What Robin Roberts’ Story Teaches Us About Protecting Your Partner’s Rights in Nebraska
When journalist Robin Roberts married her longtime partner, Amber Laign, she shared that part of their decision was practical: health care planning. Robin had faced serious medical challenges, and like many LGBTQ+ couples, they knew love and commitment aren’t always enough—especially in states like Nebraska.
In a medical or legal crisis, the law doesn’t automatically honor intention or emotional connection. It follows documentation.
Who Makes Medical Decisions if You Can’t?
Under Nebraska law, if you’re unconscious or otherwise unable to make your own medical decisions, there’s a specific legal hierarchy of decision-makers under the Uniform Health Care Consent Act (Neb. Rev. Stat. § 71-1335 et seq.). If you don’t have an advance directive, Nebraska defaults to:
Your spouse (if legally married)
Adult children
Parents
Adult siblings
Other blood relatives
Unmarried partners—even if you’ve been together for decades—are not included in this list. The same goes for chosen family, close friends, or non-traditional support networks.
And because of federal HIPAA regulations, those same people may be denied access to your medical information.
So unless you’ve legally authorized your partner to act for you, they could be left entirely out of the loop during a critical time.
Two Essential Legal Tools for LGBTQ+ Couples and Unmarried Partners
Advance Directive and Power of Attorney for Health Care
The Nebraska Uniform Health Care Advance Directives Act (Neb. Rev. Stat. § 30-3401 et seq.) allows you to:
Designate someone you trust to make medical decisions
Give them legal access to your health information
Include a Living Will to express your end-of-life care preferences
This is a must for LGBTQ+ individuals, unmarried partners, and chosen families. Without it, the law will not recognize your relationship or intentions.
Durable Power of Attorney for Finances
If you’re unable to manage your financial affairs, your loved one may need to:
Pay bills
Access your bank accounts
File insurance claims
Manage your property or business
Nebraska’s Uniform Power of Attorney Act (Neb. Rev. Stat. § 30-4001 et seq.) allows you to appoint someone to handle these tasks on your behalf if you become incapacitated.
Without a Durable Power of Attorney, your partner or chosen family member may have to go to court to request a conservatorship—a slow, public, and expensive process that often favors blood relatives over the person you’d actually want in charge.
Marriage Helps—But It’s Not Enough
Even if you are married, hospitals and financial institutions may still require clear documentation before allowing your spouse to act. Advance Directives and Powers of Attorney make that process smoother, faster, and more certain.
If you’re unmarried, these legal tools are not optional. They’re essential.
Protecting Dignity, Autonomy, and Love
This isn’t just about legal formalities—it’s about making sure the person you trust most can speak for you and support you if something goes wrong.
Without the right documents in place, critical decisions may fall to estranged relatives or people who don’t know your wishes. That’s not just frustrating—it can be devastating.
If you’re an LGBTQ+ individual, part of a chosen family, or simply someone who wants your loved ones empowered—not shut out—let’s make sure you’re protected.
Reach out at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation.
Frequently Asked Questions
What is an Advance Directive in Nebraska?
An Advance Directive in Nebraska lets you name a health care agent and express your medical treatment preferences in case you can’t speak for yourself. It’s governed by Neb. Rev. Stat. § 30-3401 et seq.
Can my unmarried partner make medical decisions for me in Nebraska?
Not automatically. Nebraska law does not give unmarried partners the legal right to make medical decisions unless you’ve appointed them in an Advance Directive.
What is the difference between a Power of Attorney for Health Care and one for Finances?
A Power of Attorney for Health Care lets someone make medical decisions on your behalf. A Durable Power of Attorney for Finances lets them manage financial and legal matters if you’re incapacitated.
Does marriage automatically give my spouse access to my medical or financial information?
Not always. While marriage provides certain legal rights, many institutions still require formal documentation to share information or authorize decisions. That’s why even married couples should have these documents in place.
What happens if I don’t have these documents?
Without an Advance Directive or Durable Power of Attorney, the court may appoint someone—often a blood relative—to make decisions for you. That person may not be who you would choose.