Nebraska Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Nebraska who cannot decide: an agent, a guardian, or Nebraska's default surrogate order. Runs in your browser; nothing is stored.

Nebraska law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Nebraska

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Nebraska's default surrogate order

  1. A person the patient named by telling the primary health care provider
  2. Spouse (Not if legally separated or a divorce, annulment or separation is pending)
  3. An adult or emancipated child
  4. A parent
  5. An adult or emancipated brother or sister
  6. A person who has shown special care and concern and knows the patient's values (The statute makes this person eligible but does not give a rank; shown last here)
What it covers
A surrogate may make health care decisions for an adult the primary health care provider has found incapable, when no agent or guardian has been appointed. Life-sustaining withdrawal has extra limits.
If more than one person is in the same group
Members of the same class may act together if they agree and sign a dated written attestation. If they cannot reach consensus after conferring, they are treated as disqualified.
If nobody on the list is available
If no one is reasonably available, the primary health care provider may act or decline to act in line with the patient's values and best interests.
Who decides the person cannot decide
The primary health care provider, and any physician consulted, must find incapacity in writing.
Limits
  • A surrogate cannot decide to withhold or withdraw life-sustaining treatment or artificial nutrition and hydration except as section 30-610 allows.
  • Under 30-610, withdrawal of life support also requires that the patient explicitly gave the surrogate that authority, shown by clear and convincing evidence.
  • The patient's own objection prevails unless a county court finds the patient incapable.
  • A provider may disqualify an otherwise eligible person on clear and convincing evidence of an abusive relationship.
  • An owner, operator or employee of the health care facility cannot serve unless related by blood, marriage or adoption.
  • Acting as surrogate does not make the person responsible for the cost of care.
  • Surrogate authority ends if, among other things, the patient is transferred to another health care facility.

Source: Neb. Rev. Stat. 30-604 · Checked October 26, 2026

Narrower laws in this state

  • Neb. Rev. Stat. 30-3414: An order for an attorney in fact to notify relatives when the principal becomes incapable. It is not a consent ranking.

Next steps

Who decides in Nebraska without a power of attorney?

Nebraska's default surrogate law (Neb. Rev. Stat. 30-604) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: A person the patient named by telling the primary health care provider; the first relative listed is: Spouse.

Nebraska's default surrogate law in full

Nebraska's default surrogate order

  1. A person the patient named by telling the primary health care provider
  2. Spouse (Not if legally separated or a divorce, annulment or separation is pending)
  3. An adult or emancipated child
  4. A parent
  5. An adult or emancipated brother or sister
  6. A person who has shown special care and concern and knows the patient's values (The statute makes this person eligible but does not give a rank; shown last here)
What it covers
A surrogate may make health care decisions for an adult the primary health care provider has found incapable, when no agent or guardian has been appointed. Life-sustaining withdrawal has extra limits.
If more than one person is in the same group
Members of the same class may act together if they agree and sign a dated written attestation. If they cannot reach consensus after conferring, they are treated as disqualified.
If nobody on the list is available
If no one is reasonably available, the primary health care provider may act or decline to act in line with the patient's values and best interests.
Who decides the person cannot decide
The primary health care provider, and any physician consulted, must find incapacity in writing.
Limits
  • A surrogate cannot decide to withhold or withdraw life-sustaining treatment or artificial nutrition and hydration except as section 30-610 allows.
  • Under 30-610, withdrawal of life support also requires that the patient explicitly gave the surrogate that authority, shown by clear and convincing evidence.
  • The patient's own objection prevails unless a county court finds the patient incapable.
  • A provider may disqualify an otherwise eligible person on clear and convincing evidence of an abusive relationship.
  • An owner, operator or employee of the health care facility cannot serve unless related by blood, marriage or adoption.
  • Acting as surrogate does not make the person responsible for the cost of care.
  • Surrogate authority ends if, among other things, the patient is transferred to another health care facility.

Source: Neb. Rev. Stat. 30-604 · Checked October 26, 2026

Narrower laws in this state

  • Neb. Rev. Stat. 30-3414: An order for an attorney in fact to notify relatives when the principal becomes incapable. It is not a consent ranking.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Nebraska if there is no power of attorney?

Nebraska's default surrogate law (Neb. Rev. Stat. 30-604) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: A person the patient named by telling the primary health care provider; the first relative listed is: Spouse. The full order, tie rule and limits are in Neb. Rev. Stat. 30-604.

Does next of kin in Nebraska have authority over money?

No default surrogate law covers money. In Nebraska, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Nebraska law checked against the official text on October 26, 2026.

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