Free Nebraska Advance Directive & Living Will
Build a complete Nebraska advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with Nebraska's correct signing requirements.
A free directive — not legal or medical advice.
This builds a Nebraska advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as Nebraska requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in Nebraska, your agent cannot be The attorney-in-fact (health care agent) may not be the principal's attending physician, an employee of the attending physician, or an owner/operator/employee of a health care facility in which the principal is a patient or resident — UNLESS that person is related to the principal by blood, marriage, or adoption (§ 30-3406).
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Note: Nebraska law may suspend these wishes during pregnancy.
Other wishes (optional)
Before you sign — Nebraska notes
This directive has NO legal effect until you sign it. To make it valid in Nebraska: Sign the Power of Attorney for Health Care and/or living-will declaration and EITHER have two qualified witnesses sign OR acknowledge before a notary. Nebraska's witness-disqualification list is strict (no relatives, heirs, devisees, the agent, the attending physician; at least one witness independent of the treating provider). A viable pregnancy suspends withdrawal of life-sustaining treatment.
Witness rules: a witness must NOT be Power of Attorney for Health Care (§ 30-3404): must be EITHER witnessed by two qualified adults OR acknowledged before a notary public (the notary may not be the attorney-in-fact/successor). A witness may NOT be: the attorney-in-fact or any alternate; the principal's spouse, parent, child, grandchild, sibling, presumptive heir, or known devisee; the attending physician; and at least ONE witness must not be an administrator or employee of a health care provider caring for/treating the principal. Living-will declaration (§ 20-404/§ 20-403): signed and witnessed by two adults OR a notary; no more than one witness may be an administrator/employee of a treating provider, and no witness may be an employee of the declarant's life/health insurer.
Your agent cannot be The attorney-in-fact (health care agent) may not be the principal's attending physician, an employee of the attending physician, or an owner/operator/employee of a health care facility in which the principal is a patient or resident — UNLESS that person is related to the principal by blood, marriage, or adoption (§ 30-3406).
Nebraska lets you use EITHER 2 witnesses OR a notary — you do not need both.
Pregnancy: Nebraska law may suspend your living-will instructions while you are pregnant. Living will (§ 20-408) and POA for health care (§ 30-3417): the agent has NO authority to direct withdrawal/withholding of life-sustaining treatment (or artificial nutrition/hydration) when the principal is known to be pregnant if it is probable the unborn child will develop to the point of live birth with continued care. A directive is suspended during a viable pregnancy.
Nebraska also publishes an official statutory directive form (Neb. Rev. Stat. § 30-3408 (statutory form Power of Attorney for Health Care); § 20-404 (form of declaration / living will)); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], Nebraska, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
Note about pregnancy: under Nebraska law, this living-will instruction may be limited or suspended if I am pregnant. Living will (§ 20-408) and POA for health care (§ 30-3417): the agent has NO authority to direct withdrawal/withholding of life-sustaining treatment (or artificial nutrition/hydration) when the principal is known to be pregnant if it is probable the unborn child will develop to the point of live birth with continued care. A directive is suspended during a viable pregnancy.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of Nebraska and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], Nebraska.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
(Alternatively, Nebraska lets you have this directive notarized instead of witnessed — sign the notary block below OR use the witnesses above.)
STATE OF __________, COUNTY OF __________. Subscribed and sworn before me on __________.
____________________________________ Notary Public
How to Sign Your Advance Directive in Nebraska
Sign the Power of Attorney for Health Care and/or living-will declaration and EITHER have two qualified witnesses sign OR acknowledge before a notary. Nebraska's witness-disqualification list is strict (no relatives, heirs, devisees, the agent, the attending physician; at least one witness independent of the treating provider). A viable pregnancy suspends withdrawal of life-sustaining treatment.
