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The Nebraska Advance Directive signifies a prearranged compilation designed to record a person’s wishes regarding health care. The document is comprised of a living will and a power of attorney for health care and allows the declarant to proclaim medical treatment preferences should they become incapacitated. Assignment of a designated agent can be affirmed along with the desired course of action concerning life-support, pain management, and resuscitation. Filing an additional Emergency Treatment Declaration will assert to further document choices to cover a broader range of selections.

This document contains the following sections:

Part I: Power of Attorney for Health Care
Part II: Living Will Declaration

Laws

Statutes – Nebraska Revised Statutes – Power of Attorney for Health Care (§ 30-3401 – 30-3432) and Nebraska Revised Statutes – Rights of the Terminally Ill Act (§ 20-401 – 20.416)

Definition – “Power of attorney for health care” shall mean a power of attorney executed in accordance with sections § 30-3401 to § 30-3432, which authorizes a designated attorney-in-fact to make health care decisions for the principal when the principal is incapable (§ 30.3402).

Signing Requirements – To confirm the enforceability of the contract, corroboration by either a notary official or two (2) witnesses must be received upon the moment of endorsement. Nebraska state regulation further specifies that the witnessing parties must meet the specifications set forth in the Nebraska Revised Statutes § 30-3405 (§ 30-3404(5)).

Revocation – § 30-3420 and § 20-406