Regulation detail

Neb. Rev. Stat. § 43-2101

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Neb. Rev. Stat. § 43-2101 active

Age of majority (18-year-old MH consent; NE has no general minor MH/SUD consent statute — documented gap)

Jurisdiction: NE Agency: Nebraska Legislature
Plain-English summary

Nebraska statute sets the age of majority at 19 but grants persons 18 years of age or older the right to consent to mental health services for themselves without parental or guardian consent. The statute also confers certain contractual and property rights on 18-year-olds. This is a general civil-rights/consent statute, not a facility licensing or operating-standards rule.

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Regulation text
NEBRASKA LEGISLATURE

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Nebraska Unicameral Legislature

Nebraska Revised Statute 43-2101

Revised Statutes

Chapter 43

43-2101

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 Chapter 43 

43-2101.

Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.

(1) All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends.

(2) Upon becoming the age of majority, a person is considered an adult and acquires all rights and responsibilities granted or imposed by statute or common law, except that a person: 

(a) Eighteen years of age or older and who is not a ward of the state may:

(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or lease, including legal responsibility to third parties;

(ii) Execute, sign, authorize, or otherwise authenticate (A) an effective financing statement, (B) a promissory note or other instrument evidencing an obligation to repay, or (C) a mortgage, trust deed, security agreement, financing statement, or other security instrument to grant a lien or security interest in real or personal property or fixtures, and shall be legally responsible for such document, including legal responsibility to third parties; and

(iii) Acquire or convey title to real property and shall have legal responsibility for such acquisition or conveyance, including legal responsibility to third parties; and 

(b) Eighteen years of age or older may consent to mental health services for himself or herself without the consent of his or her parent or guardian.

Source

R.S.1866, c. 23, § 1, p. 178; 

R.S.1913, § 1627; 

Laws 1921, c. 247, § 1, p. 853; 

C.S.1922, § 1576; 

C.S.1929, § 38-101; 

R.S.1943, § 38-101; 

Laws 1965, c. 207, § 1, p. 613; 

Laws 1969, c. 298, § 1, p. 1072; 

Laws 1972, LB 1086, § 1; 

R.S.1943, (1984), § 38-101; 

Laws 1988, LB 790, § 6; 

Laws 2010, LB226, § 2; 

Laws 2018, LB982, § 1; 

Laws 2019, LB55, § 5. 

Cross References

Juvenile committed under Nebraska Juvenile Code,
 marriage under age of nineteen years does not make juvenile age of majority, see section 
43-289
.

Annotations

 Unless married, persons under 19 years of age are declared to be minors pursuant to subsection (1) of this section. Johnson v. Johnson, 308 Neb. 623, 956 N.W.2d 261 (2021).

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