Nebraska requires 2 witnesses or a notary. You can choose whichever is easier — you do not need both. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your Nebraska directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in Nebraska
Your agent: In Nebraska, your health care agent cannot be The attorney-in-fact (health care agent) may not be the principal's attending physician, an employee of the attending physician, or an owner/operator/employee of a health care facility in which the principal is a patient or resident — UNLESS that person is related to the principal by blood, marriage, or adoption (§ 30-3406). Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In Nebraska, a witness must NOT be Power of Attorney for Health Care (§ 30-3404): must be EITHER witnessed by two qualified adults OR acknowledged before a notary public (the notary may not be the attorney-in-fact/successor). A witness may NOT be: the attorney-in-fact or any alternate; the principal's spouse, parent, child, grandchild, sibling, presumptive heir, or known devisee; the attending physician; and at least ONE witness must not be an administrator or employee of a health care provider caring for/treating the principal. Living-will declaration (§ 20-404/§ 20-403): signed and witnessed by two adults OR a notary; no more than one witness may be an administrator/employee of a treating provider, and no witness may be an employee of the declarant's life/health insurer.. Pick neutral adults.
The Pregnancy Rule in Nebraska
Living will (§ 20-408) and POA for health care (§ 30-3417): the agent has NO authority to direct withdrawal/withholding of life-sustaining treatment (or artificial nutrition/hydration) when the principal is known to be pregnant if it is probable the unborn child will develop to the point of live birth with continued care. A directive is suspended during a viable pregnancy. This is a real and sometimes controversial limit; if it matters to you, discuss it with your doctor and consider adding specific instructions, and talk to an attorney about your options.
Who Decides If You Have No Directive in Nebraska?
If you have not named a health care agent, Nebraska law decides who speaks for you: If no directive/agent/guardian, Neb. Rev. Stat. § 30-3417/§ 30-604 (surrogate consent) — a surrogate from the patient's family in priority order acts. Hierarchy generally: spouse > adult child(ren) > parent(s) > adult sibling(s) > nearest reasonably available adult relative/close friend. Confirm exact ordering in § 30-604. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in Nebraska?
Yes, if you sign it correctly. Nebraska requires 2 witnesses or a notary. The document this tool creates is a standard power of attorney for health care (neb. rev. stat. ch. 30) + declaration under the rights of the terminally ill act (living will, ch. 20); commonly combined as an "advance directive"; it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in Nebraska?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one Nebraska directive.
Does my Nebraska directive need to be notarized?
Not necessarily — Nebraska lets you use either 2 witnesses or a notary.
Who can witness my advance directive in Nebraska?
Adults who are not Power of Attorney for Health Care (§ 30-3404): must be EITHER witnessed by two qualified adults OR acknowledged before a notary public (the notary may not be the attorney-in-fact/successor). A witness may NOT be: the attorney-in-fact or any alternate; the principal's spouse, parent, child, grandchild, sibling, presumptive heir, or known devisee; the attending physician; and at least ONE witness must not be an administrator or employee of a health care provider caring for/treating the principal. Living-will declaration (§ 20-404/§ 20-403): signed and witnessed by two adults OR a notary; no more than one witness may be an administrator/employee of a treating provider, and no witness may be an employee of the declarant's life/health insurer..
What happens if I don't have an advance directive in Nebraska?
Nebraska decides who makes your medical decisions: If no directive/agent/guardian, Neb. Rev. Stat. § 30-3417/§ 30-604 (surrogate consent) — a surrogate from the patient's family in priority order acts. Hierarchy generally: spouse > adult child(ren) > parent(s) > adult sibling(s) > nearest reasonably available adult relative/close friend. Confirm exact ordering in § 30-604.
Does pregnancy affect my living will in Nebraska?
Yes. Living will (§ 20-408) and POA for health care (§ 30-3417): the agent has NO authority to direct withdrawal/withholding of life-sustaining treatment (or artificial nutrition/hydration) when the principal is known to be pregnant if it is probable the unborn child will develop to the point of live birth with continued care. A directive is suspended during a viable pregnancy. Discuss this with your doctor and an attorney if it concerns you.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the Nebraska requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a Nebraska estate-planning attorney. RecordingLaw.com is not a law firm.
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