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 for individuals who may lack the capacity to make such decisions. It introduces key definitions, including "advance health-care directive," "agent," "capacity," and "surrogate," to clarify the roles of those involved in health-care decisions. The bill emphasizes the presumption of capacity, requiring clear and convincing evidence to determine a lack of capacity, and mandates that individuals found to lack capacity be informed of such findings and allowed to object. It also establishes guidelines for appointing agents and default surrogates, outlining a hierarchy for surrogate decision-making and the process for revoking appointments.
Additionally, the bill modernizes the handling of electronic health-care directives, ensuring that such directives are valid and enforceable, and that evidence related to them cannot be excluded solely based on their electronic form. It protects agents and surrogates from liability when acting in good faith and prohibits coercive practices regarding advance directives, with penalties for violations. The bill clarifies that it does not permit mercy killing, assisted suicide, or euthanasia, and ensures that existing advance directives remain valid under the new law. Overall, the legislation aims to enhance individual autonomy in health-care decision-making while safeguarding their rights and preferences.