When a Spouse Has Dementia: Why a Nebraska Power of Attorney Is Still Essential
One of the most common (and painful) calls I get starts like this:
“My husband has dementia. We’ve been married 40 years. I called the life insurance company to make changes, and they refused to talk to me. I’m his wife—why won’t they let me handle this?”
It’s an emotional and frustrating moment, and it happens more often than you’d think. The truth is: being married does not automatically give you legal authority to act on your spouse’s behalf. And under Nebraska law, that distinction matters—especially when someone becomes incapacitated.
Why Spouses Need a Power of Attorney in Nebraska
Under the Nebraska Uniform Power of Attorney Act, you must be formally granted the authority to act on someone else’s behalf. This authority is not automatic—even for spouses. A marriage license, by itself, does not give you the power to manage financial accounts, sign legal documents, or make healthcare decisions for your partner.
Without a properly executed durable power of attorney, banks, insurance companies, and healthcare providers are not required to speak with you, share protected information, or accept your instructions.
What Is a Durable Power of Attorney in Nebraska?
A Nebraska durable power of attorney is a legal document that allows you to name someone (an agent) to handle financial or legal decisions on your behalf—even if you later become incapacitated.
Durability is key. A general power of attorney becomes void if the person becomes mentally incapacitated. A durable power of attorney remains in effect, providing the legal authority your spouse or loved one may need when it matters most.
Nebraska Financial Power of Attorney – for handling bank accounts, bills, taxes, property, investments, and more.
Nebraska Health Care Power of Attorney – for making medical decisions and accessing protected health information under HIPAA.
What Happens Without a Power of Attorney?
If your spouse becomes incapacitated without having a valid durable power of attorney in place, you may be forced to go through Nebraska’s guardianship or conservatorship process to obtain decision-making authority. This is a court-supervised procedure that can be:
Time-consuming
Emotionally difficult
Expensive
Public and legally restrictive
And if your spouse has already lost capacity, it’s too late to sign a power of attorney. Nebraska law requires that the person signing must fully understand what they’re doing at the time of execution. That’s why timing is everything.
What Can an Agent Do Under a Nebraska Power of Attorney?
Depending on how the power of attorney is written, the agent may be authorized to:
Pay bills and manage finances
Sign legal and tax documents
Access accounts or insurance policies
Manage property or business interests
Communicate with doctors and healthcare facilities
Make medical decisions and end-of-life care choices
The scope of this authority is powerful—and should be granted carefully. You also have the option to name successor agents in case your first choice can’t serve.
Should You Still Name Your Spouse as Agent?
If your spouse is starting to show signs of dementia or cognitive decline, it may no longer be wise to name them as your primary agent. Instead, consider:
Naming an adult child, trusted friend, or professional fiduciary
Talking with an estate planning attorney about capacity concerns
Updating your own power of attorney while your spouse can still participate in theirs
This isn’t just about legal paperwork—it’s about protecting your finances, your autonomy, and your peace of mind.
Bottom Line: You Need the Right Documents Before You Need Them
In Nebraska, being married is not enough. If your spouse is facing a medical crisis or cognitive decline and you don’t have a valid durable power of attorney in place, your options shrink quickly—and they become more expensive, stressful, and time-sensitive.
If you want to be able to help your spouse when they can’t help themselves, you must have a Nebraska power of attorney signed while they still have capacity. Call or text 402-259-0059 or Email zach@zandersonlaw.com
Whether you’re planning ahead or facing a situation in progress, I can help you understand your options and put the right documents in place—so you don’t end up in court, or stuck on the phone with a company that won’t talk to you.
Frequently Asked Questions
Does being married give me automatic authority to handle my spouse’s financial affairs?
No. Under Nebraska law, spouses do not have automatic legal authority to manage each other’s finances, accounts, or property. A durable power of attorney is required to grant that authority.
What’s the difference between a power of attorney and guardianship?
A power of attorney is a voluntary document that gives someone authority while the person still has capacity. Guardianship requires a court process, usually after capacity is lost, and often involves more oversight, time, and expense.
Can I get a power of attorney after my spouse becomes incapacitated?
Usually not. Nebraska law requires that the person signing the document must understand what they’re doing at the time. Once capacity is lost, a court-appointed guardianship or conservatorship may be your only option.
What’s the benefit of a durable power of attorney?
A durable power of attorney stays valid even if the person becomes incapacitated. It allows the agent to step in exactly when needed—without having to go to court.
Who should I name as my agent?
That depends on your situation. It might be your spouse, an adult child, a trusted friend, or a professional. The key is choosing someone reliable, honest, and capable—and naming successor agents just in case.