As a responsible adult, it's essential to plan for the unexpected, including situations where you may be unable to make decisions for yourself. One way to ensure your wishes are respected is by creating a power of attorney (POA) document. In Nebraska, a POA allows you to appoint someone you trust to manage your financial, medical, or personal affairs if you become incapacitated. In this article, we'll break down the Nebraska power of attorney in 5 easy steps, helping you understand the process and make informed decisions.
What is a Power of Attorney?
Before we dive into the 5 steps, let's define what a power of attorney is. A POA is a legal document that grants someone, known as the agent or attorney-in-fact, the authority to act on your behalf. This can include managing your finances, making medical decisions, or handling personal matters. In Nebraska, there are different types of POAs, including:
- General power of attorney: grants broad powers to manage financial and personal affairs
- Limited power of attorney: grants specific powers for a particular purpose or transaction
- Durable power of attorney: remains in effect even if you become incapacitated
- Medical power of attorney: grants authority to make medical decisions
Step 1: Choose Your Agent
The first step in creating a Nebraska power of attorney is to choose your agent. This person will be responsible for managing your affairs, so it's essential to select someone you trust and who is capable of handling the responsibilities. Consider the following factors when choosing your agent:
- Trustworthiness: can you trust this person to act in your best interests?
- Competence: is this person capable of managing your affairs?
- Availability: is this person available to act on your behalf when needed?
- Conflict of interest: does this person have any conflicts of interest that could impact their decision-making?
Step 2: Determine the Scope of Authority
Once you've chosen your agent, you need to determine the scope of their authority. This includes deciding what powers you want to grant your agent and what specific tasks you want them to perform. Consider the following:
- Financial management: do you want your agent to manage your bank accounts, investments, or real estate?
- Medical decisions: do you want your agent to make medical decisions on your behalf?
- Personal matters: do you want your agent to handle personal matters, such as managing your household or caring for your dependents?
Nebraska Power of Attorney Form
In Nebraska, you can use a power of attorney form to create your POA document. You can obtain a form from the Nebraska Secretary of State's website or consult with an attorney to create a custom document. The form should include the following information:
- Your name and address
- Your agent's name and address
- The scope of your agent's authority
- The duration of the POA (e.g., until your death or incapacitation)
- Your signature and notarization
Step 3: Sign and Notarize the Document
Once you've completed the POA form, you need to sign and notarize the document. This involves:
- Signing the document in front of a notary public
- Having the notary public witness your signature and verify your identity
- Obtaining a notarized seal or stamp on the document
Nebraska Notary Public Requirements
In Nebraska, notaries public are required to:
- Be at least 19 years old
- Be a resident of Nebraska
- Pass a background check
- Complete a notary public education course
- Obtain a notary public commission from the Nebraska Secretary of State
Step 4: Store the Document Safely
After signing and notarizing the POA document, it's essential to store it safely. This includes:
- Keeping the original document in a secure location, such as a safe or a fireproof box
- Making copies of the document and storing them in separate locations
- Informing your agent and other relevant parties of the document's location
Nebraska Power of Attorney Storage Options
In Nebraska, you can store your POA document in a variety of locations, including:
- A safe deposit box at a bank
- A fireproof box at home
- A secure online storage service
- A lawyer's office or trust company
Step 5: Review and Update the Document
Finally, it's essential to review and update your POA document regularly. This includes:
- Reviewing the document every few years to ensure it still reflects your wishes
- Updating the document if your agent or scope of authority changes
- Informing your agent and other relevant parties of any changes
Nebraska Power of Attorney Review and Update
In Nebraska, you can review and update your POA document at any time. It's recommended that you review the document:
- Every 2-3 years
- When you experience a significant life change (e.g., marriage, divorce, or the birth of a child)
- When your agent or scope of authority changes
Final Thoughts
Creating a Nebraska power of attorney is an essential step in planning for the unexpected. By following these 5 easy steps, you can ensure your wishes are respected and your affairs are managed according to your desires. Remember to review and update your POA document regularly to ensure it remains effective.
Share Your Thoughts
Have you created a power of attorney document? What was your experience like? Share your thoughts and comments below.
FAQ Section
What is the difference between a general power of attorney and a limited power of attorney?
+A general power of attorney grants broad powers to manage financial and personal affairs, while a limited power of attorney grants specific powers for a particular purpose or transaction.