Nebraska - Living Will Information

Please see this link for public service information regarding Nebraska's medical power of attorney and lack of formal living will form: http://www.nebar.com/pdfs/public_info/brochures/livingwill.pdf

As you will note, Nebraska does not have a law pertaining to the creation of advance directives or living wills. However, there is nothing in Nebraska law that prevents you from executing your own living will, such as the embellished living will found elsewhere on this site.

Based on this law, you are able to state your wishes regarding what, if any (or no) medical treatment you would want in case of incapacitation or inability to communicate your wishes, and Nebraska also allows you to state that you require your attorney in fact to follow your directions as stated in the document. 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. Go to the link below for the health care power of attorney statute. http://statutes.unicam.state.ne.us/Corpus/statutes/chap30/R3034006.html