(1) When the authority conferred on a surrogate under the Health Care Surrogacy Act has commenced, the surrogate, subject to any individual instructions, shall make health care decisions on the individual's behalf, except that the surrogate shall not have authority (a) to consent to any act or omission to which the individual could not consent under law, (b) to make any decision when the individual is known to be pregnant that will result in the death of the individual's unborn child if it is probable that the unborn child will develop to the point of live birth with continued application of health care, or (c) to make decisions regarding withholding or withdrawing a life-sustaining procedure or withholding or withdrawing artificially administered nutrition or hydration except as provided under section 30-610.
(2) If no agent or guardian has been appointed for the individual, the surrogate shall have priority over any person other than the individual to act for the individual in all health care decisions, except that the surrogate shall not have the authority to make any health care decision unless and until the individual has been determined to be incapable of making health care decisions pursuant to section 30-606.
(3) A person who would not otherwise be personally responsible for the cost of health care provided to the individual shall not become personally responsible for such cost because he or she has acted as the individual's surrogate.
(4) Except to the extent that the right is limited by the individual, a surrogate shall have the same right as the individual to receive information regarding the proposed health care, to receive and review medical and clinical records, and to consent to the disclosures of such records, except that the right to access such records shall not be a waiver of any evidentiary privilege.
(5) Notwithstanding a determination pursuant to section 30-606 that the individual is incapable of making health care decisions, when the individual objects to the determination or to a health care decision made by a surrogate, the individual's objection or decision shall prevail unless the individual is determined by a county court to be incapable of making health care decisions.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1934–2021 · leading case:
In re Cluck's Est., 95 N.W.2d 161 (Neb. 1959).
In re Cluck's Est., 95 N.W.2d 161 (Neb. 1959).
· cites it 4× “” Further, section 30-609, R. R. S. 1943, provides in part that: “Every person having a claim ordémand ágains't the estate of a deceased person who shall not after the giving of notice as required in section 30-601 exhibit his claim or demand to the judge within the time limited…”
In re Est. of Loder, 953 N.W.2d 541 (Neb. 2021).
· cites it 2× “13 However, creditors could request an extension from the court to submit their untimely claim for “good cause.”
Bratt v. Wishart, 287 N.W. 769 (Neb. 1939).
· cites it 2× “The defendants contend that the judgment of the county court rejecting the claim against the estate was supported by the same evidence that had been produced in the equity case, and that section 30-609, Comp.”
In re McCleery's Est., 76 N.W.2d 459 (Neb. 1956).
· cites it 2× “” In this respect section 30-609, R. R. S. 1943, provides in part: “Every person having a claim or demand against the estate of a deceased person who shall not after the giving of notice as required in section 30-601 exhibit his claim or demand to the judge within the time…”
In re Est. of Masopust, 443 N.W.2d 274 (Neb. 1989).
· cites it 2× “813 , this court concluded •that what is now section 30-609, R.R.S. 1943, was a statute of nonclaim, and held that: “An administrator can not waive the defen’se'Of non-claim to the prejudice of his estate, either by agreement with the claimant or by neglecting to plead such…”
Workman v. Workman, 118 N.W.2d 764 (Neb. 1962).
“§ 30-609, R. R. S. 1943. No action could have been maintained in the county court to fasten a lien on the decedent’s real property as our Constitution gives that court no jurisdiction over the title to real estate.”
Benson & Garrett Co. v. Morton, 275 N.W. 273 (Neb. 1937).
· cites it 4× “’ ” It is the contention of counsel for appellants that the judgment not having been presented to the county court as a claim against the estate until the 29th day of January, *335 1936, was barred under sections 30-609, 30-701, 30-702 and 30-704, Comp.”
SMS Trucking Co. v. Midland Vet, Inc., 185 N.W.2d 667 (Neb. 1971).
· cites it 2× “Under section 30-609, R. R. S. 1943, if a person having a claim against a deceased person’s estate does not exhibit his claim to the probate court within the time set by the court for that purpose, he is forever barred from recovering on the claim.”
Williams v. Hawkeye-Sec. Ins., 428 F. Supp. 976 (D. Neb. 1977).
· cites it 2× “Section 30-609 provided in part: Every person having a claim or demand against the estate of a deceased person who shall not after the giving of notice as required in Section 30-601 exhibit his claim or demand to the judge within the time limited by the court for that purpose,…”
Com. Trust Co. v. Est. of Tucker, 258 N.W. 645 (Neb. 1935).
· cites it 2× “” Section 30-609: “Every person having a claim or demand against the estate of a deceased person whether due or to become due, whether absolute or contingent, who shall not after the giving notice as required in this chapter exhibit his claim or demand to the judge within the…”
Luikart v. Quinn, 294 N.W. 422 (Neb. 1940).
· cites it 8× “The following sections of the probate code are necessary for consideration in determining this case: Section 30-609, Comp. St. 1929, under article 6, entitled “Allowance and Payment of Claims,” provides as follows: “Every person having a claim or demand against the estate of a…”
Luikart v. Wilson, 254 N.W. 717 (Neb. 1934).
· cites it 8× “In 1901 the legislature of Nebraska amended the non-claim statute and it now appears as section 30-609, Comp. St. 1929, and, in so far as it is material to this action, reads: “Every person having a claim or demand against the estate of a deceased person whether due or to become…”
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