# Nebraska's Power of Attorney for Health Care

Source: https://legacylegalai.com/guides/nebraska-health-care-power-of-attorney-guide

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.

**Self-help and legal-information notice:** Legacy Legal AI is not a law firm and does not provide legal advice. This article provides general information about Nebraska law, not advice for your situation, and is not a substitute for the advice or services of a licensed Nebraska attorney.

## 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.