With a Nebraska Financial Power of Attorney (See § 30-4041), you name an Attorney-In-Fact to control your finances for however long that you can’t. If for whatever reason you choose to turn over the reins immediately, you must opt for a “Durable” Financial Power of Attorney, or the agreement becomes void in event that your physician does certify that you have actually become incapacitated, just when it is most needed. The other course is to create a “Springing” Durable Financial Power of Attorney, which only goes into force in the event of your incapacitation.
The person you choose as your Attorney-In-Fact should be available locally to better manage your day-to-day affairs. Besides enjoying your complete trust, this individual should have the maturity and business savvy to comprehend the whole scope of your business affairs. The usual choices for this task include your close friends, relatives and your spouse, and it’s important to name an alternate in case your first choice turns out to be unavailable. If you choose your spouse, note that in Nebraska, the agreement doesn’t end upon divorce. You can revoke it at any time that you are mentally competent, and the court will do so if it uncovers any fraud or coercion involved when you signed it.