Nebraska Health Care Directives & Living Wills From Anywhere
FindLaw has partnered with licensed experienced attorneys to create Nebraska health care directive and living will forms that you can complete from any location that is convenient to you. Just follow along with our quick and easy guided process to receive your customized health care directive and living will.
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Attorney-approved Nebraska Health Care Directives & Living Wills Fast
If you ever become incapacitated and unable to make your own medical care choices, your doctors and loved ones could make treatment decisions contrary to your wishes. A health care directive and living will allows you to make your own choices about life-prolonging procedures in the event of a terminal illness. By creating a health care directive and living will, you can make your health care wishes known in advance and you can prevent potential conflicts among loved ones over future health care issues.
FindLaw provides what you need to complete your Nebraska health care directive and living will:
- We guide you through our step-by-step process to create your customized health care directive and living will.
- Learn how to sign your document to make it legally valid.
- Find answers to your questions about Nebraska health care directive and living wills.
- Connect with a local attorney if you would like additional guidance.
Nebraska Health Care Directive & Living Will Options For Everyone
Health Care Directive & Living Will
For One Person
A do-it-yourself health care directive & living will that’s easy to personalize.
THE MOST COMPREHENSIVE PACKAGE FOR LESS
Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
Create your health care directive & living will in under an hour.
Answer Some Questions
Decide who will be your health care agent/proxy and which medical treatments you would request or refuse.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Sign & Make It Legal
Sign your document according to the instructions. Keep the signed form, and give a copy to your doctors and agent/proxy.
What’s Next to Make My Nebraska Health Care Directive & Living Will Valid?
Follow these steps: See full process
Make decisions on your medical treatment
A health care directive and living will is a document that you can use to appoint an agent to make health care decisions on your behalf and to make your wishes known on the issues of life support and life-prolonging procedures.
According to Nebraska’s Rights of the Terminally Ill Act, any adult who is of sound mind has the right to make their own choices regarding the future use of life-sustaining treatment. Life-sustaining treatment means medical procedures that only serve to maintain a vegetative state or artificially prolong the dying process. It includes such treatments as artificial hydration, feeding tubes, and ventilators. If you would prefer to withhold these types of procedures, you can specify this through your living will. This can be a difficult decision, and it may be helpful to talk it over with a trusted doctor or your loved ones.
Choose a health care agent
You can choose someone to make health care decisions on your behalf through a power of attorney for health care if you would like. This is another term for a document to nominate a health care agent. The legal term for the person you choose is “attorney-in-fact.” But they do not need to be an attorney. They are usually referred to as your health care agent. If you name a health care agent, you should make sure that this person is familiar with your health care wishes and is willing to assert your medical decisions to your doctors and family members if necessary.
Many people choose a close family member like a sibling or adult child for this role. It’s a good idea to choose a healthcare agent who lives in close proximity to you, and who will likely be available at short notice. There are a few legal restrictions on who may act as your health care agent that you should be aware of.
Under Nebraska law, you may not choose any of the following individuals as your health care agent:
- Your attending physician or someone who is a member of your mental health care team
- An employee of your attending physician or your mental health treatment team
- Any owner, operator, or employee of a health care provider where you reside or receive treatment
- Anybody who is acting as attorney-in-fact for ten or more people
The exception to the final three restrictions would be if the individual is a relative of yours.
Sign your document
To make your health care directive and living will legally valid, you must sign it or direct someone to do so for you. You should sign in the presence of two witnesses or a notary public. But you should be aware of certain restrictions on your choice of witnesses. The following is a short summary of the witness limitations, but you should consult an attorney to make sure the witnesses you have are valid under Nebraska law.
No more than one of your witnesses may be anyone who is an administrator or employee of your health care provider. Further, you may not choose an employee of your health insurance or life insurance company to witness your documents. These restrictions do not apply if you are notarizing your document rather than having it witnessed.
Distribute your health care directive and living will
After you have properly signed your health care directive and living will, you need to make sure they get into the right hands. You should give a copy to your healthcare agent (if you chose one), your medical providers, and your close loved ones. It’s also a good idea to keep a copy of your documents in a safe place that trusted loved ones can access if needed.
