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Nevada Durable Power of Attorney

The Nevada Revised Statutes Section 162A-210 defines durable power of attorney keeping in line with its definition in the Uniform Durable Power of Attorney Act.   It says that a power of attorney created under NRS 162A.200 to 162A.660, inclusive, is durable unless it expressly provides that it is terminated by the incapacity of the principal.

The writing in the power of attorney should state that the power of attorney shall not be affected by subsequent disability or incapacity of the principal, or that the power of attorney shall become effective upon the disability or incapacity of the principal, or it should have similar words in it, showing the intent of the principal that the authority conferred to the attorney shall be exercisable notwithstanding the principal’s subsequent disability or incapacity.

All acts done by the attorney pursuant to a durable power of attorney, during any period of disability or incapacity of the principal shall have the same effect and inure to the benefit of and shall bind the principal and his or her successors in interest as if the principal were competent and not disabled.

Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

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