LB1036 LB1036
2020 2020
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1036
Introduced by Morfeld, 46.
Read first time January 16, 2020
Committee: Judiciary
1 A BILL FOR AN ACT relating to the age of majority; to amend section
2 43-2101, Revised Statutes Supplement, 2019; to allow persons
3 eighteen years of age and older to make health care decisions as
4 prescribed; to allow persons under nineteen years of age who are
5 committed to the Department of Correctional Services to consent to
6 mental health services, medical care, and related services as
7 prescribed; and to repeal the original section.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 43-2101, Revised Statutes Supplement, 2019, is
2 amended to read:
3 43-2101 (1) All persons under nineteen years of age are declared to
4 be minors, but in case any person marries under the age of nineteen
5 years, his or her minority ends.
6 (2) Upon becoming the age of majority, a person is considered an
7 adult and acquires all rights and responsibilities granted or imposed by
8 statute or common law, except that a person:
9 (a) Eighteen years of age or older and who is not a ward of the
10 state may:
11 (i) Enter into a binding contract or lease of whatever kind or
12 nature and shall be legally responsible for such contract or lease,
13 including legal responsibility to third parties;
14 (ii) Execute, sign, authorize, or otherwise authenticate (A) an
15 effective financing statement, (B) a promissory note or other instrument
16 evidencing an obligation to repay, or (C) a mortgage, trust deed,
17 security agreement, financing statement, or other security instrument to
18 grant a lien or security interest in real or personal property or
19 fixtures, and shall be legally responsible for such document, including
20 legal responsibility to third parties; and
21 (iii) Acquire or convey title to real property and shall have legal
22 responsibility for such acquisition or conveyance, including legal
23 responsibility to third parties; and
24 (b) Eighteen years of age or older may consent to mental health
25 services for himself or herself without the consent of his or her parent
26 or guardian; .
27 (c) Eighteen years of age or older may make health care decisions
28 for himself or herself without the consent of his or her parent or
29 guardian; and
30 (d) Under nineteen years of age and who is committed to the
31 Department of Correctional Services for secure care may consent to, and
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1 make decisions regarding, such person's medical care, mental health
2 services, and related services during the period of the person's
3 commitment to the department without the consent of such person's parent
4 or guardian.
5 Sec. 2. Original section 43-2101, Revised Statutes Supplement,
6 2019, is repealed.
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Statutes affected:
Introduced: 43-2101