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An advance directive in Nebraska is a legal document designed to help individuals who create it (also known as principals) to plan for their future healthcare. It outlines principals' medical preferences in case they become unable to communicate their wishes.
This advance directive form can include several key components, such as a living will, which specifies preferences for end-of-life treatments, and a physician's do not resuscitate (DNR) order, which indicates principals do not wish to receive CPR in the event of cardiac arrest.
Additionally, it can include a durable power of attorney for health care (medical power of attorney), which allows the appointment of someone to make health care decisions on the principal's behalf if they are unable to do so.
Signing Requirements for Nebraska Advance Health Care Directive
The signing requirements for an advance directive (known as an advance mental health care directive in Nebraska) are defined under the Nebraska Revised Statute in Section 30-4405. Here are the specific conditions for its legal validity:
Signing Requirements for Nebraska
The directive must be in writing.
It must be dated and signed by the principal or by another individual acting at the direction of the principal if they are physically unable to sign. This individual cannot be an attorney.
It must be signed in the presence of a notary public or witnessed by at least two adults who are not financially involved with the directive.
Moreover, each witness must attest that:
They were present when the principal signed the directive (or someone else signed it on the principal's behalf).
The principal did not appear incapacitated or under undue influence.
The principal presented identification, or the witness personally knew the principal.
Additionally, specific restrictions apply to witnesses, so they cannot be:
The principal's attending physician or a member of the principal's mental health treatment team.
The principal's spouse, parent, child, grandchild, sibling, presumptive heir, or known decisee at the time of witnessing.
Anyone in a romantic relationship with the principal.
The attorney-in-fact or a person designated to make mental health care decisions for the principal.
The owner, operator, employee, or relative of an owner or operator of a treatment facility where the principal is receiving care.
Nebraska Advance Health Care Directive Revocation & Changing
Nebraska advance directive becomes effective when a principal is unable to make or communicate their own health care decisions. This usually happens if the principal is unconscious, mentally incapacitated, or unable to express their wishes due to other terminal conditions.
According to Section 30-4407, a principal can revoke their directive, even if they are incapacitated unless they explicitly made the advance directive irrevocable during periods of incapacity. The advance directive can be revoked by writing a statement that clearly revokes the document or by creating a new directive that cancels the old one entirely.
Additional Legal Considerations for Nebraska Advance Health Care Directive
According to Section 30-4408, the principal can create a self-binding arrangement, which allows them to agree in advance to treatment, such as inpatient care or medication, if they become incapacitated due to a mental health episode and refuse treatment. In that case, the principal must make the directive irrevocable during incapacity.
Section 30-4411 specifies that if the principal has both medical power of attorney and an advance directive for health care, and there’s a conflict between them about mental health care decisions, the advance directive will take priority.
As stated in Section 30-4406, the advance directive cannot allow consent to psychosurgery. If this is included, it doesn’t invalidate the whole directive, but that specific instruction won’t be enforceable.
How to Choose a Health Care Agent in Nebraska
When choosing a Nebraska health care proxy, select someone you trust who is responsible, understands your values, and is willing to follow your wishes and act in your best interest.
Typically, you can choose a family member or close friend, but your doctor or health care provider cannot be your agent unless they’re a relative. The health care agent must be at least 18 years old and mentally competent to make decisions on the principal's behalf.
What Happens if You Don’t Have an Advance Directive in Nebraska?
If you don’t have an advance directive in Nebraska, medical decisions will be made by your family or health care providers if you become incapacitated. As a result, medical treatment or end-of-life wishes might not be fully known or followed.
Without an advance directive, there could also be disagreements among family members or confusion about what type of care you would want.
Using an advance directive is a crucial part of effective advance care planning because it gives you control over your medical decisions and helps avoid potentially stressful situations with your loved ones.