Finalizing a Declaration and a Durable Power of Attorney in Nevada

In Nevada, you must have your declaration witnessed and your health care power of attorney witnessed or notarized.

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In Nevada, your health care directive may include one or two documents, depending on your wishes.

  • With your Declaration (commonly called a living will) you can leave instructions about the kind of health care you would like to receive if you become incapacitated.
  • In your Durable Power of Attorney for Health Care, you can name a trusted person (called your attorney-in-fact for health care) to make health care decisions on your behalf.

After you create your documents, you must sign them and have them either notarized or witnessed, according to the following rules.

Declaration:  Your declaration must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your attorney-in-fact for health care decisions not act as a witness.

Durable Power of Attorney for Health Care:  If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:

  • under the age of 18
  • your attorney-in-fact for health care decisions
  • a health care provider
  • an employee of a health care provider
  • the operator of a health care facility, or
  • an employee of the operator of a health care facility.

In addition, one of your witnesses must not be related to you by blood, marriage or adoption and must not be entitled to any part of your estate by operation of law or under your will.

After you have your documents witnessed or notarized, they are legally valid. Keep the originals in your files and give copies to your attorney-in-fact for health care, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your documents to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your documents every few years to make sure that they still reflect your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your attorney-in-fact is no longer able to supervise your wishes.

Your properly finalized documents will stay in effect until you revoke them, if you ever choose to do so. You can revoke your declaration and power of attorney at any time. The best way to revoke your documents is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your health care documents that you have revoked them.

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Nevada Living Wills and Durable Powers of Attorney for Health Care.

When you make a health care directive with Quicken WillMaker Plus, it will conform to all of Nevada’s laws about living wills and health care powers of attorney. It will also print with plain English instructions that detail how to make it legal.

by: , Attorney

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