What Diane Keaton’s Passing Teaches Us About Planning for Incapacity
The recent passing of legendary actress Diane Keaton has many reflecting on her remarkable life—as a performer, mother, and fiercely independent woman. Her death also highlights something many people overlook: what happens if illness or aging leaves you unable to make your own decisions? Incapacity can strike suddenly, and without a plan, families may face confusion, delay, or costly court involvement. In this post, I’ll explain how incapacity planning works under Nebraska law, which documents you need, and how to protect your wishes and your loved ones when life takes an unexpected turn.
Why Incapacity Planning Matters
Estate planning isn’t just about what happens after death—it’s also about protecting yourself during life. Incapacity planning ensures that your medical and financial affairs are managed by someone you trust if you can’t act for yourself.
Without a plan, loved ones may need to seek guardianship or conservatorship under Neb. Rev. Stat. § 30-2601 et seq., which requires formal court proceedings and can take weeks or months to finalize. The right legal tools prevent that stress and ensure your wishes are honored immediately.
1. Durable Power of Attorney
What It Does
A Durable Power of Attorney, recognized under Nebraska’s Uniform Power of Attorney Act (Neb. Rev. Stat. §§ 30-4001 to 30-4045), allows you to appoint someone—called your agent or attorney-in-fact—to manage your finances if you become incapacitated. That includes paying bills, managing property, and handling legal or business matters.
Why It Matters in Nebraska
Without a POA, even your spouse or adult children may have no legal authority to act on your behalf. They would need to petition the court for conservatorship, an avoidable and expensive step.
Smart-friend tip: Pick someone who’s financially savvy, organized, and confident making decisions under pressure. Then, make sure they know where to find your documents when the time comes.
2. Advance Health Care Directive/Health Care Power of Attorney
What It Covers
A Nebraska Advance Directive combines two key tools: a Living Will and a Health Care Power of Attorney. These documents are authorized under the Nebraska Rights of the Terminally Ill Act (Neb. Rev. Stat. §§ 20-401 to 20-416).
They let you outline your medical preferences—such as life-support decisions, resuscitation wishes, and pain management—and appoint a trusted person to communicate with your doctors if you can’t.
Nebraska-Specific Considerations
Nebraska law recognizes both documents as valid if properly executed and witnessed. Hospitals and providers are legally required to follow them once they’re on file.
Having a clear directive spares your family from uncertainty or disagreement when emotions are running high.
3. HIPAA Authorization
Even if you name a health care proxy, medical privacy laws can still block access to your information. A HIPAA Authorization, based on federal privacy rules under 45 C.F.R. § 164.508, allows your chosen representatives to speak with doctors, review records, and make informed medical decisions.
While not required by Nebraska statute, a standalone HIPAA release is a best practice in every incapacity plan. It ensures smooth communication when it matters most.
How to Avoid Guardianship in Nebraska
Families without these documents often end up in guardianship proceedings. Under Neb. Rev. Stat. § 30-2601 et seq., the court must determine incapacity, appoint a guardian or conservator, and require ongoing reports. That process can take months and costs far more than creating a few preventive documents.
By signing a Durable Power of Attorney, Health Care Power of Attorney, and HIPAA Authorization, you empower trusted people to act immediately—without needing a judge’s approval.
What We Can Learn from Diane Keaton’s Legacy
While details of Keaton’s illness remain private, reports suggest it progressed quickly. Her life—marked by independence and careful planning—illustrates why every adult, especially single parents or business owners, should prepare for incapacity.
Ask yourself:
Who would handle your finances or home if you couldn’t?
Who would make your medical choices?
Would your loved ones know your wishes—or be left to guess?
The right plan answers those questions before they ever arise.
Take Action: Protect Yourself and Your Family
The right legal tools protect your finances, your medical wishes, and your family’s peace of mind. Incapacity planning isn’t just for the elderly—it’s for anyone who wants to stay in control, even when life becomes unpredictable.
At Zachary W. Anderson Law, we help Nebraskans create durable, court-ready incapacity plans that reflect their values and simplify family decision-making.
📞 402-259-0059
📧 zach@zandersonlaw.com
FAQ: Incapacity Planning in Nebraska
Q: What happens if I don’t have a Power of Attorney or Advance Directive?
A: Your family may need to petition for guardianship or conservatorship under Nebraska law—a process that involves multiple hearings, judicial oversight, and attorney fees.
Q: Can I name different people for financial and medical decisions?
A: Yes. Many Nebraskans appoint one agent for financial matters and another for health care, depending on each person’s strengths.
Q: Are Nebraska incapacity documents valid in other states?
A: Usually yes, but you should have them reviewed if you move or spend extended time elsewhere.
Q: How often should I update these documents?
A: Review them every three to five years or after major life changes—marriage, divorce, relocation, or a new diagnosis.
Q: Can I prevent a guardianship entirely?
A: In most cases, yes. By signing a valid POA and Advance Directive while you’re competent, you can avoid guardianship proceedings altogether.