This bill amends section 30-3417 of the Reissue Revised Statutes of Nebraska, which pertains to the powers and duties of attorneys in fact regarding health care decisions for decedents' estates. The amendments clarify that an attorney in fact cannot consent to actions that the principal could not legally consent to, nor can they make decisions that would result in the death of the principal's unborn child unless the principal's treating physician determines that the principal's life is at risk. Additionally, the attorney in fact is granted priority over others in making health care decisions, but only after the principal has been deemed incapable of making such decisions.

The bill also stipulates that the attorney in fact is not personally responsible for the costs of health care provided to the principal and retains the same rights as the principal to access medical information, provided that such access does not waive any evidentiary privilege. Furthermore, it establishes that if a principal objects to a determination of incapacity or a health care decision made by the attorney in fact, the principal's objection will take precedence unless a county court determines otherwise. Lastly, health care providers are not obligated to accept decisions from an attorney in fact until they have received a signed original or a copy of the power of attorney for health care. The original section 30-3417 is repealed as part of this legislative update.

Statutes affected:
Introduced: 30-3417