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 principals. Key changes include clarifying that an attorney in fact cannot consent to actions that the principal is legally unable to consent to, nor can they make decisions that would result in the death of the principal's unborn child unless the principal's life is at risk as determined by their treating physician. Additionally, the bill specifies that the attorney in fact has priority over others in making health care decisions but must wait until the principal is deemed incapable of making such decisions.

The bill also outlines the rights of the attorney in fact to access medical information and records, while ensuring that their authority is limited by the power of attorney for health care. Importantly, it states that if a principal objects to a determination of incapacity or a health care decision made by the attorney in fact, the principal's wishes will prevail unless a county court determines otherwise. Finally, the bill mandates that health care providers must receive a signed original or a copy of the power of attorney before accepting decisions from the attorney in fact. The original section 30-3417 is repealed as part of this legislative update.

Statutes affected:
Introduced: 30-3417