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Law

NE Legislative Bill 247

Notary Law Update: NE Legislative Bill 247

State: Nebraska

Summary:

Legislative Bill 247 allows individuals to create an advance mental health care directive that must be signed before a Notary or two witnesses.

Signed:  August 11, 2020

Effective:  November 13, 2020

Chapter: TBD

Affects:
Adds as yet uncodified sections to the Nebraska Revised Statutes.Changes:
  1. Requires a mental healthcare power of attorney to be signed before a Notary or, in the alternative, before two witnesses.
  2. Contains a statutory mental healthcare power of attorney form.
  3. Requires the Notary who performs the notarization to certify that the individual signing the mental health care power of attorney appears in sound mind and not under duress or undue influence, and that the individual acknowledges the execution of the same to be such person's voluntary act and deed.
  4. Requires the Notary who performs the notarization to certify that the Notary is not the attorney in fact of the principal designated by any power of attorney for health care.
Analysis:

The main purposes of LB 247 as stated in the bill are two: First, it will facilitate advance planning to help prevent unnecessary involuntary commitment and incarceration, improve patient safety and health, improve mental health care, and enable an individual to exercise control over such individual's mental health treatment. Second it will protect patient safety, autonomy, and health by allowing an individual to create an advance mental health care directive to instruct and direct the individual's mental health care. With respect to the advance mental health care directive, the bill requires the directive to be signed before a Notary or in the presence of two witnesses. A statutory directive form that includes a section for notarization is found in the bill. The Notary performing the notarization must certify that the Notary is not the attorney in fact of the person signing the power of attorney, that the individual appears to be of sound mind, not under duress or undue influence, and that the individual acknowledges signing the power of attorney is the individual’s voluntary act and deed.

Read the bill text.

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