Power of Attorney

Powers of Attorney in Nebraska

Giving another person the authority to make financial or health care decisions for you should be considered very carefully. However, there are sound reasons why individuals need to consider appointing a person to act on their behalf if they are unable to do so for any reason.

The attorneys of Berkshire & Burmeister help individuals determine whether they need a power of attorney and the best form and powers to grant to their agent to ensure their goals and needs are addressed correctly. Before you sign a power of attorney, it is in your best interest to discuss the benefits and potential risks of using a power of attorney with an experienced Nebraska probate lawyer.

Types of Powers of Attorney That Benefit Estate Planning

Powers of attorney are used in everyday life, real estate transactions, and as part of estate planning. Planning for incapacitation is an important element of estate planning. Ensuring that someone you trust has the legal authority to act on your behalf is a vital factor in incapacitation planning.

Powers of attorney you might consider include:

• General Power of Attorney — A general POA gives your agent the power to act on your behalf regarding financial transactions. Unless you specifically limit a certain action, your agent can buy, sell, transfer, invest, or pledge any asset in your name.
• Limited Power of Attorney — Limited POAs are often used in real estate transactions when a person cannot be present for the real estate closing. The power of attorney is limited to actions necessary to close the real estate transaction according to the terms of the original real estate contract.
• Durable General Power of Attorney — Adding a “durability” clause to a general power of attorney gives your agent the power to continue to act on your behalf if you become incapacitated or cannot make decisions for yourself for any reason. Durable POAs are used often in estate planning to avoid the necessity of a court-appointed conservator should an illness or accident make it impossible for you to make financial decisions or manage your property.
• Health Care Power of Attorney — This type of power of attorney appoints an agent to make healthcare decisions for you if you are unable to do so for yourself. Health Care POAs are also used in estate planning to avoid the need for court intervention if you become incapacitated.

This is only a sample of powers of attorney you may want to consider. Our Nebraska probate lawyers can discuss these and other powers of attorney that might benefit you, depending on your goals and needs.

Choosing an Attorney to Assist You with Issues Related to Powers of Attorney

When you are giving another person the power to make financial, personal, or health care decisions for you, you want to ensure that you have a thorough understanding of your legal rights, as well as the fiduciary duties and legal responsibilities assumed by your power of attorney. You also want to ensure that the legal document is drafted with the utmost care and concern to ensure it is valid, legal, and only bestows the powers you intend to give to your agent.

The attorneys of Berkshire & Burmeister have extensive experience drafting powers of attorney. We also represent agents and others in disputes and litigation related to the terms of a power of attorney and the actions taken by an agent. If you have questions or need assistance, please do not hesitate to contact our office. Our goal is to ensure that your best interests are protected at all times.

Contact Our Office for More Information about Powers of Attorney

Berkshire & Burmeister attorneys represent clients throughout Nebraska. Call 402-827-7000 to schedule a consultation with one of the members of our legal team to discuss your power of attorney needs.