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.

Power of attorney for health care: must be in writing, name the agent, specifically authorize health care decisions if the principal becomes incapable, be dated, and be either witnessed by two adults or signed and acknowledged before a notary (who cannot be the agent); a statutory form is provided. Living will: an adult of sound mind may sign a declaration about life-sustaining treatment, witnessed by two adults or a notary, with limits on who may serve as a witness.

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.

Nebraska has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Neb. Rev. Stat. § 30-4041 (Nebraska Uniform Power of Attorney Act). The form ends with a signature and acknowledgment block for a notary and an optional signature line for the agent. For health care, Neb. Rev. Stat. § 30-3408 provides a power of attorney for health care form; it is signed by the principal and either witnessed by two people who declare the principal is personally known to them, or acknowledged before a notary.