Nebraska Durable Power of Attorney

The Nebraska Statute Section 30-4002 (R.R.S. Neb. § 30-4002) defines durable power of attorney keeping in line with its definition in the Uniform Durable Power of Attorney Act.   It says that unless the context otherwise requires, durable power of attorney shall mean a power of attorney by which a principal designates another his or her attorney in fact in writing.  The writing in the power of attorney should state that the power of attorney shall not be affected by subsequent disability or incapacity of the principal, or that the power of attorney shall become effective upon the disability or incapacity of the principal, or it should have similar words in it, showing the intent of the principal that the authority conferred to the attorney shall be exercisable notwithstanding the principal’s subsequent disability or incapacity.

All acts done by the attorney pursuant to a durable power of attorney, during any period of disability or incapacity of the principal shall have the same effect and inure to the benefit of and shall bind the principal and his or her successors in interest as if the principal were competent and not disabled.

The powers vested on the attorney through the durable power of attorney shall not terminate till the actual knowledge of the principal’s death.  All acts performed in good faith and without the knowledge of death of principal or termination or revocation of the power of attorney shall bind the principal as well as his successors in interest.


Inside Nebraska Durable Power of Attorney