Estate planning isn’t just about passing down assets—it’s about protecting your wishes, your health, and your peace of mind. At Lee Law Office, we help you put essential documents in place so the people you trust can step in when it matters most. These legal tools aren’t just for later in life—they’re important for everyone, no matter your age, marital status, or whether you have children.
Let’s walk through the key healthcare and emergency documents you should have in your estate plan—and how they help protect you in life’s unpredictable moments.
Durable Power of Attorney for Healthcare
If you become unable to speak for yourself, who do you want making medical decisions on your behalf?
A Durable Power of Attorney for Healthcare lets you appoint someone you trust—your healthcare agent—to make those calls based on your preferences. This document gives them clear instructions on things like life-sustaining treatments, pain management, and long-term care decisions. It’s your voice, even when you can’t speak.
Having this document in place now can prevent confusion and stress for your family later. It’s a powerful way to stay in control of your care.
What Happens If You Don’t Have One?
Without a healthcare power of attorney, Nebraska law creates a default list of decision-makers:
- A court-appointed guardian or conservator
- Your spouse or domestic partner
- An adult child
- An adult sibling
- A close friend
- Your nearest living relative
While these people may care deeply about you, they may not fully understand your wishes. Why leave it to chance?
What Can a Healthcare Agent Decide?
The person you appoint can make decisions such as:
- Which treatments or medications you do—or don’t—want
- Whether you should be admitted or discharged from a hospital or care facility
- Who gets access to your medical records
Keep in mind, they only step in if you’re unable to make decisions yourself—and they’re legally required to follow the wishes you’ve outlined.
Need to Make a Change?
Yes, you can absolutely update your healthcare power of attorney. If your preferences change—or if your chosen agent is no longer the right fit—we’ll help you draft a new document. Just remember to revoke and destroy the old one and inform everyone involved of the change.
What If It’s an Emergency?
Some situations may not allow time to draft a full legal document. Nebraska does recognize emergency verbal directives if you’re of sound mind and can clearly communicate your wishes to a doctor in front of a witness. Still, this is a short-term fix—it’s always better to have written plans in place ahead of time.
Don’t Forget the HIPAA Release
Under HIPAA laws, doctors can’t legally share your medical information with anyone—not even your spouse or children—without written permission. That’s why we include a HIPAA release as part of your estate plan. It authorizes your agent and any named loved ones to talk directly with your medical team and make informed decisions on your behalf.
Let’s Put Your Plan in Place
It’s never too early to get these protections in place—but it can be too late. If you wait until someone is no longer of sound mind, these decisions can fall into the hands of courts or default rules.
Call Lee Law Office today at (402) 934-4409 or contact us online to schedule a consultation. We’ll help you build a plan that reflects your values, protects your well-being, and gives your family clarity when they need it most.
