{"id":374792,"date":"2016-03-31T21:35:54","date_gmt":"2016-04-01T02:35:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nevada-law\/nevada-durable-power-of-attorney-laws.html"},"modified":"2021-03-12T08:24:43","modified_gmt":"2021-03-12T13:24:43","slug":"nevada-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nevada-law\/nevada-durable-power-of-attorney-laws.html","title":{"rendered":"Nevada Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Nevada Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Death will eventually happen to all of us. Hopefully, incapacity and the need for others to care for us won’t occur, but if it does, it\u2019s better to be prepared than not. A durable power of attorney is a legal document that allows another person to act on your behalf. You can create two different types of power of attorneys, a general or financial durable power of attorney<\/a> and a health care decision-making one. This article is about creating the healthcare power of attorney<\/a>.<\/p>\r\n

A power of attorney for health care allows your designated \u201cagent\u201d or \u201cattorney-in-fact<\/a>\u201d to make decisions about your medical care for you when you\u2019re not able to make those decisions yourself, according to your doctor(s). These legal documents are often created as part of an advance health care directive with a living will that informs your health care providers of your wishes regarding life support, such as if you\u2019re in a coma or become terminally ill.<\/p>\r\n

The following table details the main parts of the durable power of attorney for healthcare laws in Nevada.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nNevada Revised Statutes Sections 162A.700 to 162A.860: Durable Power of Attorney For Health Care Decisions<\/a><\/td>\r\n<\/tr>
Specific Powers and Life-Prolonging Acts<\/b><\/td>\r\nYour designated healthcare agent has the power to make health care decisions before or after death for disabled principal including consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat physical or mental condition except for:
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Legal Requirements for Durable Power of Attorney<\/b><\/td>\r\nTo create a valid healthcare power of attorney in Nevada, it must be:
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  1. Signed by the adult making it (the principal)<\/li>\r\n
  2. Notarized OR signed by two adult witnesses who personally know the principal, but can\u2019t be health care provider or facility employee or the agent and at least one can\u2019t be related by blood, marriage, or adoption to the principal or receiving anything from the principal\u2019s estate when he or she dies<\/li>\r\n
  3. Using the statutory form<\/a> or substantially the same form<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
When Does the Power of Attorney End?<\/b><\/td>\r\nThe power of attorney can be terminated in different ways, including when the principal dies, revokes the power of attorney or the agent\u2019s authority under it, the document had a termination date when drafted, or the agent dies or becomes incapacitated and there\u2019s no alternate agent listed.

A former spouse is automatically revoked from being the health care agent upon divorce<\/a> or annulment, unless the power of attorney says otherwise.<\/p>\r\n<\/td>\r\n<\/tr>

Validity of Out-of-State Power of Attorneys<\/b><\/td>\r\nA power of attorney created in a different state is valid in Nevada if, when it was created, it complied with the laws of that state or military law<\/a>.<\/td>\r\n<\/tr>
Immunity for Health Care Providers<\/b><\/td>\r\nIf a health care provider or facility in good faith accepts a power of attorney without knowing that the signature isn\u2019t genuine or it\u2019s been terminated or is otherwise invalid or voided, then the provider or facility aren\u2019t subject to civil or criminal liability or unprofessional conduct discipline.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

If you\u2019re ready to plan for your own worst case scenario, incapacity, it\u2019s time to consider creating a durable power of attorney and living will. You can start with a DIY power of attorney form<\/a> or Nevada\u2019s statutory form to draft your own statutory form, or you can consult with an experienced Nevada estate planning lawyer<\/a>. An attorney can draft all your end-of-life planning legal documents, including a living will, power of attorney, will<\/a>, and\/or trust, whatever you decide you need after getting thorough legal advice.<\/p>\r\n

Note:<\/i><\/b> State laws are revised all the time. Consult a lawyer or conduct your own legal research to verify these estate planning laws.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n