Free Nebraska Medical Power of Attorney Forms

Nebraska Medical Power of Attorney Laws

Nebraska Law features specific sections that detail the characteristics and legal ramifications of a Medical Power of Attorney (MPOA) within Nebraska.

• Power of attorney for healthcare decisions in Nebraska: A principal can create a Medical Power of Attorney (MPOA) by designating a competent adult as an attorney-in-fact for healthcare decisions. If the original attorney-in-fact is not available, able, or willing to serve, a successor attorney-in-fact can be designated. The authority of the successor attorney-in-fact ceases when the original designee becomes available to serve again (NE Code § 30-3403).

Signing Requirements in Nebraska

For your Medical Power of Attorney form to be legally valid in Nebraska, it's essential to comply with the state's specific signing criteria.

• Signing requirements: An MPOA in Nebraska requires the signature of at least 2 adult witnesses or its acknowledgment before a notary public, who cannot be the attorney-in-fact or successor​ (NE Code § 30-3404).

How To Write a Medical POA in Nebraska

To ensure your Nebraska Medical Power of Attorney effectively protects your interests, it's essential to thoroughly include all necessary details and terms.

Carefully crafting the MPOA ensures that, in the event of incapacity, your healthcare decisions are managed by someone reliable.

Here's a step-by-step guide for the Nebraska process:

Choosing your agent

The individual you appoint as your agent will have the authority over your medical decisions.

It's important to select someone you trust implicitly. This person must have a comprehensive understanding of and respect for your healthcare wishes.

Discussing with your agent

Before making a final decision, have an open and honest discussion with your potential agent. Talk about your healthcare preferences, values, and any particular requests you might have.

This discussion is crucial for ensuring your agent is fully informed and ready to assume their duties.

Downloading an MPOA template

Creating a Medical Power of Attorney (MPOA) from scratch is an option, but using a printable template can simplify and speed up the process.

Our customizable template allows you to tailor your document to reflect your healthcare wishes while complying with Nebraska's legal requirements.

This approach is not only time-efficient but also a more economical alternative to professional legal consultation.

Defining agent authority

Define the scope of authority and responsibilities you are granting to your agent. This can include a wide range of medical decisions, from broader choices to specific actions like:

• Granting permission for medical procedures
• Access to your medical records
• Making decisions about end-of-life care
• Opting for or against particular medical treatments

Providing clear and detailed instructions will ensure that your agent can make decisions that are in line with your wishes.

Addressing agent compensation

Although some agents, particularly those close to you, may waive compensation, addressing this issue is important. Expectations of compensation may exist for some agents.

Should you choose to compensate yours, the document should specify the amount or rate.

Alternatively, if you decide not to pay a fee, the document should expressly state that the agent will be reimbursed only for expenses incurred in performing their duties.

Witnessing the signing of the MPOA

According to Nebraska law, for your Medical Power of Attorney (MPOA) to be legally effective:

• The document must be signed by you, the declarant.
• It needs to be either witnessed by two individuals or acknowledged by a notary public.

Be mindful of restrictions when selecting witnesses or a notary public; they should not be your appointed agent, a relative, or anyone who might have a claim on your estate.

Once properly signed and either witnessed or notarized, your MPOA becomes active and enforceable.