§ 30-4009 — When power of attorney effective

(1) A power of attorney
is effective when executed unless the principal provides in the power of attorney
that it becomes effective at a future date or upon the occurrence of a future
event or contingency.
(2) If a power of attorney
becomes effective upon the occurrence of a future event or contingency, the
principal, in the power of attorney, may authorize one or more persons to
determine in a writing or other record that the event or contingency has occurred.
(3) If a power of attorney
becomes effective upon the principal's incapacity and the principal has not
authorized a person to determine whether the principal is incapacitated, or
the person authorized is unable or unwilling to make the determination, the
power of attorney becomes effective upon a determination in a writing or other
record by:
(a)
A licensed physician or licensed psychologist that the principal is incapacitated;
or
(b)
The court or an appropriate governmental official that the principal is incapacitated.
(4) A person authorized
by the principal in the power of attorney to determine that the principal
is incapacitated may act as the principal's personal representative pursuant
to the Health Insurance Portability and Accountability Act, sections 1171
to 1179 of the Social Security Act, 42 U.S.C. 1320d, as amended, and applicable
regulations, to obtain access to the principal's health care information and
communicate with the principal's health care provider.

Legislative History

Source: Laws 2012, LB1113, § 9.