What Is a Nevada Power of Attorney?
A Nevada power of attorney (POA) is an agreement giving an agent the authority to act on behalf of the principal. The agent can handle the principal’s medical, financial, or legal decisions. A POA protects the principal’s wishes and interests if the principal cannot act on their own.
In Nevada, the principal must be at least 18 and competent at the time of the POA’s creation. Per NV Rev Stat § 162A.220, if the principal is in a hospital, nursing home, or residential care facility when creating the POA, they must provide a certification of competency. An advanced practice registered nurse, physician, psychologist, or psychiatrist must complete this certification.
Use our free Nevada power of attorney forms for state-compliant terms. Easily set guidelines for your agent and create a contract that works for everyone.
Types of Powers of Attorney in Nevada
Nevada recognizes many different types of powers of attorney. You can create terms that more accurately reflect your desired purpose using a specific form. Compare the following types of powers of attorney to find the one that best suits your situation.
Durable vs. Non-Durable
A power of attorney works as either a durable or non-durable arrangement. In a durable power of attorney, the agent maintains their ability even after the principal’s incapacitation. For a non-durable agreement, the agent’s powers will automatically end when the principal is incapacitated. Under NV Rev Stat § 162A.210, all POAs are assumed to be durable, unless the terms of the agreement explicitly state otherwise.
Financial
A financial power of attorney protects your financial assets and decisions. Use this form to give your agent control over your property and accounts. In Nevada, you can select the following powers included in a financial POA:
- Access to bank accounts
- Control over personal property
- Ability to manage investments
- Access to insurance accounts
Medical
A medical POA, more commonly called a power of attorney for healthcare, gives your agent the power to handle your medical care and decisions. You can customize your agreement to give your agent a variety of authorities, including but not limited to the following:
- Access to medical records
- Hiring or firing caretakers
- Decisions on life-sustaining treatment
- Consenting to or refusing medications and treatments
In addition, you can use this document to leave instructions for your agent. Per NV Rev Stat § 162A.715 and 449A.703, your power of attorney for healthcare is an advance directive, allowing you to communicate your desired end-of-life treatments.
Durable (Financial)
Continue to manage the principal's affairs even if the principal becomes incapacitated.
Signing Requirements: Notary public (§ 162A.220(1)).
Medical
Make your medical wishes enforceable in the event of your incapacitation.
Signing Requirements: Two witnesses or a notary public. (§ 162A.790).
Limited (Special)
Convey authority to an agent for a specific event or limited time period.
Signing Requirements: Notary public (§ 162A.220(1)).
Non-Durable (General)
Give a trusted third party broad powers to manage your affairs, and ceases if you become incapacitated.
Signing Requirements: Notary public.
Springing
“Springs” into effect in certain circumstances (such as the incapacitation of the principal).
Signing Requirements: Notary public.
Vehicle (Form VP-136)
Nominate a third party to manage your vehicle-related affairs with a DMV power of attorney.
Signing Requirements: Notary public.
Real Estate
Authorizes an agent to conduct the principal's property affairs.
Signing Requirements: Notary public.
Tax
Utilize a Power of Attorney Form 2848 to designate a representative for state tax matters with the Nevada Department of Taxation.
Minor (Child)
Bestows short-term control over a minor's healthcare and schooling.
Signing Requirements: Notary public.
Revocation
Revokes your power of attorney in Nevada.
Signing Requirements: Notary public (§ 162A.220(1)).
How to Write a Power of Attorney for Nevada
Writing a power of attorney for Nevada requires using state-compliant formats and terms. Create an enforceable POA with the following steps:
- Provide the party information: Identify who will act as the principal and agent. Provide their full legal name and contact information.
- Grant general authority: Select which general authorities your agent can exercise. General powers typically include access to bank accounts, medical records, investments, and personal property.
- State special powers: Some authorities, such as making gifts or accessing trusts, require an explicit statement of power. Add any of the special powers listed under NV Rev Stat § 162A.450 in this section of your document.
- Determine the effective date: Under NV Rev Stat § 162A.260, a POA is effective at the time of signing unless stated otherwise. You can add a statement to make your POA effective upon the occurrence of a specified date or event.
- Review and sign: Review the powers granted in your POA agreement. Once satisfied with the terms, sign the document and complete any necessary notarization or witness requirements.
Nevada Power of Attorney Requirements and Legal Considerations
Since a power of attorney often includes sensitive information and authority, many legal requirements and considerations must be met. Review the necessary components and processes for creating and using a valid power of attorney in Nevada.
Notarization
Per NV Rev Stat § 162A.220, a general POA requires the principal’s signature and acknowledgement from a notary public. Having the document notarized provides additional validity and makes it presumed genuine. Additional witnesses may also be required for specific types of powers of attorney, such as healthcare POAs.
Filing
Nevada has no formal or legal filing requirements for most power of attorney forms. However, suppose your POA grants the agent authority to handle real estate transactions. In that case, you must file a copy with the county recorder where the property is located or where transactions will occur. In addition, banks and medical facilities will ask for a copy for their records to verify and prove the agent’s ability.
Revocation
You can revoke the agent’s authority when your power of attorney no longer meets your needs. As listed in NV Rev Stat § 162A.270, the revocation of a power of attorney may occur at the following events:
- Principal death or incapacitation: For a durable POA, the terms end at the principal’s time of death. In a non-durable agreement, the agent loses authority when the principal becomes incapacitated.
- Principal revocation: The principal can write and deliver a notice of revocation to be given to the agent at any time. Once the agent receives the notice, they no longer have the legal right to act under the POA.
- Agent resignation: Per NV Rev Stat § 162A.350, an agent can create a written resignation to be delivered to the principal. This resignation ends their duties and revokes their powers of attorney.
- Fulfillment of the POA’s purpose: For limited POAs, the agent’s powers end after they fulfill the contract’s stated purpose.
- Divorce or dissolution of marriage: If the principal’s spouse acts as the named agent, a dissolution of marriage or divorce filing automatically ends their legal authority under the POA, unless the document specifically states it survives the divorce.
