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