Presumption of capacity and capacity determinations bill dies
In 2026, the Nebraska legislature introduced LB 66,which would have enacted a law to provide that an individual is presumed to have capacity to make or revoke a health-care decision, health-care instruction, and power of attorney for health care.
This presumption could be rebutted through certain processes delineated in the statute. An individual whose capacity is at issue, a responsible health-care professional, the health-care institution, or any person interested in the individual’s welfare may petition the county court for a determination as to the person’s capacity to make health care decisions. In such matters, the court would have been required to appoint legal counsel to represent the individual if they were unrepresented.
Bill Status: Dead
Last action (on 04/17/2026): Indefinitely postponed
