reglab/housing_qa huggingface dataset:
NE Code § 30-3412 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3412 - Incapacity of principal; determination.

30-3412.  Incapacity of principal; determination.(1) A determination that a principal is incapable of making health care decisions shall be made in writing by the attending physician and any physician consulted with respect to the determination that the principal is incapable of making health care decisions, and they shall document the cause and nature of the principal's incapacity. The determination shall be included in the principal's medical record with the attending physician and, when applicable, with the consulting physician and the health care facility in or of which the principal is a patient or resides.(2) A physician who has been designated a principal's attorney in fact shall not make the determination that the principal is incapable of making health care decisions.Source   Laws 1992, LB 696, § 12;   Laws 1993, LB 782, § 24.
NE Code § 30-3413 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3413 - Incapacity of principal; notice.

30-3413.  Incapacity of principal; notice.Notice of a determination that a principal is incapable of making health care decisions shall be given by the attending physician (1) to the principal when there is any indication of the principal's ability to comprehend such notice, (2) to the attorney in fact, and (3) to the health care provider.Source   Laws 1992, LB 696, § 13;   Laws 1993, LB 782, § 25.
NE Code § 30-3414 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3414 - Incapacity of principal; attorney in fact; duties.

30-3414.  Incapacity of principal; attorney in fact; duties.Promptly upon being notified that a determination that the principal is incapable of making health care decisions has or is about to be made, the attorney in fact, if other than the principal's most proximate next of kin and if the principal has not directed otherwise, shall notify the most proximate next of kin and the court-appointed guardian of the principal, if any. The order of notification shall be: (1) The spouse; (2) an adult child; (3) either parent; (4) an adult brother or sister; and (5) the next closest kin.Source  Laws 1992, LB 696, § 14.
NE Code § 30-3415 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3415 - Incapacity of principal; dispute; hearing.

30-3415.  Incapacity of principal; dispute; hearing.If a dispute arises as to whether the principal is incapable, a petition may be filed with the county court in the county in which the principal resides or is located requesting the court's determination as to whether the principal is incapable of making health care decisions. If such a petition is filed, the court shall appoint a guardian ad litem to represent the principal. The court shall conduct a hearing on the petition within seven days after the court's receipt of the petition. Within seven days after the hearing, the court shall issue its determination. If the court determines that the principal is incapable, the authority, rights, and responsibilities of the principal's attorney in fact shall become effective. If the court determines that the principal is not incapable, the authority, rights, and responsibilities of the attorney in fact shall not become effective.Source  Laws 1992, LB 696, § 15.
NE Code § 30-3416 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3416 - Incapacity of principal; determination; effect.

30-3416.  Incapacity of principal; determination; effect.A determination that a principal is incapable of making health care decisions shall not be construed as a finding that the principal is incapable for any other purpose.Source  Laws 1992, LB 696, § 16.
NE Code § 30-3417 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3417 - Attorney in fact; powers and duties; exceptions; responsibility for costs; rights; objection of principal; health care provider; acceptance of decisions.

30-3417.  Attorney in fact; powers and duties; exceptions; responsibility for costs; rights; objection of principal; health care provider; acceptance of decisions.(1) When the authority conferred by a power of attorney for health care has commenced, the attorney in fact, subject to any instructions and limitations set forth in the power of attorney for health care or elsewhere, shall make health care decisions on the principal's behalf, except that the attorney in fact shall not have authority (a) to consent to any act or omission to which the principal could not consent under law, (b) to make any decision when the principal is known to be pregnant that will result in the death of the principal's unborn child and it is probable that the unborn child will develop to the point of live birth with continued application of health care, or (c) to make decisions regarding withholding or withdrawing a life-sustaining procedure or withholding or withdrawing artificially administered nutrition and hydration except as provided under section 30-3418.(2) The attorney in fact shall have priority over any person other than the principal to act for the principal in all health care decisions, except that the attorney in fact shall not have the authority to make any health care decision unless and until the principal has been determined to be incapable of making health care decisions pursuant to section 30-3412.(3) The attorney in fact shall not be personally responsible for the cost of health care provided to the principal.(4) Except to the extent that the right is limited by the power of attorney for health care, an attorney in fact shall have the same right as the principal to receive information regarding the proposed health care, to receive and review medical and clinical records, and to consent to the disclosures of such records, except that the right to access such records shall not be a waiver of any evidentiary privilege.(5) Notwithstanding a determination pursuant to section 30-3412 that the principal is incapable of making health care decisions, when a principal objects to the determination or to a health care decision made by an attorney in fact, the principal's objection or decision shall prevail unless the principal is determined by a county court to be incapable of making health care decisions.(6) No health care provider shall be required to accept health care decisions from an attorney in fact until such health care provider has received a signed original or a photostatic copy of a signed original power of attorney for health care.Source  Laws 1992, LB 696, § 17.
NE Code § 30-3418 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3418 - Attorney in fact; consult with medical personnel; authority; limitations.

