Omaha Power of Attorney
You will make decisions every day that impact your life. Unfortunately, we can never predict if a day will occur in which we are no longer able to make those decisions because we are incapacitated in some way. It is a tough reality to face, but even tougher is deciding who will make those decisions in the event you are unable to do so. Whether through incapacitation or death, the decisions in our lives still need to be made, but now by someone else. Finding the right person that is aligned with your own morals and goals is difficult but necessary.
While many in Omaha, NE look to loved ones as their power of attorney, deciding who will hold that responsibility is one of the biggest choices you will make. The impact of this choice may not only impact you but those around you. At Stange Law Firm, we know how important identifying the right person to speak on your behalf is. Our estate planning attorneys understand how essential your everyday decisions are and how important choosing the right person to continue those decisions can be.
The Authority of a Power of Attorney
When you grant a person a power of attorney, you are granting them the right to make decisions on your behalf should you become incapacitated or should you die. It is a legal document that is constructed with the help of your attorney that establishes that person’s decision-making authority over certain areas of your life that are based on the specifics of the document.
A power of attorney is not a generalized document that means the person you identify has the ability to decide on every aspect of your life. A power of attorney will identify the specific areas of your life to which the person has authority. These include medical, financial, or property decisions that need to be made for you should you face injury, illness, or disease or are otherwise incapable of making your own decisions.
While incapacitation is the most common reason for a power of attorney, you may also assign this privilege to someone if you will be away for a specific amount of time and may not be reachable. In both situations, you are granting the power to another trusted individual to make necessary decisions for you.
The crafting of the document is important because it must identify the specific types of decisions that the person is entrusted with. Powers of attorney are not “at-will” documents that allow any decision to be made. Ensuring the document is thorough and complete is important to establish the right kind of power of attorney in order to avoid conflicts later.
Which Kind of Power of Attorney Should I Have?
There are two main powers of attorney that you will want to consider. These types include:
- Healthcare Power of Attorney. This type of power of attorney is to establish whom you trust to make healthcare decisions on your behalf. This could include vital decisions such as the revival of life or surgical procedures. When considering whom to entrust with this, you will want to consider more than your relationship with the person. You may wish to think about their religious beliefs, their individual morality, and other influences on their own decisions.
- Durable Power of Attorney. This type of power of attorney grants decision-making privileges for property, finances, and other legal affairs. When establishing a durable power of attorney, the document will explicitly identify the types of decisions that can or cannot be made on your behalf. This could include decisions such as establishing a trust, making gifts, or even changing benefits. The scope of their decision-making is limited by the parameters of what you set. If you are looking to establish a power of attorney that will cover a variety of situations, you should establish a general durable power of attorney.
While these two are the most common, you can establish a number of different types of power of attorney.
The specifics of your power of attorney are important to ensure your wishes are carried out the way you want them to be. That is why working with an attorney to ensure it is done correctly is important.
Does Medical Power of Attorney Have to Be Notarized in Nebraska?
Whomever you choose for your medical power of attorney should be familiar with your wishes. Because of the life-changing decisions they may need to make, you will want to ensure that you trust any outcomes they could choose and that they align with your own wishes and instructions. When establishing your power of attorney for medical purposes, you will need to have the document notarized according to the Nebraska Uniform Power of Attorney Act. It is not considered legally binding until this is done.
How Long Does it Take to Get Power of Attorney in Nebraska?
Within the Nebraska Uniform Power of Attorney Act, it is documented that a power of attorney takes effect immediately unless it is otherwise specified within the document. Understanding this clause is vital when creating your document with your attorney to ensure you not only grant the decision-making privileges to the right person but that it takes effect under your terms.
Revoking Power of Attorney
Once a power of attorney is established, you may discover that it needs to be updated as time passes. This could include changing the specifics of the document or simply updating to whom you are granting decision-making privileges. This can be for a number of reasons, including the death of the agent, a falling out in the relationship, the loss of trust, and more. To revoke privileges you have previously established, you will work with your attorney, who will draft the necessary documents and help you reestablish your power of attorney should you still need one.
Nebraska Estate Planning Lawyer
Establishing a solid power of attorney is a necessary step in estate planning that can help to put your mind at ease. Every day you make decisions that will impact you and your family, and having the right power of attorney can ensure that those decisions continue in the way that you want. At Stange Law Firm, our estate planning attorneys know how important this decision is not only to you but also to your family. Because of this, we work with you to establish a thorough and comprehensive power of attorney. If you are considering establishing a power of attorney, contact our offices and speak with our team. We want to help keep you protected even if you are unable to protect yourself.
Douglas County (Omaha), Nebraska Office (402-509-1801): 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114