Durable Power of Attorney for [[Financial / Property / General]] Matters
I, [[Principal Full Legal Name]], of [[Principal Address, City, County, Nebraska ZIP Code]], appoint [[Agent Full Legal Name]] of [[Agent Address, City, State ZIP Code]] as my attorney-in-fact (the "Agent") to act for me and in my name, place, and stead.
This Power of Attorney shall become effective immediately and shall not be affected by my subsequent disability or incapacity. This is a durable power of attorney under the Nebraska Uniform Power of Attorney Act (Neb. Rev. Stat. §§ 30-4001 et seq.).
1. Grant of Authority
My Agent is authorized to do any and all acts that I could do if personally present, including but not limited to the powers listed below. My Agent shall have full power and authority to perform every act necessary or appropriate in the exercise of the powers granted herein as fully as I could do if personally present.
- Real Property. To buy, sell, exchange, lease, mortgage, manage, maintain, improve, and deal with any real property in which I have or may acquire an interest, including execution of deeds, leases, mortgages, and other instruments.
- Personal Property. To buy, sell, exchange, lease, pledge, or otherwise deal with any personal property, tangible or intangible.
- Banking and Financial Accounts. To open, close, and maintain bank, brokerage, and investment accounts; to make deposits and withdrawals; to write checks, drafts, and electronic transfers; to apply for credit cards and lines of credit; and to conduct all banking business in my name.
- Investments and Securities. To buy, sell, exchange, and manage stocks, bonds, mutual funds, and other securities; to exercise voting rights; to receive dividends and distributions; and to execute any documents required by brokers or custodians.
- Contracts and Agreements. To enter into, perform, modify, and terminate contracts and agreements on my behalf.
- Tax Matters. To prepare, sign, and file federal, state, and local tax returns; to represent me before the IRS, Nebraska Department of Revenue, and other tax authorities; to receive refunds; and to pay taxes.
- Insurance. To purchase, maintain, modify, and make claims under insurance policies of all kinds; to designate and change beneficiaries to the extent permitted by law and policy terms.
- Legal Proceedings. To commence, defend, settle, and compromise any legal or administrative proceedings; to retain attorneys and other professionals; and to execute releases and settlements.
- Estate Planning Documents. To create, modify, or revoke trusts (other than this power itself), to make gifts within limits permitted by law, and to execute documents necessary for estate planning, subject to any restrictions below.
- Government Benefits. To apply for, receive, and manage any government benefits, pensions, Social Security, Medicare, Medicaid, or veterans' benefits to which I may be entitled.
- Claims and Litigation. To assert and defend claims in my name; to settle disputes; to submit to arbitration or mediation; to confess judgment; and to release or satisfy judgments.
- Safe Deposit Boxes and Personal Effects. To access, open, inventory, and remove contents from any safe deposit box or storage facility; to take possession of and manage my tangible personal property.
- Digital Assets. To access, manage, delete, transfer, or dispose of any digital assets, online accounts, email, social media, cloud storage, cryptocurrency, or domain names to the extent permitted by law and the terms of service of the relevant providers, consistent with the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Nebraska.
- Retirement Accounts and Benefits. To deal with IRAs, 401(k)s, pensions, and other retirement accounts, including rollovers, beneficiary changes (subject to limitations), and required minimum distributions.
- Business Interests. To manage, vote, sell, or liquidate any business interest, partnership interest, LLC membership interest, or shares I own.
2. Limitations on Agent's Authority
Notwithstanding the broad grant above, my Agent shall not have authority to:
- Make, amend, or revoke my will.
- Exercise powers I have as trustee or fiduciary for another person, unless expressly authorized.
- Make gifts in excess of [[Gift Limit, e.g. the annual gift tax exclusion amount]] per donee per year without additional written authority.
- Create or change beneficiary designations on accounts or policies in a manner that disinherits my spouse or descendants without their consent or court approval, to the extent required by Nebraska law.
- Delegate authority granted herein to a third party except as expressly permitted.
3. Agent's Duties
My Agent shall:
- Act in good faith and in my best interests.
- Keep accurate records of all transactions undertaken pursuant to this Power of Attorney.
- Provide an accounting to me or to any person I designate, or to a court if required, upon reasonable request.
- Not commingle my assets with the Agent's own assets.
- Avoid conflicts of interest and not use my property for the Agent's personal benefit except as expressly authorized or with my informed consent.
- Act loyally for my benefit and avoid self-dealing except as expressly authorized herein or by court order.
- Exercise reasonable care, competence, and diligence in the performance of duties under this Power of Attorney.
- Cooperate with any guardian, conservator, or other fiduciary appointed for me to the extent consistent with this instrument.
