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NEBRASKA LEGAL INFORMATION
Living Will (Advanced Medical Directive)-- Links and Statutes
Notice
The State of Nebraska does not specifically have a Living Will or Advance Medical Directive statute. However, Nebraska does have a health care power of attorney statute. Under this statute, a person may designate of a health care "attorney in fact" who may make decisions on behalf of the maker should he or she become incapable of participating in his or her own health care decisions. Furthermore, the statute allows the maker to state his or her wishes for treatment in case of incapacitation and require the health care "attorney in fact" to follow these directions. Thus, the below information relates to the naming of a health care "attorney in fact" under Nebraska law. Also, there is nothing in Nebraska law that prevents an individual from executing a Living Will form as used in other states and combining that declaration with a naming of a health care attorney in fact. The standard MedLawPlus.com® form combines both a Living Will declaration with the naming a health care attorney in fact.
Health Care Power of Attorney
Witnesses: Two witnesses OR a notary are necessary to the signature of the maker;
Who may be a witness? Nebraska law provides that "the following shall not qualify to witness a power of attorney for health care: The principal's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee at the time of the witnessing, attending physician, or attorney in fact; or an employee of a life or health insurance provider for the principal. No more than one witness may be an administrator or employee of a health care provider who is caring for or treating the principal."
Nebraska Code Section 30-3405.
Information from the Nebraska Bar on Living Wills
Notary: There is no express provision in the Nebraska statutes requiring that a living will or medical power of attorney be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;
Who may be a health care "attorney-in-fact"? "None of the following may serve as an attorney in fact:
- The attending physician;
- An employee of the attending physician who is unrelated to the principal by blood, marriage, or adoption;
- A person unrelated to the principal by blood, marriage, or adoption who is an owner, operator, or employee of a health care provider in or of which the principal is a patient or
resident; and
- A person unrelated to the principal by blood, marriage, or adoption if, at the time of the proposed designation, he or she is presently serving as an attorney in fact for ten or more principals.
Nebraska Code Section 30-3406.
Must health care attorney-in-fact sign form? No requirement that health care agent or attorney in fact sign form;
Nebraska Statutes containing health care power of attorney requirements: Nebraska Code Section 30-3404; See also Nebraska Code Section 20-3408 for the suggested statutory form of a health care power of attorney.
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DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.
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