Signing Over Authority
Neb. Rev. Stat. § 30-4004 and Neb. Rev. Stat. § 30-4005 — durable unless it says otherwise, and valid only if acknowledged before a notary
Durable unless it says otherwise. A power of attorney under the Nebraska act is durable, surviving the principal's incapacity, unless it expressly says incapacity ends it.
A notary is required. It is signed by the principal, or by another in the principal's conscious presence at the principal's direction, and it is not valid unless acknowledged before a notary public or another person authorized to take acknowledgments.
- The principal dies, or revokes it.
- It is not durable and the principal becomes incapacitated.
- It says it ends, or its purpose is accomplished.
- The agent's authority ends and no other agent is named.
Those are when it ends. An agent's authority also ends on a filing to dissolve or annul the agent's marriage to the principal, unless the document says otherwise. A particular document is a question for a licensed Nebraska attorney.
Sources for this section (3)
- Neb. Rev. Stat. § 30-4004 — Power of attorney is durable
- Neb. Rev. Stat. § 30-4005 — Execution of power of attorney
- Neb. Rev. Stat. § 30-4010 — Termination of power of attorney or agent's authority
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.