Key Facts of Health Care Power of Attorney in Nevada

When a person cannot express their wishes regarding health care decisions because of old age, incapacity, or a disability, a health care power of attorney lets them control their health care by appointing someone else to make those decisions for them. It’s important to understand how these documents work and what makes them legally valid.

Key Takeaways:

• A health care power of attorney is a legal document that enables a person to appoint someone else to make medical and health care decisions on their behalf when they are incapacitated.
• Choosing your health care power of attorney is an important decision. Your agent must be at least 18 and should be someone you trust, like a spouse, a relative, or a close friend.
• For your health care power of attorney to be valid and enforceable, you must follow state legal requirements, which include having your signature notarized or witnessed by two individuals.
• A health care power of attorney grants the agent broad authority, subject to some important limitations.
• A health care power of attorney generally lasts indefinitely unless you specify otherwise.
• A health care power of attorney might transfer to another state, but for practical reasons, it is often best to execute a new document if you move out of state.

What Is a Health Care Power of Attorney?

A health care power of attorney is a legal document that authorizes one person (the agent or attorney-in-fact) to make medical decisions on behalf of another person (the principal). If you become incapacitated, even temporarily, your health care power of attorney represents you, makes medical decisions, and communicates your wishes on your behalf.

Not to be confused with a guardianship, which is implemented by the court, a health care power of attorney allows you to remain in control, even if you cannot speak for yourself. It ensures your wishes and best interests are upheld if you are incapacitated or unable to make decisions regarding your own medical care.

Who Can I Choose As My Health Care Power of Attorney in Nevada?

Generally, you can name anyone over the age of 18 as your health care power of attorney. Most people choose a family member, a relative, a close friend, or someone they feel comfortable having handle their medical decisions.

Nevada law imposes certain exceptions on who you can choose as your health care power of attorney. You cannot choose:

• Your treating medical provider
• An employee of your treating health care provider
• An operator of a healthcare facility, such as the owner of your nursing home
• An employee of the operator of a health care facility

You may not designate these individuals as your health care power of attorney unless they are your spouse, legal guardian, or the person most closely related to you by blood.

Can I Designate an Alternate Health Care Power of Attorney?

Nevada law allows you to name an alternate agent who would act if your primary agent is unable or unwilling to make medical decisions on your behalf. You are not required to name an alternate agent. If you name an alternate agent and they become the health care power of attorney, they would have the same authority as your primary agent.

What Are the Requirements for Completing a Health Care Power of Attorney in Nevada?

There are specific requirements in Nevada for completing a health care power of attorney. Under NRS 162A790(2), to designate a healthcare power of attorney in Nevada, you must:

• Designate a health care agent
• Designate an alternate agent, if you choose to
• Sign the document in the presence of two witnesses or a notary

The witness or notary requirement ensures the document is legally valid and enforceable.

What Are the Limitations of a Health Care Power of Attorney?

There are limitations when it comes to a health care power of attorney. Your health care power of attorney does not have the authority to:

• Place you in a mental institution
• Consent to electroconvulsive treatment
• Commit you to psychosurgery
• Consent to abortion or sterilization procedures

If you wish to specify other types of treatments you do or do not want your agent to be able to authorize, you can identify them in section 4 (special provisions and limitations). If you leave this section blank, your agent will have broad authority to make health care decisions on your behalf.

How Long Does a Health Care Power of Attorney Last?

By default, a health care power of attorney is valid indefinitely from the date you sign the document. You can specify an expiration date in Section 5. If you choose an expiration date but are unable to make your own decisions on that date, the document will continue to be valid until you are once again capable of making your own health care choices.

Does a Health Care Power of Attorney Transfer to Another State?

Some states accept an out-of-state health care power of attorney, while others do not. If you move, you may need to update important information, like your address and any changes or new limitations you want. Fortunately, most states have simple forms you can complete to update your information. The best approach is to contact an attorney in your new state and let them know about your health care power of attorney from Nevada. They can provide advice on the rules that apply in your new state.

Nevada generally recognizes health care power of attorneys from other states. However, for practical reasons, it might be wise to update yours. You medical providers may be unfamiliar with out-of-state documents, which could lead to delays in treatment. Some provisions of an out-of-state health care power of attorney may not match those in a Nevada document. If you recently moved to Nevada, an attorney can prepare a new health care power of attorney so local providers recognize it immediately and you can avoid any unnecessary treatment delays.

Contact the Vander Laan Law Firm Today

The Vander Laan Law Firm provides estate planning, probate, and guardianship services to individuals and families throughout Douglas County, Carson City, and Lyon County. Discover what makes our approach to estate planning unique, then call (775) 461-2897 or contact our law office to schedule a free consultation to discuss your needs and how attorney Natalia Vander Laan can assist you.