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' Durable Power of Attorney:A Power of Attorney which specifically says otherwise, agent's power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal.
Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.
Cancellation/Revocation of Power: In case the Executor/Principal finds that the Attorney has acted beyond the powers granted to him, or the purpose of the POA is over or the Attorney has died, turned insolvent or insane, the Executor/Principal may revoke the POA at his own will.
Notarization RequirementYou must sign your POA in the presence of a notary public for the POA to be valid under Nebraska law.
Selecting More Than One AgentIf you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.
Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.
Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law. For revocation of irrevocable Power of Attorney, the principal is required to issue a public notice through local newspapers, without which, the revocation shall stand void.
The General Power of Attorney can be revoked in the same manner which is, Get a notarized document drafted for revocation of the Power of Attorney expressing clearly that you want to revoke the authority of the said person.
Nebraska Will Laws at a Glance Also, at least two witnesses must sign the will after having either witnessed the signing or the testator's acknowledgment of signing the will. While oral wills are not recognized in Nebraska, holographic (hand-written) wills are valid in most cases.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.