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 cannot 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 bill specifies that the attorney in fact must have priority over others in making health care decisions, but only after the principal has been deemed incapable of making such decisions.
The bill also emphasizes that the attorney in fact is not personally responsible for the costs of health care provided to the principal and grants them the same rights as the principal to access medical information, with certain limitations. 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. Finally, the bill requires health care providers to 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 The original section 30-3417 is repealed as part of this legislative update.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