Nebraska's power of attorney for health care lets someone you name make medical decisions when you cannot. Execution is a choice — two adult witnesses, or a notary — and the disqualification list at Neb. Rev. Stat. 30-3405 is long enough that finding two qualified witnesses takes planning.
Pick one execution route
Neb. Rev. Stat. 30-3404 accepts either at least two adult witnesses, each of whom witnesses your signing and dating or your acknowledgment of the signature and date, or acknowledgment before a notary public.
If you use the notary, the notary may not be your attorney in fact or a successor attorney in fact.
Who cannot witness
Neb. Rev. Stat. 30-3405 disqualifies a long list.
- Your spouse, parent, child, grandchild, sibling, or presumptive heir.
- Anyone you know to be named in your will at the time of the witnessing.
- Your attending physician.
- Your attorney in fact under this document.
- An employee of a life or health insurance provider for you.
The rule that is a count, not a category
No more than ONE of your two witnesses may be an administrator or employee of a health care provider caring for or treating you. Two such witnesses is a defect even if each one is otherwise perfectly qualified.
This is the rule most likely to be missed, because everything else on the list is about who a person is rather than how many of them there are.
Practical planning
Most people sign this alongside a will and a financial power of attorney. Nebraska's health care witnesses are disqualified by relationships that will not disqualify a will witness, so plan the guest list for the health care document first and work backwards.
Frequently Asked Questions
Witnesses or notary — which should I use?
Neither is legally stronger. A notary is one appointment; two witnesses means finding two qualified people free at the same time. Given Nebraska's disqualification list, many people find the notary easier.
Can my daughter witness the document?
No. Neb. Rev. Stat. 30-3405 disqualifies your child, along with your spouse, parents, grandchildren, siblings, and presumptive heirs.
Two nurses from my clinic — can they both witness?
No. No more than one witness may be an administrator or employee of a health care provider caring for or treating you.
Can the notary be my agent?
No. If you use the notary route, the notary may not be your attorney in fact or a successor.