A Nebraska springing power of attorney is a document used by an individual (the principal) to legally authorize another person (an agent) to make important business, financial, or healthcare decisions on their behalf in the event that the principal becomes incapacitated.
Permitted in Nebraska?
Signing Requirements
A power of attorney must be signed by the principal or by another individual at the express direction of the principal before a notary public or other individual authorized by law to take acknowledgments.[2]
“Incapacity” Definition
“Incapacity” means inability of an individual to manage property or property affairs effectively because the individual:
(a) Has an impairment in the ability to receive and evaluate information or make or communicate responsible decisions even with the use of technological assistance for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or lack of discretion in managing benefits received from public funds; or
(b) Is:
(i) Missing;
(ii) Detained, including incarcerated in a penal system; or
(iii) Outside the United States and unable to return.[3]