Nebraska advance health care directive template

You can complete FindLaw’s attorney-created health care directive forms in less than an hour at home. Our guided process takes you through a few easy steps and includes a free HIPAA release form. You’ll be able to download, print and sign your documents in no time.

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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 allows you to make your own choices about life-prolonging procedures in the event of a terminal illness. By creating a health care directive, 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:

We guide you through our step-by-step process to create your customized health care directive
Free Nebraska Advance Health Care Directive Template in PDF
Learn how to sign your document to make it legally valid
Find answers to your questions about Nebraska health care directives
Connect with a local attorney if you would like additional guidance
Download the free sample template on this page

FindLaw provides everything you need:

Last updated: January 31, 2022

Written by:

Kimberly Lekman, Esq.

Contributing Author

Reviewed by:

John Devendorf, Esq.

Contributing Author

Nebraska health care directive options to suit your needs

Health Care Directive
For One Person

A do-it-yourself health care directive that’s easy to personalize.

$39

What’s included:

Step-by-step guided process

A health care directive tailored to your needs

Attorney-approved document compliant with your state’s laws

Free HIPAA release form

Free changes and revisions to your document for up to a full year after purchase

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Estate Planning Package
For One person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Health care directive

Power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

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How it works

Create your health care directive in under an hour

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Decide who will be your health care agent/proxy, which treatments you would request or refuse and release your records

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Print and sign your document according to instructions. Give copies to your doctors and agent/proxy

What’s next to make my Nebraska health care directive valid?

Follow these steps:

Make decisions on your medical treatment

A health care directive 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 health care directive. 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 health care 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 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

After you have properly signed your health care directive, you need to make sure they get into the right hands. You should give a copy to your health care 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

After you have completed your health care directive, 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. In the case of marriage or divorce, you may wish to change your health care agent. Rest assured that if you create your health care directive 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

Find a local estate planning lawyer

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Frequently asked questions about Nebraska health care directives

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What is the difference between a will and a living will?

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 living will, also called a health care directive, 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 health care directive to describe how you would like your assets to be distributed after your death.

What are the legal requirements for a valid Nebraska health care directive?

To create a legally valid Nebraska health care directive, 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. 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.

Is a health care directive from another state valid in Nebraska?

Yes, out-of-state health care directives 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.

When does my health care directive go into effect?

Your health care directive 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 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.

What happens if my doctor refuses to honor my health care directive?

Under Nebraska law, if your doctor is unwilling to honor your health care directive, they must promptly transfer you to a health care provider who is willing to honor your wishes.

Will I still receive medicine for pain if I have a health care directive?

Yes, your doctor must provide comfort care and treatment to alleviate pain regardless of whether you have a health care directive. This includes nutrition and hydration that are necessary to prevent pain.

How can I revoke my health care directive?

You have the right to change or revoke your health care directive 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, you should inform your health care providers as soon as possible. You should also physically destroy your health care directive if possible.

Another way to perform a revocation is to create a new health care directive that revokes all prior ones. With FindLaw, you can create a new health care directive in about 30 minutes from anywhere.

After you have revoked your health care directive or created a new one, make sure to inform your doctors. You will also need to provide copies of your new health care directive to your health care agent and close loved ones.

Complex family situation? Need additional guidance?

Contact a local estate planning attorney.