A Nevada durable power of attorney is a legal document that allows an individual (also known as “the principal“) to appoint someone else (“an agent”) to manage financial matters. The agent must act on behalf and in the best interest of the principal and their power remain in effect even if the principal becomes incapacitated.
This form is generally used for financial and business matters. To grant durable power over medical decisions, you need a medical power of attorney.
Read on to learn how to use a durable power of attorney in the Silver State.
Nevada Durable Power of Attorney Requirements
In Nevada, power of attorney forms are durable by default.
Relevant Laws: Chapter 162A (POWER OF ATTORNEY FOR FINANCIAL MATTERS AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS)
Presumed Durable: Yes. § 162A.210
Signing: A signature is required.
Notarization: A durable power of attorney is not required to be notarized in Nevada, but the principal’s signature will be validated if acknowledged by a notary public. § 162A.220
Statutory Form: Yes — § 162A.620
How to Fill Out a Nevada DPOA Form
Here is how to easily complete a blank durable power of attorney form for Nevada:
Step 1: Designate an Agent
Before you appoint an agent, you have to make sure that they are capable, trustworthy, and fully aware of what a power of attorney is. If you are unsure of these aspects, you can sign a power of attorney that is not effective immediately—so that you can retain control for as long as possible.
In any case, the power of attorney has to be executed while the principal is sound of mind. Otherwise, the principal is deemed unable to understand the scope of the DPOA and the form will not be valid.
Once you have chosen an agent, both of you should write your names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
The powers granted on the DPOA form can be limited or broad. For instance, you may allow your agent to handle your taxes or you can give them the power to manage all your financial affairs.
In Nevada, you can choose from the following subject areas:
- real estate
- stocks and bonds
- banks and other financial institutions
- operation of entity or business
- benefits and retirement plans
You can also write specific instructions about which actions the agent can perform on your behalf.
Step 3: Ensure Your Form Is Durable
In Nevada, a power of attorney is presumed to be durable unless you specify otherwise on the form.
Step 4: Sign and Date the Form
To complete the paperwork, the agent and the principal sign and date the durable power of attorney form.
In Nevada, your signature will be presumed to be genuine if you sign in front of a notary public and have them acknowledge it. This will help resolve any doubt surrounding the authenticity of your durable power of attorney.
Storing and Using Your Form in Nevada
Once you’ve created your durable power of attorney form, you need to store it in a secure place in your home and give your agent a copy of the form as well.
Signing on Behalf of the Principal
To enable your agent to sign on your behalf, you should contact the third party or place the DPOA will be used, and provide both your and the agent’s IDs.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Nevada
To revoke a power of attorney, the principal must complete and file a revocation of power of attorney.
In Nevada, the agent’s authority terminates in the following situations:
- the authority is revoked by the principal
- the agent is unable to fulfill his or her obligations
- the agent is also the spouse of the principal and a divorce or legal separation occurs
- the DPOA terminates