A durable (or health care) power of attorney legally grants a named individual the authority to make important health care and end-of-life decisions on your behalf in the event that you become unable to provide informed consent. Typically, the named individual (or "agent") follows the guidelines you have provided in a living will, and is bound by its terms. Although the durable power of attorney must be written and signed while you are still of sound mind, it is only invoked if you are unconscious, suffer from dementia, or are otherwise unable to provide consent.
Nebraska Durable Power of Attorney Laws at a Glance
The following chart provides additional details of Nebraska durable power of attorney law. See The Power of Attorney, Living Will, and Your Health Care for a summary.
| Code Section | 30-3401et seq. Health Care Power of Attorney |
| Specific Powers, Life-Prolonging Acts | Consent, refusal of consent, withdrawal of consent to health care. Shall not include (1) withdrawal of routine comfort care; (2) withdrawal of usual and typical provision of nutrition and hydration; (3) withdrawal or withholding of life-sustaining procedures or artificially administered nutrition or hydration except if declarant gives that authority. (Note that an attempted suicide by the principal shall not be construed as indicating the principal's wishes with regard to health care.) |
| Legal Requirements for Durable Power of Attorney | (1) In writing; (2) identify parties; (3) specifically authorize attorney-in-fact to make decisions when principal is incapable (this must be documented by physician indicating cause and nature of incapacity); (4) signed and witnessed by 2 adults; (5) show date of execution; (6) substantially in form of §30-3408; (7) not operative when principal is known to be pregnant and live birth is probable |
| Revocation of Durable Power of Attorney | Revocable at any time by competent principal in any manner he/she is able to communicate an intent to revoke; withdrawal at any time by attorney-in-fact. Otherwise, effective until death of principal; divorce or legal separation, unless otherwise noted in divorce decree, shall be deemed to revoke power of attorney for health care in spouse. |
| Validity from State-to-State | Declaration executed in another state is valid according to its terms if valid under the laws of that state |
| If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician shall inform attorney-in-fact and promptly assist in transferring principal to willing physician |
| Immunity for Attending Physician | No criminal, civil, or professional liability if acting in good faith. Does not limit liability for negligence |
Note: State laws are constantly changing, often through the enactment of newly signed legislation but sometimes through court decisions or other means. You should contact a Nebraska health care attorney or estate planning attorney, or conduct your own legal research to verify the state law(s) you are researching.
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