Power of Attorney and Health Care – General – Nevada
Any adult person may execute a power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning health care for the principal who executed the power of attorney if that principal becomes incapable of giving informed consent concerning such decisions.
Attorney in Fact
A principal may not name as attorney in fact in a power of attorney:
His provider of health care;
An employee of his provider of health care;
An operator of a health care facility; or
An employee of a health care facility.
A principal may name as attorney in fact any person listed above if that person is the spouse, legal guardian or next of kin of the principal.
The form of a power of attorney for a disabled principal must be in substantially the statutory form.
Acknowledgment and Witnesses
The principal’s signature on the power of attorney must:
Be acknowledged before a notary public; or
Witnessed by two adult witnesses who know the principal personally.
Neither of the witnesses to a principal’s signature may be:
A provider of health care;
An employee of a provider of health care;
An operator of a health care facility;
An employee of a health care facility; or
The attorney in fact.
At least one of the witnesses to a principal’s signature must be a person who is:
Not related to the principal by blood, marriage or adoption; and
To the best of the witnesses knowledge, not entitled to any part of the estate of the principal upon the death of the principal.
An attorney in fact may not consent to:
Commitment or placement of the principal in a facility for treatment of mental illness;
Aversive intervention, as that term is defined in NRS § 449.766; or
Any other treatment to which the principal, in the power of attorney, states that the attorney in fact may not consent.
Duty of Attorney in Fact
An attorney in fact must make decisions concerning the use or nonuse of life sustaining treatment which conform to the known desires of the principal. The principal may make these desires known in the power of attorney.
Designation of Alternate Attorney in Fact
A principal may designate an alternate attorney in fact.
If a principal designates his spouse as the attorney in fact or as an alternate, that designation is automatically revoked if the principal and his spouse are divorced.
Execution of a power of attorney automatically revokes any previous power of attorney.
A power of attorney remains valid indefinitely unless:
The principal designates a shorter period for which it is to remain valid; or
It is revoked.
If a power of attorney expires while the principal is unable to make decisions concerning health care, the power of attorney remains valid until the principal is again able to make such decisions.
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