30-3418.  Attorney in fact; consult with medical personnel; authority; limitations.(1) In exercising authority under the power of attorney for health care, an attorney in fact shall have a duty to consult with medical personnel, including the attending physician, and thereupon to make health care decisions (a) in accordance with the principal's wishes as expressed in the power of attorney for health care or as otherwise made known to the attorney in fact or (b) if the principal's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the principal's best interests, with due regard for the principal's religious and moral beliefs if known.(2) Notwithstanding subdivision (1)(b) of this section, the attorney in fact shall not have the authority to consent to the withholding or withdrawing of a life-sustaining procedure or artificially administered nutrition or hydration unless (a) the principal is suffering from a terminal condition or is in a persistent vegetative state and (b) the power of attorney for health care explicitly grants such authority to the attorney in fact or the intent of the principal to have life-sustaining procedures or artificially administered nutrition or hydration withheld or withdrawn under such circumstances is established by clear and convincing evidence.(3) In exercising any decision, the attorney in fact shall have no authority to withhold or withdraw consent to routine care necessary to maintain patient comfort or the usual and typical provision of nutrition and hydration.Source  Laws 1992, LB 696, § 18. Annotations Where the wishes expressed by the principal while competent were impossible to fulfill and the attorneys in fact for health care faced medical decisions about which the principal’s wishes were not known and could not be reasonably ascertained due to the principal’s incompetence, the duty of the attorneys in fact for health care was to act in a manner consistent with the principal’s best interests. In re Trust Created by Nabity, 289 Neb. 164, 854 N.W.2d 551 (2014).
NE Code § 30-3419 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3419 - Attending physician; duties.

30-3419.  Attending physician; duties.(1) Before acting upon a health care decision made by an attorney in fact, other than those decisions made at or about the time of the initial determination, the attending physician shall confirm that the principal continues to be incapable. The confirmation shall be stated in writing and shall be included in the principal's medical records. The notice requirements set forth in sections 30-3413 and 30-3414 shall not apply to the confirmation required by this subsection.(2) If the attending physician determines that the principal is no longer incapable, the authority of the attorney in fact shall cease unless otherwise directed by the principal, but it shall recommence if the principal subsequently becomes incapable as determined pursuant to section 30-3412.Source  Laws 1992, LB 696, § 19.
NE Code § 30-3421 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3421 - Filing of petition; when.

30-3421.  Filing of petition; when.(1) A petition may be filed for any one or more of the following purposes:(a) To determine whether the power of attorney for health care is in effect or has been revoked or terminated;(b) To determine whether the acts or proposed acts of the attorney in fact are consistent with the wishes of the principal as expressed in the power of attorney for health care or otherwise established by clear and convincing evidence or, when the wishes of the principal are unknown, whether the acts or proposed acts of the attorney in fact are clearly contrary to the best interests of the principal;(c) To declare that the power of attorney for health care is revoked upon a determination that the attorney in fact made or proposed to make a health care decision for the principal that authorized an illegal act or omission; or(d) To declare that the power of attorney for health care is revoked upon a determination by the court of both of the following: (i) That the attorney in fact has violated, failed to perform, or is unable to perform the duty to act in a manner consistent with the wishes of the principal or, when the desires of the principal are unknown, to act in a manner that is in the best interests of the principal; and (ii) that at the time of the determination by the court, the principal lacks the capacity to revoke the power of attorney for health care.(2) A petition under this section shall be filed with the county court of the county in which the principal resides or is located.Source  Laws 1992, LB 696, § 21. Annotations Where the wishes expressed by the principal while competent were impossible to fulfill and the attorneys in fact for health care faced medical decisions about which the principal’s wishes were not known and could not be reasonably ascertained due to the principal’s incompetence, the appropriate consideration under subdivision (1)(d) of this section was whether the attorneys in fact for health care failed to act in a manner consistent with the principal’s best interests. In re Trust Created by Nabity, 289 Neb. 164, 854 N.W.2d 551 (2014).
NE Code § 30-3422 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3422 - Filing of petition; by whom.

