2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-3408 - Power of attorney; form; validity.

30-3408.
Power of attorney; form; validity.
(1) A power of attorney for health care executed on or after September 9, 1993, shall be in a form which complies with sections 30-3401 to 30-3432 and may be in the form provided in this subsection.
POWER OF ATTORNEY FOR HEALTH CARE
I appoint ..................., whose address is ..........., and whose telephone number is ..........., as my attorney in fact for health care. I appoint ..........., whose address is ................................, and whose telephone number is ..........., as my successor attorney in fact for health care. I authorize my attorney in fact appointed by this document to make health care decisions for me when I am determined to be incapable of making my own health care decisions. I have read the warning which accompanies this document and understand the consequences of executing a power of attorney for health care.
I direct that my attorney in fact comply with the following instructions or limitations: .................................
I direct that my attorney in fact comply with the following instructions on life-sustaining treatment: (optional) ..................................................
I direct that my attorney in fact comply with the following instructions on artificially administered nutrition and hydration: (optional) ..................................................
I HAVE READ THIS POWER OF ATTORNEY FOR HEALTH CARE. I UNDERSTAND THAT IT ALLOWS ANOTHER PERSON TO MAKE LIFE AND DEATH DECISIONS FOR ME IF I AM INCAPABLE OF MAKING SUCH DECISIONS. I ALSO UNDERSTAND THAT I CAN REVOKE THIS POWER OF ATTORNEY FOR HEALTH CARE AT ANY TIME BY NOTIFYING MY ATTORNEY IN FACT, MY PHYSICIAN, OR THE FACILITY IN WHICH I AM A PATIENT OR RESIDENT. I ALSO UNDERSTAND THAT I CAN REQUIRE IN THIS POWER OF ATTORNEY FOR HEALTH CARE THAT THE FACT OF MY INCAPACITY IN THE FUTURE BE CONFIRMED BY A SECOND PHYSICIAN.
.............................................
(Signature of person making designation/date)
DECLARATION OF WITNESSES
We declare that the principal is personally known to us, that the principal signed or acknowledged his or her signature on this power of attorney for health care in our presence, that the principal appears to be of sound mind and not under duress or undue influence, and that neither of us nor the principal's attending physician is the person appointed as attorney in fact by this document.
Witnessed By:
...........................
............................
(Signature of Witness/Date)
(Printed Name of Witness)
...........................
...........................
(Signature of Witness/Date)
(Printed Name of Witness)
OR
State of Nebraska,)
)
ss.
County of ...... .)
On this ........ day of ......... 20...., before me, ......., a notary public in and for .............. County, personally came .........., personally to me known to be the identical person whose name is affixed to the above power of attorney for health care as principal, and I declare that he or she appears in sound mind and not under duress or undue influence, that he or she acknowledges the execution of the same to be his or her voluntary act and deed, and that I am not the attorney in fact or successor attorney in fact designated by this power of attorney for health care.
Witness my hand and notarial seal at ......... in such county the day and year last above written.
..........................
Seal
Signature of Notary Public
(2) 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 the power of attorney for health care included in such durable power of attorney or any other form fully complies with the terms of section 30-3404.
(3) A power of attorney for health care executed prior to January 1, 1993, shall be effective if it fully complies with the terms of section 30-3404.
(4) 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.
(5) A power of attorney for health care may include an advance mental health care directive under the Advance Mental Health Care Directives Act.
Source
Laws 1992, LB 696, § 8;
Laws 1993, LB 782, § 22;
Laws 2004, LB 813, § 11;
Laws 2012, LB1113, § 47;
Laws 2020, LB247, § 19.
Cross References
Advance Mental Health Care Directives Act, see section 30-4401.
Nebraska Uniform Power of Attorney Act, see section 30-4001.