Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3418 (2026)

Attorney in fact; consult with medical personnel; authority; limitations

✓ current as of July 2026

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(1) In exercising authority under the power of attorney for health care, an attorney in fact shall have a duty to consult with medical personnel, including the attending physician, and thereupon to make health care decisions (a) in accordance with the principal's wishes as expressed in the power of attorney for health care or as otherwise made known to the attorney in fact or (b) if the principal's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the principal's best interests, with due regard for the principal's religious and moral beliefs if known.

(2) Notwithstanding subdivision (1)(b) of this section, the attorney in fact shall not have the authority to consent to the withholding or withdrawing of a life-sustaining procedure or artificially administered nutrition or hydration unless (a) the principal is suffering from a terminal condition or is in a persistent vegetative state and (b) the power of attorney for health care explicitly grants such authority to the attorney in fact or the intent of the principal to have life-sustaining procedures or artificially administered nutrition or hydration withheld or withdrawn under such circumstances is established by clear and convincing evidence.

(3) In exercising any decision, the attorney in fact shall have no authority to withhold or withdraw consent to routine care necessary to maintain patient comfort or the usual and typical provision of nutrition and hydration.

Notes of Decisions

Cited in 2 cases, 2014–2015 · leading case: In re Trust Created by Nabity (Neb. 2014).

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In re Trust Created by Nabity (Neb. 2014). · cites it 3× “Neb. Rev. Stat. § 30-3418 (1) (Reissue 2008) provides that an attorney in fact shall have a duty .”

In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015). “§ 30-3418(1). [3,4] By comparison, a court may appoint a guardian under Neb.”

— Neb. Rev. Stat. § 30-3418(1) — 2 cases

In re Trust Created by Nabity (Neb. 2014). “Neb. Rev. Stat. § 30-3418 (1) (Reissue 2008) provides that an attorney in fact shall have a duty .”

In re Guardianship & Conservatorship of Mueller (Neb. Ct. App. 2015). “§ 30-3418(1). [3,4] By comparison, a court may appoint a guardian under Neb.”

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