Power of Attorney (POA) and Advance Directives
Financial POA
Also called a Durable POA
What does it do? Empowers an agent to make financial decisions for a principal (the patient).
When is it activated? When drafted OR When a medical provider determines that the patient lacks the capacity to make their own decisions.
Who needs it? Generally, everyone should have a Financial POA that is activated in case of a medical emergency.
Why is it needed? So that an agent can make financial decisions and commitments for a principal or patient.
Health Care POA or Medical POA
What does it do? Empowers an agent to make medical decisions for a principal (the patient).
When is it activated? When a medical provider lacks the capacity to make their own medical decisions.
Who needs it? Generally, everyone should have a medical POA in case of medical emergencies.
Why is it needed? So that an agent can make healthcare decisions for a principal when the principal is not able to make decisions for themselves.
Mental Health Advance Directive
Also called a Psychiatric Advance Directive
What does it do? Provides written instructions and incorporates a Healthcare POA.
When is it activated? It is activated when a physician determines a person is having a mental episode that renders them incapable of making their own healthcare decisions OR When something happens that the principal said should activate it.
Who needs it? People who have severe episodic mental illnesses, and who are at times competent to make their own mental healthcare decisions.
Why is it needed? So the agent can consent on behalf of the patient to inpatient treatment, medication, not having car keys, and other interventions beyond the reach of a medical POA.
For more detailed information, download our Mental Health Handbook.
Guardianship
A guardianship only becomes necessary when someone is unable to make decisions for themselves or they are a minor child without a parent to provide for them. An example would be a parent(s) getting a guardianship over their severely intellectually disabled child that has turned 19 years old so the parent(s) can continue to make medical and financial decisions on their behalf.
In contrast to a POA, the process of appointing a guardian in Nebraska requires a court case to be filed. Filing for a guardianship can be a complicated process and it is recommended to consult an attorney before doing so.
For more detailed information, download our Guardianship Handbook.
