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2021 Nebraska Revised Statutes
Chapter 30 - Decedents' Estates; Protection of Persons and Property
30-4411 - Principal who has capacity; contemporaneous preferences; effect; conflicting documents; which controls.
Universal Citation: NE Code § 30-4411 (2021)
30-4411. Principal who has capacity; contemporaneous preferences; effect; conflicting documents; which controls.
(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.
Source
- Laws 2020, LB247, ยง 11.
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