Nebraska Statutes

§ 30-4411 — Principal who has capacity; contemporaneous preferences; effect; conflicting documents; which controls

Nebraska·Ch. 30 Decedents' Estates; Protection of Persons and Property
(1)Despite activation, an advance mental health care directive, including an irrevocable directive, shall not prevail over contemporaneous preferences expressed by a principal who has capacity.
(2)If an individual has a power of attorney for health care and an advance mental health care directive and there is any conflict between the two documents, the advance mental health care directive controls with regard to any mental health care instructions or preferences.

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Legislative History

Source: Laws 2020, LB247, § 11.

Nearby Sections

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