legal Name]
[Agent Residential Address]
[City, State, Zip]
(hereinafter referred to as the "Agent")

SUCCESSOR AGENT (Optional): If the Agent is unable or unwilling to serve, [Successor Agent Full Legal Name], of [Successor Agent Address], is hereby appointed as Successor Agent with the same powers and authorities granted herein.

RECITALS: WHEREAS, the Principal desires to appoint the Agent to act in the Principal's name, place, and stead to perform certain acts and exercise certain powers regarding the Principal’s property and financial affairs; and WHEREAS, the Principal intends for this instrument to be "Durable" as defined under Nebraska law, remaining in full force and effect notwithstanding the Principal’s subsequent disability or incapacity.

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3. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

3.01. GRANT OF GENERAL AUTHORITY

The Principal hereby grants to the Agent full power and authority to exercise or perform any act, power, duty, right, or obligation whatsoever that the Principal now has or may hereafter acquire the legal right, power, or capacity to exercise or perform in connection with, arising out of, or relating to any person, item, thing, transaction, business, property, real or personal, tangible or intangible, or matter whatsoever.

3.02. SPECIFIC FINANCIAL & PROPERTY POWERS

The Agent's authority includes, but is not limited to, the following powers as defined by the Nebraska Uniform Power of Attorney Act:

1. Real Property: To buy, sell, lease, exchange, mortgage, quitclaim, or otherwise transfer or encumber any interest in real property.
2. Tangible Personal Property: To manage, sell, lease, or secure any tangible personal property.
3. Stocks and Bonds: To buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities and financial instruments.
4. Banks and Other Financial Institutions: To open, modify, or close bank accounts; withdraw funds; deposit checks; and utilize safe deposit boxes.
5. Operation of Entity or Business: To operate, buy, sell, enlarge, reduce, or terminate an ownership interest in any business or entity.

3.03. COMPENSATION, REIMBURSEMENT, & PAYMENT TERMS

1. Compensation: The Agent [shall/shall not] be entitled to reasonable compensation for services rendered under this Instrument. If compensation is authorized, it shall be calculated at the rate of [Amount in USD] per hour or according to the [Standard Fee Schedule] attached hereto.
2. Reimbursement: The Agent shall be entitled to reimbursement for all reasonable, documented expenses incurred in the exercise of the powers granted under this Instrument.
3. Invoicing & Records: The Agent shall maintain a detailed log of all actions taken, time expended, and expenses incurred. If requested by the Principal or a court-appointed fiduciary, the Agent shall provide an invoice/accounting within thirty (30) days.

3.04. TERM & TERMINATION

1. Effective Date: This Power of Attorney is effective immediately upon proper execution and notarization.
2. Durability: This Power of Attorney shall not be affected by the subsequent disability or incapacity of the Principal.
3. Termination for Convenience: The Principal may revoke this Instrument at any time by providing written notice to the Agent.
4. Breach and Cure: Any unauthorized use of the Principal's funds or breach of fiduciary duty by the Agent shall result in immediate termination of authority. The Principal reserves the right to seek all legal and equitable remedies.

3.05. INTELLECTUAL PROPERTY & WORK MADE FOR HIRE

To the extent the Agent manages or oversees the creation of any works during the term of this engagement that pertain to the Principal's business interests, any such work shall be deemed a "Work Made for Hire" under the U.S. Copyright Act. The Principal shall retain all right, title, and interest in and to any intellectual property, patents, or trademarks developed or managed by the Agent in the Principal's name.

3.06. MUTUAL CONFIDENTIALITY & NON-DISCLOSURE

The Agent shall hold in strict confidence all non-public information, financial records, personal data, and business secrets of the Principal ("Confidential Information"). The Agent shall not disclose Confidential Information to any third party without the prior written consent of the Principal, except as required by law or to facilitate transactions authorized herein.

3.07. REPRESENTATIONS & WARRANTIES

1. Principal's Capacity: The Principal represents that they are of sound mind and under no duress or undue influence to execute this Instrument.
2. Agent’s Warranty: The Agent warrants that they have not been convicted of a felony involving financial crimes or fraud and will act in accordance with the Principal's reasonable expectations and best interests.

