Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-615 Individual's rights.
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The existence of a surrogate for an individual under the Health Care Surrogacy Act does not waive the right of the individual to routine hygiene, nursing, and comfort care and the usual and typical provision of nutrition and hydration.
Neb. Rev. Stat. § 30-616 Health care provider; exercise medical judgment.
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In following the decision of a surrogate, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decision of the individual if the individual were not incapable.
Neb. Rev. Stat. § 30-617 Health care facility; rights; health care provider; rights.
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(1) Nothing in the Health Care Surrogacy Act obligates a health care facility to honor a health care decision by a surrogate that the health care facility would not honor if the decision had been made by the individual because the decision is contrary to a formally adopted policy…
Neb. Rev. Stat. § 30-618 Attempted suicide; how construed.
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For purposes of making health care decisions, an attempted suicide by an individual shall not be construed as any indication of his or her wishes with regard to health care.
Neb. Rev. Stat. § 30-619 Prohibited acts; penalties.
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(1) It shall be a Class II felony for a person to willfully conceal or destroy evidence of any person’s disqualification as a surrogate under the Health Care Surrogacy Act with the intent and effect of causing the withholding or withdrawing of life-sustaining procedures or artifi…
Neb. Rev. Stat. § 30-701 Terms, defined.
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For purposes of sections 30-701 to 30-713: (1) Adult child means an individual who is at least nineteen years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological parent of the adult chil…
Neb. Rev. Stat. § 30-702 Legislative intent.
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It is the intent of the Legislature that, in order to allow family member petitioners to remain connected, a caregiver may not arbitrarily deny visitation to a family member petitioner of a resident, whether or not the caregiver is related to such family member petitioner, unless…
Neb. Rev. Stat. § 30-703 Petition to compel visitation; court findings; factors.
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(1) If a family member petitioner is being denied visitation with a resident, the family member petitioner may petition the county court to compel visitation with the resident. If a guardian has been appointed for the resident under the jurisdiction of a county court, the petitio…
Neb. Rev. Stat. § 30-704 Emergency hearing; temporary orders.
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If the petition filed pursuant to section 30-703 states that the resident's health is in significant decline or that the resident's death may be imminent, the court shall conduct an emergency hearing on the petition as soon as practicable and in no case later than ten days after …
Neb. Rev. Stat. § 30-705 Costs and attorney's fees; remedies.
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(1) Upon a motion by a party or upon the court's own motion, if the court finds during a hearing pursuant to section 30-704 that a person is knowingly isolating the resident from visitation by a family member petitioner, the court may order such person to pay court costs and reas…
Neb. Rev. Stat. § 30-706 Petition; contents; confidential; stay; when.
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(1) Any action under sections 30-701 to 30-713 shall be commenced by filing in the county court a verified petition described in section 30-703. The family member petitioner shall include, if reasonably ascertainable under oath, the places where the resident has resided and the n…
Neb. Rev. Stat. § 30-707 Simultaneous proceedings; how treated.
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Any proceeding involving a guardianship, conservatorship, power of attorney for health care decisions, or power of attorney granted by the resident may continue in the trial court while an appeal is pending from an order granted under sections 30-701 to 30-713.
Neb. Rev. Stat. § 30-708 Appointment of guardian ad litem or visitor.
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At any point in a proceeding under sections 30-701 to 30-713, the court may appoint a guardian ad litem or a visitor.
Neb. Rev. Stat. § 30-709 Jurisdiction; venue; court rules; notice; appeal; retention of jurisdiction.
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(1) Jurisdiction under sections 30-701 to 30-713 applies to any resident who is in this state or for whom the provisions of the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act vests authority over such resident in the courts of this state in a guar…
Neb. Rev. Stat. § 30-710 Order; appeal.
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Any order that is not intended as interlocutory or temporary under sections 30-701 to 30-713 shall be a final, appealable order. Such order may be appealed to the Court of Appeals in the same manner as an appeal from the district court directly to the Court of Appeals. The Court …
Neb. Rev. Stat. § 30-711 Court; examine evidence; issue discovery orders.
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In a proceeding under sections 30-701 to 30-713, the court may examine any medical evidence in camera or issue any protective discovery orders needed to comply with the provisions of the federal Health Insurance Portability and Accountability Act of 1996, any regulations promulga…
Neb. Rev. Stat. § 30-712 Visitation schedule; civil contempt; remedies.
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If the court enters a visitation order in a proceeding under sections 30-701 to 30-713, it may set out a visitation schedule including the time, place, and manner of visitation. Failure to comply with the order may be the subject of a civil contempt proceeding and may be subject …
Neb. Rev. Stat. § 30-713 Burden of proof.
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In a proceeding under sections 30-701 to 30-712, the burden of proof is upon the family member petitioner to establish his or her case by a preponderance of the evidence.
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-809 Wrongful death; action authorized.
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(1) Whenever the death of a person, including an unborn child in utero at any stage of gestation, is caused by the wrongful act, neglect, or default of any person, company, or corporation, and the act, neglect, or default is such as would, if death had not ensued, have entitled t…
Neb. Rev. Stat. § 30-810 Action for wrongful death; limitation; in whose name brought; judgment; disposition of avails; compromise of claim; procedure.
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Every such action, as described in section 30-809, shall be commenced within two years after the death of such person. It shall be brought by and in the name of the person's personal representative for the exclusive benefit of the widow or widower and next of kin. The verdict or …
Neb. Rev. Stat. § 30-901 Copersonal representatives, cotrustees, coguardians, or coconservators; authority to act.
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On and after January 1, 2020, in any case in which copersonal representatives, cotrustees, coguardians, or coconservators have been appointed, unless specifically restricted in a will, a trust, or an order of appointment, such copersonal representatives, cotrustees, coguardians, …