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A Nebraska living will, known as an advance directive, is a legal document that is used to explain to healthcare providers what you'd like to happen in the event that you're unable to make your own decisions. It is most commonly used if you are in a persistent vegetative state, are diagnosed with an irreversible condition, are diagnosed with a terminal condition, or an incurable injury or medical condition. Your decisions that are documented cover topics such as the administration of life-sustaining treatment, a do not resuscitate order, and other medical decisions.
A Nebraska living will declaration is also used to name someone, known as an attorney-in-fact or health care agent, to make decisions on your behalf. Nebraska has extremely specific laws about who you can name as your attorney-in-fact. A living will must either include the signatures of two witnesses or it must be notarized. The State of Nebraska also has specific laws about who can and cannot act as your witness. For instance, a witness may not be your attorney-in-fact, your spouse, or your healthcare provider. It could be a close friend or another family member according to Nebraska law.
The purpose of a living will is to document your decision making wishes to make a difficult time easier for your loved ones. It is not the same as a power of attorney, power of attorney for health care, or durable power of attorney. For more information about any type of power of attorney form, please seek legal advice.
Nebraska adopted the Rights of the Terminally Ill Act, Nebraska Revised Statutes Chapter 20 § 402 - 416. For Nebraska residents, a living will may include language that states "I direct that my doctor and any person charged with the responsibility for my care by this expression of my preferences, if I should lapse into a persistent vegetative state or have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to the Rights of the Terminally Ill Act, to withhold or withdraw life-sustaining treatment that is not necessary for my comfort or to alleviate pain." This language is only necessary for residents who wish to make this choice.
A Nebraska last will and testament is another important part of a well-planned estate.
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