Advance Directives
An advance directive under Nebraska law is a written instruction recognized under applicable law that relates to the provision of medical care if the client becomes incapacitated. This can take the form of a living will or a durable power of attorney for health care. Hospitals, nursing facilities, providers of home health care or personal care services, hospice programs, and Managed Care Organizations (MCOs) are required to maintain written policies, procedures, and materials concerning advance directives. They must provide written information to all adult clients receiving medical care by or through the provider or organization concerning their rights under applicable law to make decisions concerning their medical care, accept or refuse medical or surgical treatment, and formulate advance directives.
A power of attorney for health care may be included in a durable power of attorney drafted under the Nebraska Uniform Power of Attorney Act or in any other form if it fully complies with the terms of section 30-3404. A power of attorney for health care executed prior to January 1, 1993, shall be effective if it fully complies with the terms of Neb. Rev. Stat. § 30-3404. A power of attorney for health care which is executed in another state and is valid under the laws of that state shall be valid according to its terms.
Advance health directives convey an individual's treatment preferences and designate a health care agent or proxy in the event the individual is unable to make medical decisions on his own behalf due to an incapacitating medical condition. Recognition, form, execution, and operation of health directives are matters of state law. Types of health directives generally include health care proxies, health care or medical power of attorney, and living wills.
The Bottom Line:
An advance directive under Nebraska law is a legal document that provides instructions for medical care in the event of the client's incapacitation. It is recognized and regulated under state law, and can take various forms including a living will or a durable power of attorney for health care