30-3422.  Filing of petition; by whom.A petition under section 30-3415 or 30-3421 may be filed by any of the following:(1) The principal;(2) The attorney in fact;(3) The spouse, parent, sibling, or adult child of the principal;(4) A close adult friend of the principal;(5) The guardian of the principal;(6) The attending physician or other health care provider; or(7) Any other interested party.Source   Laws 1992, LB 696, § 22;   Laws 1993, LB 782, § 26.
NE Code § 30-3423 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3423 - Attorney in fact; attending physician; health care provider; immunity.

30-3423.  Attorney in fact; attending physician; health care provider; immunity.(1) An attorney in fact shall not be guilty of any criminal offense, subject to any civil liability, or in violation of any professional oath or code of ethics or conduct for any action taken in good faith pursuant to a power of attorney for health care or an advance mental health care directive under the Advance Mental Health Care Directives Act.(2) No attending physician or health care provider acting or declining to act in reliance upon the decision made by a person whom the attending physician or health care provider in good faith believes is the attorney in fact for health care shall be subject to criminal prosecution, civil liability, or professional disciplinary action. Nothing in sections 30-3401 to 30-3432, however, shall limit the liability of an attending physician or health care provider for a negligent act or omission in connection with the medical diagnosis, treatment, or care of the principal.Source   Laws 1992, LB 696, § 23;   Laws 1993, LB 782, § 27;  Laws 2020, LB247, § 20.  Cross References  Advance Mental Health Care Directives Act, see section 30-4401.
NE Code § 30-3424 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3424 - Right to make health care decisions; sections; effect.

30-3424.  Right to make health care decisions; sections; effect.Subject to subsection (5) of section 30-3417 and subsection (7) of section 30-3420, in the absence of an effective designation of power of attorney for health care nothing in sections 30-3401 to 30-3432 shall affect any right a person may otherwise have to make health care decisions on behalf of another.Source   Laws 1992, LB 696, § 24;   Laws 1993, LB 782, § 28.
NE Code § 30-3425 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3425 - Health care providers; assumption of validity.

30-3425.  Health care providers; assumption of validity.Health care providers shall be entitled to assume the validity of a power of attorney for health care executed in this state until given actual notice to the contrary.Source  Laws 1992, LB 696, § 32.
NE Code § 30-3426 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3426 - Execution of power of attorney; effect on right to routine care.

30-3426.  Execution of power of attorney; effect on right to routine care.By executing a power of attorney for health care, a principal shall not waive his or her right to routine hygiene, nursing, and comfort care and the usual and typical provision of nutrition and hydration.Source  Laws 1992, LB 696, § 25.
NE Code § 30-3427 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3427 - Health care provider; exercise independent medical judgment.

30-3427.  Health care provider; exercise independent medical judgment.In following the decision of an attorney in fact, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decision of the principal if the principal were not incapable.Source  Laws 1992, LB 696, § 26.
NE Code § 30-3428 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3428 - Health care provider; refusal to honor health care decision; duties.

