Power of attorney in Nebraska: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Nebraska, from Nebraska law.

Checked against official sources: October 31, 2026.

Short answer

Nebraska Uniform Power of Attorney Act

Official form: Nebraska Statutory Form Power of Attorney, court form DC 6:12
How to sign: Notarized
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in Nebraska

In Nebraska you name an agent for money and property in a power of attorney, which must be notarized. You name an attorney in fact for medical decisions in a separate power of attorney for health care, and you can sign a separate living will declaration. If an adult cannot manage, the county court can appoint a guardian for personal decisions and a conservator for money; a guardianship must be limited unless a full one is shown to be necessary.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; Nebraska Statutory Form Power of Attorney
The person you choose: Agent (financial); 'attorney in fact' for health care
Health care: Power of attorney for health care
Treatment wishes: Declaration (living will) under the Rights of the Terminally Ill Act; advance mental health care directive
Court-appointed decision-maker: Guardian (personal decisions, full or limited) and conservator (financial decisions)

Law and official form

Law: Nebraska Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective January 1, 2013)
Official form: Nebraska Statutory Form Power of Attorney (Neb. Rev. Stat. 30-4041), court form DC 6:12Published by Nebraska Supreme Court
You do not have to use it.
Form DC 6:12, Rev. 11/2023, with instructions DC 6:12a. Power of attorney forms are not filed with a court. Like any Nebraska power of attorney, it must be acknowledged before a notary.

Law: Neb. Rev. Stat. §§ 30-4001, 30-4004; Laws 2012, LB1113; Neb. Rev. Stat. § 30-4041

Signing rules

How to sign: Sign the power of attorney and acknowledge your signature before a notary public (or another official authorized to take acknowledgments). In Nebraska a power of attorney under the Act is not valid unless it is acknowledged.
Who signs: Signed by you, marked by you under Neb. Rev. Stat. 64-105.02, or signed in your conscious presence by another person you direct to sign your name.
Notary: Required
Witnesses: None required

Law: Neb. Rev. Stat. § 30-4005

Durable and springing

Is it durable?

A power of attorney created after January 1, 2013 is durable unless it expressly says it ends if you become incapacitated.

Law: Neb. Rev. Stat. 30-4004

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It can start on a future date or event. You can name who decides the event happened. If it starts on your incapacity and no one you named can decide, a licensed physician or licensed psychologist, or a court or appropriate government official, can determine incapacity in writing.

Law: Neb. Rev. Stat. 30-4009

What an agent can and cannot do

Needs express permission

Create, amend, revoke or end a living trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority under the power of attorney
Waive your right to be a beneficiary of a joint and survivor annuity or retirement survivor benefit
Exercise fiduciary powers you can delegate
Renounce or disclaim property, including a power of appointment

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant cannot use these special powers to give themselves (or someone they must support) an interest in your property. A financial power of attorney does not give health care powers.

Law: Neb. Rev. Stat. 30-4024(2)

Law: Neb. Rev. Stat. § 30-4024(1)

Agent duties, pay and court review

Agent duties

Act in good faith, within the authority granted, and according to your reasonable expectations or best interest
Act loyally for your benefit and avoid conflicts of interest
Act with care, competence and diligence
Keep a record of all receipts, payments and transactions
Cooperate with your health care decision-maker
Try to preserve your estate plan when that is in your best interest

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to repayment of reasonable expenses and reasonable compensation.

Law: Neb. Rev. Stat. 30-4012

Asking a court to review an agent

You, the agent, a guardian or conservator, your health care decision-maker, your spouse, parent or descendant, a presumptive heir or devisee, a beneficiary, a government protective agency, your caregiver, or a person asked to accept the power of attorney can ask a court to construe it or review the agent's conduct. The county court and district court share jurisdiction over validity.

Law: Neb. Rev. Stat. 30-4006(1), 30-4016

Law: Neb. Rev. Stat. § 30-4014

When it ends and how to revoke it

How to revoke a power of attorney in Nebraska

Official forms in Nebraska

Forms published by the state or its courts. You open them on the official site.

Good to know in Nebraska

A Nebraska financial power of attorney is not valid unless acknowledged before a notary.
Law: Neb. Rev. Stat. 30-4005
Nebraska's guardianship law favors limited guardianship; a full guardianship needs clear and convincing evidence that it is necessary.
Law: Neb. Rev. Stat. 30-2620
The Nebraska Judicial Branch does not publish forms or instructions to start a guardianship or conservatorship; guardians and conservators must complete required education.
Source: Judicial Branch guardianship page
Since 2020, romantic or dating partners and mental health treatment team members cannot witness a power of attorney for health care.
Law: Neb. Rev. Stat. 30-3405, LB247

Changes in 2024–2026

Laws 2024, LB1195, § 6 amended the health care power of attorney definitions section. The Nebraska Statutory Form Power of Attorney court form DC 6:12 was revised 11/2023. No 2024-2026 amendments found on the other financial POA or health care sections read (most date from Laws 2012, LB1113 or Laws 2020, LB247).

Law: Neb. Rev. Stat. 30-3402

Free help in Nebraska

Report abuse or exploitation

Nebraska DHHS Adult Protective Services (Adult Abuse and Neglect Hotline) · (800) 652-1999

Questions about powers of attorney in Nebraska

What is a power of attorney called in Nebraska?

Power of attorney; Nebraska Statutory Form Power of Attorney. In Nebraska you name an agent for money and property in a power of attorney, which must be notarized. You name an attorney in fact for medical decisions in a separate power of attorney for health care, and you can sign a separate living will declaration. If an adult cannot manage, the county court can appoint a guardian for personal decisions and a conservator for money; a guardianship must be limited unless a full one is shown to be necessary.

Does a power of attorney have to be notarized in Nebraska?

Sign the power of attorney and acknowledge your signature before a notary public (or another official authorized to take acknowledgments). In Nebraska a power of attorney under the Act is not valid unless it is acknowledged.

Is there an official power of attorney form in Nebraska?

Nebraska Statutory Form Power of Attorney, court form DC 6:12. You do not have to use it.