The proposed bill seeks to adopt the Uniform Health-Care Decisions Act in Nebraska, creating a structured framework for advance health-care directives and decision-making. It introduces key definitions such as "advance health-care directive," "agent," "capacity," and "surrogate," clarifying the roles of individuals involved in health-care decisions. The bill emphasizes the importance of individual capacity, outlining a process for determining capacity and allowing individuals to contest findings. It mandates that courts appoint legal counsel for individuals filing capacity petitions, which must be heard within seven days, and establishes that a lack of capacity can only be determined by clear and convincing evidence.
Additionally, the bill establishes guidelines for advance mental health-care directives, allowing individuals to specify their preferences for mental health treatment and appoint agents for such decisions. It introduces a hierarchy for default surrogates, detailing the order of priority for potential surrogates and the conditions under which they may be disqualified. The legislation also clarifies the validity of electronic health-care directives, ensuring they hold the same legal weight as originals, and emphasizes the protection of individuals' rights and preferences in health-care decision-making. Overall, the bill aims to enhance individual autonomy while providing legal safeguards and clarity in the health-care decision-making process.