4. Compensation and Reimbursement
My Agent may receive reasonable compensation for services rendered if I have agreed in writing or if approved by a court. My Agent shall be entitled to reimbursement for all reasonable expenses incurred in the exercise of powers under this Power of Attorney.
5. Reliance and Third-Party Protection
Any third party who receives a duly executed copy of this Power of Attorney may rely upon it without further inquiry as to the authority of my Agent, and shall be protected in acting in accordance with the instructions of my Agent. Revocation or termination of this Power of Attorney shall not be effective as to a third party who has not received actual notice of such revocation or termination.
6. Revocation and Termination
This Power of Attorney may be revoked by me at any time by written instrument delivered to my Agent and to any third parties relying on it. This Power of Attorney shall terminate upon my death, or upon a court determination of my incapacity if I have not provided for durability, or upon the occurrence of any event specified in the Nebraska Uniform Power of Attorney Act that terminates a power of attorney.
- Upon termination, my Agent shall provide a final accounting and return all records and property.
7. Successor Agent
If [[Agent Full Legal Name]] is unable or unwilling to serve or continue serving, I appoint [[Successor Agent Full Legal Name]] as successor Agent with the same powers. If no successor is named or able to serve, a court of competent jurisdiction may appoint a successor.
8. Co-Agents
I [[do / do not]] appoint co-agents. If co-agents are appointed, they may act jointly or severally as indicated: [[Jointly / Severally / As designated]].
9. Governing Law
This Power of Attorney shall be governed by the laws of the State of Nebraska, including the Nebraska Uniform Power of Attorney Act (Neb. Rev. Stat. §§ 30-4001 to 30-4045). The authority granted herein is intended to be as broad as permitted under Nebraska law.
10. Execution and Acknowledgment
IN WITNESS WHEREOF, I have signed this Power of Attorney on [[Execution Date]].
_______________________________________________
[[Principal Full Legal Name]], Principal
State of Nebraska
County of [[County]]
On this ___ day of ____________, 20_, before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
Notary Public Signature: _______________________________
Printed Name: ________________
My Commission Expires: ________________
(Seal)
11. Agent's Acceptance (Recommended)
I, [[Agent Full Legal Name]], accept appointment as Agent under this Power of Attorney and agree to act in accordance with its terms and the duties imposed by the Nebraska Uniform Power of Attorney Act.
_______________________________________________
[[Agent Full Legal Name]], Agent
Date: ________________
12. Notice to Agent
By accepting this appointment, the Agent acknowledges that the Agent has a duty to act in good faith, to act within the scope of authority granted, to avoid conflicts of interest, to keep records, and to act in the principal's best interest. The Agent may be liable for breach of these duties under Nebraska law.
- The Agent should consult with legal counsel if uncertain about the scope of authority or duties.
- The Agent is encouraged to maintain separate records for each principal if serving multiple principals.
- If the Agent resigns, the Agent shall give reasonable notice to me (if possible) and to any successor or court-appointed fiduciary.
13. Exhibits and Attachments
Exhibit A: List of Specific Assets or Accounts (if desired to limit or specify)
Exhibit B: Any Additional Instructions or Restrictions on Gifting or Transactions
14. Certification of Agent (Optional Form for Use with Third Parties)
I, [[Agent Full Legal Name]], certify under penalty of perjury that:
- [[Principal Full Legal Name]] granted me authority under the attached Power of Attorney.
- The Power of Attorney is currently in effect and has not been revoked.
- I am the person identified as Agent in the Power of Attorney.
- To my knowledge, the principal is not deceased and the power has not been terminated or suspended.
- I understand that false certification may subject me to civil and criminal penalties under Nebraska law.
Signature of Agent: ______________________________ Date: _______________
15. Effective Date and Springing Provisions (If Any)
This Power of Attorney is effective immediately upon execution unless a springing provision is checked below:
[ ] This Power of Attorney shall become effective only upon a written determination by [[Physician Name or "a licensed physician"]] that I am incapacitated or unable to manage my property and affairs. The determination shall be in writing and may be relied upon by third parties without further inquiry.
This is a sample Nebraska Durable Power of Attorney template for illustrative and educational purposes only. It is not legal advice. Powers of attorney are governed by the Nebraska Uniform Power of Attorney Act (Neb. Rev. Stat. §§ 30-4001 et seq.). Execution requirements, durability, agent duties, gifting authority, springing vs. immediate effectiveness, and third-party acceptance rules are state-specific and fact-dependent. The principal should consult a licensed Nebraska attorney to customize this document, ensure proper execution (including notary), and consider whether additional safeguards, co-agents, or a healthcare power of attorney are needed. References current as of June 2026.