3.08. LIMITATION OF LIABILITY & INDEMNIFICATION

1. Limitation: The Agent shall not be liable for any loss to the Principal's estate unless such loss results from the Agent's bad faith, intentional misconduct, or gross negligence.
2. Indemnification: The Principal’s estate shall indemnify and hold harmless the Agent from any and all liability, loss, or damage incurred in the performance of duties under this Instrument, provided the Agent acted in good faith and within the scope of authority granted.

3.09. DISPUTE RESOLUTION & ARBITRATION

Any dispute arising out of or relating to this Instrument, including its validity, shall be settled by binding arbitration in [County], Nebraska, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

3.10. MISCELLANEOUS PROVISIONS

1. Severability: If any provision of this Instrument is held to be invalid, the remaining provisions shall continue in full force and effect.
2. Governing Law: This Instrument shall be governed by and construed in accordance with the laws of the State of Nebraska.
3. Entire Agreement: This document constitutes the entire agreement between the Principal and Agent regarding the Power of Attorney and supersedes any prior oral or written agreements.
4. Counterparts: This Instrument may be executed in counterparts, including electronic signatures, which together shall constitute one and the same instrument.

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4. EXECUTION & FORMAL SIGNATURE BLOCKS

FOR THE PRINCIPAL: By signing below, I acknowledge that I have read and understand the powers granted herein and execute this document voluntarily.

Signature: _____________________________________
Printed Name: [Principal Full Legal Name]
Address: [Principal Address]
Date: [Date]

FOR THE AGENT (ACCEPTANCE OF APPOINTMENT): I, [Agent Full Legal Name], have read the foregoing Power of Attorney and am the person identified as the Agent for the Principal. I hereby accept the appointment and agree to act in accordance with the Principal’s best interests and the laws of the State of Nebraska.

Signature: _____________________________________
Printed Name: [Agent Full Legal Name]
Title: Attorney-in-Fact
Date: [Date]

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5. NOTARY ACKNOWLEDGMENT

Required by Neb. Rev. Stat. § 30-4005

STATE OF NEBRASKA ) ) ss. COUNTY OF [COUNTY NAME] )

The foregoing instrument was acknowledged before me this ____ day of ___________, 20, by [Principal Full Legal Name], Principal, and [Agent Full Legal Name], Agent.

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Notary Public My Commission Expires: [Date] (Seal, if any)

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6. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Document Customization: Open this document in Microsoft Word or Google Docs. Replace all bracketed text (e.g., [Principal Full Legal Name]) with the specific legal names, addresses, and dates. Ensure all "Optional" sections are either completed or deleted to prevent ambiguity.
2. Verify Authority: Confirm that the Principal is of legal age (19 in Nebraska, unless emancipated) and possesses the mental capacity to contract.
3. Witnessing/Notarization: Under Nebraska law, a Power of Attorney must be acknowledged before a Notary Public. While Nebraska does not strictly require witnesses if notarized, it is best practice to have two disinterested witnesses present to prevent future challenges.
4. Digital Signature Execution: If using DocuSign or Adobe Sign, ensure the platform provides a "Certificate of Completion" that includes the IP address, timestamp, and audit trail. Note: For real estate transactions, some Nebraska County Recorders may still require an original "wet ink" signature; check with the local Register of Deeds.
5. Recording: If the Agent will be managing real estate, a certified copy or the original Power of Attorney should be recorded with the Register of Deeds in the Nebraska county where the property is located.
6. Distribution & Retention:
   • Provide the original to the Agent.
   • Keep a copy in the Principal's secure records.
   • Provide copies to financial institutions (banks, brokerage firms) to ensure they recognize the Agent's authority on the accounts.
7. Revocation: If the Principal wishes to revoke this power, they must execute a "Revocation of Power of Attorney" and provide written notice to the Agent and all financial institutions where the POA was previously filed.