Health care directive in Nebraska: form, signing and who decides
The form, who can witness, who can be your agent and who decides if you have no directive in Nebraska.
Checked against official sources: October 31, 2026.
Short answer
Power of Attorney for Health Care
- How to sign
- Notarized or signed by two adult witnesses
The document and its form
- Document
- Power of Attorney for Health Care
- Official form
- Power of Attorney for Health Care (Neb. Rev. Stat. 30-3408), court form DC 6:13Published by Nebraska Supreme CourtVersion: Rev. 03/16
You do not have to use it.
- Living will
Declaration (living will) under the Rights of the Terminally Ill Act
The living will is a separate document.
A declaration tells your doctor to withhold or withdraw life-sustaining treatment if you have an incurable and irreversible terminal condition or are in a persistent vegetative state. It must be signed by you (or another person at your direction) and witnessed by two adults or a notary public. No more than one witness may work for a health care provider treating you, and no witness may work for your life or health insurer. You can revoke it at any time in any manner.
Law: Neb. Rev. Stat. §§ 30-3404, 30-3408; Neb. Rev. Stat. §§ 20-404, 20-405, 20-406
Signing rules
- How to sign
Put it in writing, name your attorney in fact, date it, and either have two qualified adult witnesses sign it or acknowledge it before a notary public.
- Who signs
Signed and dated by you.
- Notary
- A notary or witnesses (your choice)
- Witnesses
- 2 (instead of a notary)
- Who cannot witness
Two adult witnesses must see you sign and date it, or hear you acknowledge your signature, and each signs a witness declaration. These people cannot be witnesses: your spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, attending physician, mental health treatment team member, romantic or dating partner, or attorney in fact, or an employee of your life or health insurance provider. No more than one witness may be an administrator or employee of a health care provider caring for or treating you. The notary cannot be your attorney in fact or successor.
Law: Neb. Rev. Stat. §§ 30-3404, 30-3405
Who can be your agent and what the agent can do
- Who cannot be your agent
These people cannot be your attorney in fact: your attending physician or a member of your mental health treatment team; their employees unless related to you; an owner, operator or employee of a health care provider where you are a patient or resident, unless related to you; or anyone unrelated to you who is already attorney in fact for ten or more people.
Law: Neb. Rev. Stat. 30-3406
- When the agent starts
Your attorney in fact's authority starts when your attending physician (and any consulting physician) determines in writing that you cannot make health care decisions. A physician who is your attorney in fact cannot make that determination.
Law: Neb. Rev. Stat. 30-3411, 30-3412
- Decisions an agent cannot make
Your attorney in fact cannot consent to anything you could not legally consent to, cannot make a decision that would end the life of your unborn child when it would probably be born alive with continued care, and can withhold or withdraw life-sustaining procedures or artificial nutrition and hydration only as the law allows.
Law: Neb. Rev. Stat. 30-3417, 30-3418
Revoking and conflicting documents
- Revoking your agent
While competent, you can revoke a power of attorney for health care at any time, in any way you can communicate it. It takes effect when you tell your attending physician, a health care provider or your attorney in fact. Signing a new power of attorney for health care revokes the earlier one unless it says otherwise.
- Revoking your instructions
A living will declaration can be revoked at any time and in any manner, whatever your mental or physical condition, effective when communicated to your attending physician or another health care provider.
- Telling others
The attending physician must put the revocation in your medical record.
- Divorce ends a spouse's authority
- Yes · Divorce rules in Nebraska (Divorce Law Map)
- Conflicting documents
Unless it says otherwise, a power of attorney for health care supersedes any conflicting earlier directive and any guardianship or conservatorship to the extent of health care decisions.
Law: Neb. Rev. Stat. 30-3420(5)
Law: Neb. Rev. Stat. §§ 30-3420, 20-406
Other states, registry and medical orders
- Mental health directive
Nebraska's Advance Mental Health Care Directives Act lets an adult give instructions and preferences for future mental health care.
Law: Neb. Rev. Stat. 30-4401 to 30-4415, Laws 2020, LB247
Free notice: revoke or change a health care directive
Free help in Nebraska
- Legal Aid of Nebraska
- Nebraska Judicial Branch: Power of Attorney - Medical
- Nebraska Judicial Branch: Power of Attorney - Financial
- Nebraska Judicial Branch: Guardianship and Conservatorship Information
- Nebraska Office of Public Guardian
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Nebraska DHHS Adult Protective Services (Adult Abuse and Neglect Hotline) · (800) 652-1999
Questions about powers of attorney in Nebraska
How do I sign a health care directive in Nebraska?
Put it in writing, name your attorney in fact, date it, and either have two qualified adult witnesses sign it or acknowledge it before a notary public.