Living Wills and Advance Directives in Nebraska
How to make a valid living will (advance directive) and medical power of attorney in Nebraska, with the official form.
Short answer: Under Nebraska's Rights of the Terminally Ill Act, an adult of sound mind may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. Neb. Rev. Stat. § 20-404
| Living will / advance directive | Under Nebraska's Rights of the Terminally Ill Act, an adult of sound mind may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. It must be signed by the declarant (or another person at the declarant's direction) and witnessed by two adults or a notary public. No more than one witness may be an administrator or employee of a health care provider caring for the declarant, and no witness may be an employee of the declarant's life or health insurer (these limits do not apply to a notary). The statute includes an optional 'Declaration' form. Source: Neb. Rev. Stat. § 20-404 |
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| Medical power of attorney | Nebraska calls it a 'power of attorney for health care,' and the agent is the 'attorney in fact.' It must be in writing; identify the principal, the attorney in fact and any successor; specifically authorize the attorney in fact to make health care decisions if the principal is incapable; show the date it was signed; and be either witnessed and signed by at least two adults who saw the principal sign (or acknowledge the signature), or signed and acknowledged before a notary public who is not the attorney in fact or successor. A statutory form is provided. Statutory form: https://nebraskalegislature.gov/laws/statutes.php?statute=30-3408 |
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FAQ
How do I make a living will in Nebraska?
Under Nebraska's Rights of the Terminally Ill Act, an adult of sound mind may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. It must be signed by the declarant (or another person at the declarant's direction) and witnessed by two adults or a notary public. No more than one witness may be an administrator or employee of a health care provider caring for the declarant, and no witness may be an employee of the declarant's life or health insurer (these limits do not apply to a notary). The statute includes an optional 'Declaration' form.
How do I make a medical power of attorney in Nebraska?
Nebraska calls it a 'power of attorney for health care,' and the agent is the 'attorney in fact.' It must be in writing; identify the principal, the attorney in fact and any successor; specifically authorize the attorney in fact to make health care decisions if the principal is incapable; show the date it was signed; and be either witnessed and signed by at least two adults who saw the principal sign (or acknowledge the signature), or signed and acknowledged before a notary public who is not the attorney in fact or successor. A statutory form is provided.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.