Update your health care directive and living will
After you have completed your health care directive and living will, you should make sure to review them at least every few years to make sure they are current. If you have gone through significant life changes, you may need to review your choices sooner. Major life events include:
- Moving across state lines
- A new medical diagnosis
- A marriage or a divorce
These events could cause you to rethink the choices in your health care directive and living will. In the case of marriage or divorce, you may wish to change your healthcare agent. Rest assured that if you create your health care directive and living will through FindLaw, you can make changes to your document for a full year after purchase.
You May Want to Speak With a Lawyer if:
- Your family disagrees with your medical choices
- You don’t know who to appoint as your agent
- You have questions about life prolonging measures
- You want legal review of your completed document
Ready to get started on Your Nebraska healthcare directive & living will? It’s free to start.Create My Form
Nebraska Living Will FAQs
A last will and testament (a “will”) is the primary estate planning document. Through a will, you can provide for the distribution of your assets after your death. If you have minor children, you can also choose guardians for them through the provisions in your will. A will does not cover medical care preferences.
A health care directive and living will is a legal document you use to make your future medical treatment wishes known. You can use it to give instructions to your health care providers and loved ones about whether you would request or refuse life-sustaining treatment in the event of a terminal condition or vegetative state. However, you cannot use a living will to describe how you would like your assets to be distributed after your death.
To create a legally valid Nebraska health care directive and living will, you must meet the following basic standards:
- You must be an adult of sound mind. Under Nebraska law, an adult is someone who is either age 19 or older, or who has been married.
- You must sign your documents or direct someone else to sign them for you.
- There must be two adult witnesses or a notary public present at the time you sign.
There are several restrictions on who may act as a witness to your health care directive and living will. Some of the notable restrictions are listed here. You should not choose an employee of your life or health insurance provider as a witness. Further, no more than one of your witnesses should be an employee or administrator of your medical provider. These restrictions do not apply to notary publics.
Yes, out-of-state health care directives and living wills are valid under Nebraska law if they comply with the laws of the state where they were created or with Nebraska law.
However, anytime you complete an out-of-state move, it’s a good time to review your estate planning documents. This helps to ensure that your choices are current and that your documents comply with state laws.
Your health care directive and living will does not go into effect if you are simply hospitalized or enduring a medical emergency. As long as you are able to make your own decisions on treatments, your medical providers will continue to consult with you directly about your medical care.
According to Nebraska’s health care laws, Your health care directive and living will only becomes effective in the event that you are unable to give informed consent on life-sustaining treatment and are diagnosed with:
- A terminal condition; or
- A persistent vegetative state
A terminal condition is one that is irreversible and incurable. Further, it will likely result in death within a short time if medical providers do not supply artificially life-sustaining treatments. A persistent vegetative state is a medical condition in which there is no cognitive or conscious brain activity.
Note that the attending physician must first inform an immediate family member or guardian prior to acting on the instructions in your health care directive and living will.
Under Nebraska law, if your doctor is unwilling to honor your health care directive and living will, they must promptly transfer you to a health care provider who is willing to honor your wishes.
Yes, your doctor must provide comfort care and treatment to alleviate pain regardless of whether you have a health care directive and living will. This includes nutrition and hydration that are necessary to prevent pain.
You have the right to change or revoke your health care directive and living will at any time you choose to, and in any manner you choose. Your physical or mental condition has no bearing on your ability to revoke according to Nebraska’s health care statutes. If you wish to completely revoke your health care directive and living will, you should inform your health care providers as soon as possible. You should also physically destroy your health care directive and living will if possible.
Another way to perform a revocation is to create a new health care directive and living will that revokes all prior ones. With FindLaw, you can create a new health care directive and living will in about 30 minutes from anywhere.
After you have revoked your health care directive and living will or created a new one, make sure to inform your doctors. You will also need to provide copies of your new health care directive and living will to your healthcare agent and close loved ones.
Complex Family Situation? Need Additional Guidance?
Contact a local estate planning attorney.
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