30-3428.  Health care provider; refusal to honor health care decision; duties.(1) Nothing in sections 30-3401 to 30-3432 shall obligate a health care provider organization to honor a health care decision by an attorney in fact that the health care provider organization would not honor if the decision had been made by the principal because the decision is contrary to a formally adopted policy of the health care provider organization that is expressly based on religious beliefs or sincerely held ethical or moral convictions central to the operating principles of the health care provider organization. The health care provider organization may refuse to honor the decision whether made by the principal or by the attorney in fact if the health care provider organization has informed the principal or the attorney in fact of such policy, if reasonably possible. If the attorney in fact is unable or unwilling to arrange a transfer to another health care facility, the health care provider organization may intervene to facilitate such a transfer.(2) Nothing in sections 30-3401 to 30-3432 shall obligate an individual as a health care provider to honor or cooperate with a health care decision by an attorney in fact that the individual would not honor or cooperate with if the decision had been made by the principal because the decision is contrary to the individual's religious beliefs or sincerely held moral or ethical convictions. The individual health care provider shall promptly inform the attorney in fact and the health care provider organization of his or her refusal to honor or cooperate with the decision of the attorney in fact. In such event, the health care provider organization shall promptly assist in the transfer of responsibility for the principal to another individual health care provider who is willing to honor the decision of the attorney in fact.Source  Laws 1992, LB 696, § 27.
NE Code § 30-3429 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3429 - Power of attorney; prohibited acts.

30-3429.  Power of attorney; prohibited acts.(1) No person shall be required to execute or to refrain from executing a power of attorney for health care as a criterion for insurance or as a condition for receiving health care.(2) No person authorized to engage in the business of insurance in this state, medical care corporation, health care corporation, health maintenance organization, other health care plan, or legal entity that is self-insured and provides benefits to its employees or members shall do any of the following because of the execution or implementation of a power of attorney for health care or because of the failure or refusal to execute or implement a power of attorney for health care: (a) Refuse to provide or continue coverage to any person; (b) limit or increase the amount of coverage available to any person; (c) charge a person a different rate; (d) consider the terms of an existing policy of life or health insurance to have been breached or modified; or (e) invoke a suicide or intentional death exemption or exclusion in a policy covering the person.(3) Nothing in sections 30-3401 to 30-3432 shall be intended to impair or supersede any federal statute.(4) Except as provided in subsections (2) and (3) of section 30-3408 and subsection (4) of section 30-3420, nothing in sections 30-3401 to 30-3432 shall impair or supersede any durable power of attorney in effect prior to January 1, 1993.Source   Laws 1992, LB 696, § 28;   Laws 1993, LB 782, § 29.
NE Code § 30-3430 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3430 - Presumptions not created.

30-3430.  Presumptions not created.The fact that a person has not appointed an attorney in fact or has not provided the attorney in fact with specific health care instructions shall create no presumptions regarding the person's wishes about health care.Source  Laws 1992, LB 696, § 29.
NE Code § 30-3431 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3431 - Attempted suicide; how construed.

30-3431.  Attempted suicide; how construed.For purposes of making health care decisions, an attempted suicide by the principal shall not be construed as any indication of the principal's wishes with regard to health care.Source  Laws 1992, LB 696, § 31.
NE Code § 30-3432 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3432 - Violations; penalties.

30-3432.  Violations; penalties.(1) It shall be a Class II felony for a person to willfully sign or alter without authority or to otherwise alter, forge, conceal, or destroy a power of attorney for health care or to willfully conceal or destroy a revocation with the intent and effect of causing a withholding or withdrawing of life-sustaining procedures or artificially administered nutrition or hydration which hastens the death of the principal.(2) It shall be a Class I misdemeanor for a person without the authorization of the principal to willfully alter, forge, conceal, or destroy a power of attorney for health care or a revocation of a power of attorney for health care.(3) A physician or other health care provider who willfully prevents the transfer of a principal in accordance with section 30-3428 with the intention of avoiding the provisions of sections 30-3401 to 30-3432 shall be guilty of a Class I misdemeanor.Source   Laws 1992, LB 696, § 30;   Laws 1993, LB 782, § 30.
NE Code § 30-3501 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-3501 - Act, how cited.

30-3501.  Act, how cited.Sections 30-3501 to 30-3522 shall be known and may be cited as the Nebraska Uniform Custodial Trust Act.Source  Laws 1997, LB 51, § 1.