Developments in Physician-Aided Dying Since Oregon adopted its “Death with Dignity Act” 20 years ago, four other states have followed with similar laws or court action: Washington, Vermont, Montana and California. Last year, legislatures in about two dozen states, including Nebraska, debated the issue. In Colorado, voters may see a ballot initiative on physician-aided dying Read More
Do You Really Need a Guardianship?
Do You Really Need a Guardianship? Guardianship is one of society’s most drastic interventions, protecting individuals yet infringing upon fundamental human rights and opportunities for self-determination. Nebraska prioritizes less restrictive legal options such as, for financial decisions, appropriate use of joint accounts, durable powers of attorney, trusts, and representative payment for public benefits; and for Read More
Polarizing Politics Derail How We Talk About Death
Polarizing Politics Derail How We Talk About Death — Conversation Project co-founder Ellen Goodman examines the political debate surrounding California’s recent passage of legislation that will allow providers to prescribe life-ending drugs to terminally ill patients. Ellen writes that the polarizing debates about similar bills spreading across the country may hijack a broader movement to Read More
Guides for Managing Someone Else’s Money
Guides for Managing Someone Else’s Money — Millions of people have legal authority to manage money for a family member or a friend, and the number may grow with the aging of the population and the rising number of individuals with disabilities. The Consumer Financial Protection Bureau (CFPB) has developed a package of easy-to-understand booklets to Read More
Surrogate Consent Laws
Surrogate Consent Laws — Surrogate Consent Laws provide legal authority for health care decision-making when no guardian or agent has been appointed. States which have adopted these provisions recognize the importance of alternative means of consent to health care in the absence of advance directives, such as the health care power of attorney and living will. Read More
When the Patient Won’t ever Get Better
When the Patient Won’t Ever Get Better — A recent New York Times article by Daniela J. Lamas, M.D., relates the case of a 90-year old patient who arrived at the hospital by ambulance with a tear in her aorta wall, requiring emergency surgery. The surgery went well, but it was followed by a number of Read More
Patient Choice at End of Life Act
Patient Choice at End of Life Act — On April 4, 2016, The Nebraska Legislature indefinitely postponed consideration of LB 1056, the Patient Choice at End of Life Act that had been introduced by Rep. Ernie Chambers. Under the proposed legislation, an adult with the capacity to make medical decisions who has been determined to Read More
Really, Everyone Needs a Will
Really, Everyone Needs a Will — To begin with, by having a will, you can control who receives your property after your death. Without a will, the state you live in determines how your property is distributed, and you likely would do it differently. People don’t usually thinking about making a will until they are Read More
Revised Uniform Fiduciary Access to Digital Assets Act – LB 829
Revised Uniform Fiduciary Access to Digital Assets Act – A Summary – On April 13, 2016 the Nebraska Legislature passed LB 829, which adopts the Revised Uniform Fiduciary Access to Digital Assets Act (Revised UFADAA). The Act was signed into law by the Governor on April 20, 2016. In the Internet age, the nature of property Read More
Nebraska Homestead Exemption
Nebraska Homestead Exemption — Nebraska’s Homestead Exemption provides relief from real estate property taxes by exempting all or a portion of the valuation of a home from taxation. The State of Nebraska reimburses the counties and governmental subdivisions for taxes lost due to homestead exemptions. The percentage of relief is based on the applicant’s income Read More