Is a power of attorney valid if not notarized?

In many states, notarization is required by law to make the durable power of attorney valid. But even where law doesn't require it, custom usually does. A durable power of attorney that isn't notarized may not be accepted by people with whom your attorney-in-fact tries to deal.

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Nebraska Power of Attorney for Health Care - Statutory Form

Nebraska Power of Attorney for Health Care - Statutory Form

Name: Nebraska Power of Attorney for Health Care - Statutory Form
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (310 reviews)

Category:

Power of Attorney - Healthcare - Living Wills

State:

Nebraska

Control #:

NE-P014

Format:

Instant download

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Description Medical Power Of Attorney Nebraska

This Statutory Power of Attorney for Health Care gives the person you designate as your agent/attorney in fact the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this Power of Attorney. This document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive. You have the right to make health care decisions for yourself as long as you can give informed consent. No treatment may be given over your objection and health care necessary to keep you alive may not be stopped or withheld if you object.

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How to fill out Health Power Person?

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Health Witness Signature Other Form Names

Ne Statutory Care Person Witness Under Health Power Signature Power Witness Under Ne Statutory Health Statutory Power Attorney Power Health Care

Statutory Power Care FAQ

Nebraska Power of Attorney Forms are used to appoint a trustworthy individual to make health care and/or financial decisions on your behalf.Under the Nebraska Uniform Power of Attorney Act (Statute 30-3408), there must be at least two (2) witnesses or a notary public present when authorizing these documents.

1. Durable Power of Attorney. A durable power of attorney, or DPOA, is effective immediately after you sign it (unless stated otherwise), and allows your agent to continue acting on your behalf if you become incapacitated.

In many states, notarization is required by law to make the durable power of attorney valid. But even where law doesn't require it, custom usually does. A durable power of attorney that isn't notarized may not be accepted by people with whom your attorney-in-fact tries to deal.

Writing your own durable power of attorney is an inexpensive way to deal with end-of-life decision-making because it allows you to appoint a person to make decisions for you after you are incapacitated or legally incompetent.

A unique feature of the new form is that it complies with state legal requirements for a valid power of attorney for health care in almost every state. Only five states have laws so inflexible and cumbersome that the bare bones power will not work: Indiana, New Hampshire, Ohio, Texas, and Wisconsin.

Under HIPAA, only persons named as personal representatives may access PHI to make medical decisions for a patient. Power of attorney documents must match this language to give agents access to PHI.

General Power of Attorney. Durable Power of Attorney. Special or Limited Power of Attorney. Springing Durable Power of Attorney.

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Power of Attorney for Health Care - Statutory Form

Power of Attorney and Health Care - General - Nebraska

Contents

A power of attorney for health care must:

be in writing;

identify the principal, the attorney in fact, and the successor attorney in fact (if any);

specifically authorize the attorney in fact to make health care decisions on behalf of the principal in the event the principal is incapable;

show the date of its execution; and

be witnessed and signed by at least two adults. Each witness must either witness the signing and dating by the principal or the principal's acknowledgment of the signature and date. In the alternative, the power of attorney may be signed and acknowledged by the principal before a notary public who may not be the attorney in fact or the successor attorney in fact.

Witnesses

The following cannot be witnesses: the principal's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee at the time of the witnessing, attending physician, or attorney in fact, or an employee of a life or health insurance provider for the principal. No more than one witness may be an administrator or employee of a health care provider who is caring for or treating the principal.

Each witness must make the written declaration in substantially the form prescribed in § 30-3408.

Attorney in Fact

None of the following may serve as an attorney in fact:

The attending physician;
An employee of the attending physician who is unrelated to the principal by blood, marriage, or adoption;
A person unrelated to the principal by blood, marriage, or adoption who is an owner, operator, or employee of a health care provider in or of which the principal is a patient or resident; or
A person unrelated to the principal by blood, marriage, or adoption if, at the time of the proposed designation, he or she is presently serving as an attorney in fact for ten or more principals.

Withdrawal of Attorney in Fact

When a principal is not incapable, the attorney in fact may withdraw by giving notice to the principal. When a principal is incapable, the attorney in fact may withdraw by giving notice to the health care provider. The withdrawal of an attorney in fact must be made a part of the principal's medical records.

Form

A power of attorney for health care executed on or after September 9, 1993, shall be in a form which complies with sections 30-3401 to 30-3432 and may be in the form provided by statute.

A power of attorney for health care may be included in a durable power of attorney drafted under the Uniform Durable Power of Attorney Act or in any other form if the power of attorney for health care included in such durable power of attorney or any other form fully complies with the terms of § 30-3404.

Duration

A power of attorney for health care continues in effect until the principal's death, until revoked, or until the attorney in fact and any successor attorney in fact withdraws.

Revocation

A power of attorney for health care may be revoked at any time by a principal who is competent and in any manner by which the principal is able to communicate his or her intent to revoke. Revocation is effective upon communication to the attending physician, the health care provider who shall promptly inform the attending physician of the revocation, or the attorney in fact who shall promptly inform the attending physician of the revocation.

The creation by the principal of written wishes or instructions about health care or limitations upon the attorney in fact's authority shall not revoke a power of attorney for health care unless such wishes, instructions, or limitations expressly provide otherwise.

Unless the power of attorney for health care provides otherwise, execution of a valid power of attorney for health care shall revoke any previously executed power of attorney for health care.

Unless the power of attorney for health care provides otherwise, a power of attorney for health care supersedes:

Any conflicting pre-existing directive;
Any guardianship proceedings under the Nebraska Probate Code to the extent the proceedings involve the right to make health care decisions for the protected person; and
Any conservatorship proceedings under the Nebraska Probate Code to the extent the proceedings involve the right to make health care decisions for the protected person.

A decree of divorce or legal separation entered into pursuant to §§ 42-347 to 42-380 may specify whether the choice of the principal's spouse as attorney in fact under a power of attorney for health care shall be revoked or remain effective. If the decree does not specify whether the choice of the spouse as the principal's attorney in fact for health care is revoked or remains effective, the choice of the principal's spouse as attorney in fact for health care shall be deemed revoked upon entry of the decree.

The revocation of a power of attorney for health care shall not revoke or terminate the authority as to the attorney in fact or other person who acts in good faith under the power of attorney for health care and without actual knowledge of the revocation. An action taken without knowledge of the revocation, unless the action is otherwise invalid or unenforceable, shall bind the principal and his or her heirs, devisees, and personal representatives.

Power of Attorney for Health Care - Statutory Form

Power of Attorney and Health Care - General - Nebraska

Contents

A power of attorney for health care must:

be in writing;

identify the principal, the attorney in fact, and the successor attorney in fact (if any);

specifically authorize the attorney in fact to make health care decisions on behalf of the principal in the event the principal is incapable;

show the date of its execution; and

Witnesses

Each witness must make the written declaration in substantially the form prescribed in § 30-3408.

Attorney in Fact

None of the following may serve as an attorney in fact:

Withdrawal of Attorney in Fact

Form

A power of attorney for health care executed on or after September 9, 1993, shall be in a form which complies with sections 30-3401 to 30-3432 and may be in the form provided by statute.

Duration

A power of attorney for health care continues in effect until the principal's death, until revoked, or until the attorney in fact and any successor attorney in fact withdraws.

Revocation

Unless the power of attorney for health care provides otherwise, execution of a valid power of attorney for health care shall revoke any previously executed power of attorney for health care.

Unless the power of attorney for health care provides otherwise, a power of attorney for health care supersedes:

Nebraska Power of Attorney for Health Care - Statutory Form

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