A Nevada medical power of attorney form (MPOA) lets you give someone else the authority to make medical decisions for you. The person who has the authority to make those decisions is known as your agent.
Other names for this form include:
- Nevada Durable Medical Power of Attorney
- Nevada Medical POA
Laws: Nevada Revised Statutes Sections 162A.700 to 162A.860 (Durable Power of Attorney for Health Care Decisions) governs the creation of a medical power of attorney in Nevada.
After creating your medical power of attorney, consider creating the following related documents:
- Living Will: This document is a type of advance directive and describes your end-of-life choices. This may include decisions such as whether to withhold life support.
- Nevada (Financial) Power of Attorney: This document allows you to appoint someone who can make financial decisions for you when you are unable to do so yourself.
How to Fill in a Medical Power of Attorney in Nevada
Take these steps to make sure your document is legally binding and meets the requirements outlined in Nevada Revised Statutes Sections 162A.700 to 162A.860 (Durable Power of Attorney for Health Care Decisions).
Step 1: Choose an agent
Your agent is the one who will make healthcare decisions for you if you are unable to communicate your wishes.
Who should you choose as an agent?
You should choose a mature, responsible adult who knows you well and understands your wishes. The agent must make decisions concerning the use or nonuse of life-sustaining treatment by following the known desires of the principal.
Who can’t be your agent?
Your agent cannot be your health care provider or one of their employees, or an operator or employee of a healthcare facility. However, there is an exception to this rule if you wish to appoint your spouse as your agent.
Relevant law: Nevada Revised Statutes 162A.840
Can you have more than one agent?
In Nevada, you can choose two or more persons who can act as co-agents. You can decide whether they act independently or together.
You can also choose successor agents in the event your first choice as agent either resigns, dies, or stops serving as your agent for any other reason.
Relevant law: Nevada Revised Statutes 162A.830
Step 2: Specify what healthcare decisions your agent can make
Can you limit your agent’s powers?
The agent is required to make decisions according to your wishes, and you can spell out specific limitations on their authority in the written MPOA document.
Relevant law: Nevada Revised Statutes 162A.850.2
What is your agent legally unable to do?
There are some things an agent may not agree to, such as:
- commitment to a facility for mental illness
- abortion
- psychosurgery
- sterilization
- aversive intervention, and
- experimental medical, biomedical, or behavioral treatment
Relevant law: Nevada Revised Statutes 162A.850.1
When can your agent start making decisions for you?
Unless it specifically states a start date or event (e.g., the principal’s incapacitation), your Nevada medical power of attorney becomes effective upon execution.
Relevant law: Nevada Revised Statutes 162A.810
Step 3: Sign the form
Do you need witness or notary signatures?
In Nevada, you have to either have the signature acknowledged by a notary public or witnessed by two adults who know the person signing.
At least one of the witnesses must be someone who is not related by blood, adoption, or marriage, and that person must also not entitled to any share of the principal’s estate upon death.
Relevant law: Nevada Revised Statutes 162A.790
Who can’t be a witness?
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 agent
Relevant law: Nevada Revised Statutes 162A.790
How long is your Nevada medical power of attorney effective?
The power of attorney for health care terminates when
- the principal dies or revokes the power of attorney,
- a termination date included in the MPOA document has passed, or
- when the agent loses authority or dies and there is no one named as successor
Relevant law: Nevada Revised Statutes 162A.820
How to Revoke a Nevada Medical Power of Attorney
Because the medical power of attorney is a legal document, you should revoke it with another written document, namely a revocation of power of attorney.
As with the original document, you can either use a notary public or two neutral adults as witnesses.
Relevant law: Nevada Revised Statutes 162A.820