Nebraska Living Will Requirements
Based on Neb. Rev. Stat. §20-401 to 20-416 (Rights of the Terminally Ill Act)
Quick Summary
- Document type: Declaration Relating to Use of Life-Sustaining Treatment
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Nebraska requires 2 witnesses who are present when you sign your declaration relating to use of life-sustaining treatment. Witnesses have the following restrictions:
Witness restrictions:
- No more than one witness may be an administrator or employee of a health care provider who is caring for or treating the declarant
- No witness may be an employee of a life or health insurance provider for the declarant
- These witness restrictions do not apply if a notary public is used instead of witnesses
When Your Living Will Takes Effect
Your Nebraska living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.
Persistent Vegetative State
A persistent vegetative state is a medical condition characterized by a total and irreversible loss of consciousness and capacity for cognitive interaction with the environment and no reasonable hope of improvement.
Irreversible Condition
An irreversible condition is a condition that cannot be reversed or cured and that, without the administration of life-sustaining treatment, will result in death within a relatively short time or a state of permanent unconsciousness from which there can be no recovery.
Important Notes for Nebraska
- Nebraska follows the Rights of the Terminally Ill Act (Neb. Rev. Stat. §20-401 to 20-416)
- The declaration must be signed by the declarant or another person at the declarant's direction and witnessed by two adults or a notary public
- A notary public may be used as an alternative to two witnesses
- "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or maintain the qualified patient in a persistent vegetative state
- A "qualified patient" is an adult who has executed a declaration and has been determined by the attending physician to be in a terminal condition or persistent vegetative state
- The statutory form directs: "If I should lapse into a persistent vegetative state or have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to the Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain"
- A declaration may be revoked at any time by the declarant without regard to mental state or competency
- Declarations from other jurisdictions that comply with Nebraska law are recognized in Nebraska
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.