Nebraska Durable Power of Attorney Form

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The Nebraska Durable Power of Attorney Form is used to let the Attorney-in-Fact continue to act on behalf of the Principal even after the Principal has been declared incapacitated. In general, this kind of agreement is Springing, IE will only take effect after the Principal has already been declared incapacitated, but it can occasionally go into effect immediately upon being signed.

Note that under Nebraska state law, unlike many states, if the Principal and the Attorney-in-Fact are spouses and they get a divorce, this agreement will not be automatically terminated. It is generally recommended therefore that, if your Attorney-in-Fact is your spouse and you get a divorce, that you voluntarily revoke the agreement and, if necessary, draft a new agreement naming a new Attorney-in-Fact.