Nebraska Statutes 30-3405. Witness; disqualification; declaration
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(1)(a) The following shall not qualify to witness a power of attorney for health care: Any person who at the time of witnessing is the principal’s spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, attending physician, mental health treatment team member, romantic or dating partner, or attorney in fact; or an employee of a life or health insurance provider for the principal.
Terms Used In Nebraska Statutes 30-3405
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(b) No more than one witness may be an administrator or employee of a health care provider who is caring for or treating the principal.
(2) Each witness shall make the written declaration in substantially the form prescribed in section 30-3408.