[Rev. 11/21/2013 9:51:15
AM--2013]
CHAPTER 162A - POWER OF ATTORNEY FOR
FINANCIAL MATTERS AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
GENERAL PROVISIONS
NRS 162A.010 Definitions.
NRS 162A.020 “Acknowledged”
defined.
NRS 162A.030 “Agent”
defined.
NRS 162A.040 “Durable”
defined.
NRS 162A.050 “Electronic”
defined.
NRS 162A.060 “Good
faith” defined.
NRS 162A.070 “Incapacity”
defined.
NRS 162A.080 “Person”
defined.
NRS 162A.090 “Power
of attorney” defined.
NRS 162A.100 “Presently
exercisable general power of appointment” defined.
NRS 162A.110 “Principal”
defined.
NRS 162A.120 “Property”
defined.
NRS 162A.130 “Record”
defined.
NRS 162A.140 “Sign”
defined.
NRS 162A.150 “State”
defined.
NRS 162A.160 “Stocks
and bonds” defined.
POWER OF ATTORNEY (UNIFORM ACT)
General Provisions
NRS 162A.200 Applicability.
NRS 162A.210 Power
of attorney is durable; exceptions.
NRS 162A.220 Execution
of power of attorney; certification of competency of principal required under
certain circumstances; certain persons not to be named as agent; exceptions;
penalty for misuse of power of attorney.
NRS 162A.230 Validity
of power of attorney.
NRS 162A.240 Meaning
and effect of power of attorney.
NRS 162A.250 Nomination
of guardian of estate; relation of agent to court-appointed guardian.
NRS 162A.260 Time
at which power of attorney is effective.
NRS 162A.270 Termination
of power of attorney or authority of agent.
NRS 162A.280 Co-agents
and successor agents.
NRS 162A.290 Reimbursement
of agent.
NRS 162A.300 Agent’s
acceptance of appointment.
NRS 162A.310 Duties
of agent.
NRS 162A.320 Exoneration
of agent.
NRS 162A.330 Judicial
relief.
NRS 162A.340 Liability
of agent.
NRS 162A.350 Resignation
of agent; notice.
NRS 162A.360 Acceptance
of and reliance upon acknowledged power of attorney.
NRS 162A.370 Liability
for refusal to accept acknowledged power of attorney.
NRS 162A.380 Principles
of law and equity.
NRS 162A.390 Laws
applicable to financial institutions and entities.
NRS 162A.400 Remedies
under other law.
Authority
NRS 162A.450 Grant
of specific authority.
NRS 162A.460 Grant
of general authority; incorporation of authority.
NRS 162A.470 Construction
of authority generally.
NRS 162A.480 Real
property.
NRS 162A.490 Tangible
personal property.
NRS 162A.500 Stocks
and bonds.
NRS 162A.510 Commodities
and options.
NRS 162A.520 Banks
and other financial institutions.
NRS 162A.530 Operation
of entity or business.
NRS 162A.540 Insurance
and annuities.
NRS 162A.550 Estates,
trusts and other beneficial interests.
NRS 162A.560 Claims
and litigation.
NRS 162A.570 Personal
and family maintenance.
NRS 162A.580 Benefits
from governmental programs or civil or military service.
NRS 162A.590 Retirement
plans.
NRS 162A.600 Taxes.
NRS 162A.610 Gifts.
Form
NRS 162A.620 Power
of attorney.
Miscellaneous Provisions
NRS 162A.650 Uniformity
of application and construction.
NRS 162A.660 Relation
to Electronic Signatures in Global and National Commerce Act.
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
NRS 162A.700 Applicability.
NRS 162A.710 Definitions.
NRS 162A.720 “Attending
physician” defined.
NRS 162A.730 “Declaration”
defined.
NRS 162A.740 “Health
care facility” defined.
NRS 162A.750 “Life-sustaining
treatment” defined.
NRS 162A.760 “Provider
of health care” defined.
NRS 162A.770 “Qualified
patient” defined.
NRS 162A.780 “Terminal
condition” defined.
NRS 162A.790 Execution
of power of attorney; acknowledgment; witnesses; certification of competency
required for certain principals; validity of power of attorney executed outside
this State.
NRS 162A.800 Nomination
of guardian of person; relation of agent to court-appointed guardian; duties of
guardian.
NRS 162A.810 Time
at which power of attorney is effective.
NRS 162A.815 Acceptance
and reliance upon acknowledged power of attorney.
NRS 162A.820 Termination
of power of attorney or authority of agent.
NRS 162A.830 Co-agents
and successor agents.
NRS 162A.840 Persons
not eligible for designation as agent.
NRS 162A.850 Agents:
Prohibited acts; decisions concerning use or nonuse of life-sustaining
treatment.
NRS 162A.860 Power
of attorney: Form.
_________
GENERAL PROVISIONS
NRS 162A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 162A.020 to 162A.160, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2009, 174)
NRS 162A.020 “Acknowledged” defined. “Acknowledged”
means purportedly verified before a notary public or other individual
authorized to take acknowledgments.
(Added to NRS by 2009, 174)
NRS 162A.030 “Agent” defined. “Agent”
means a person granted authority to act for a principal under a power of
attorney, whether denominated an agent, attorney-in-fact or otherwise. The term
includes an original agent, co-agent, successor agent and a person to which an
agent’s authority is delegated.
(Added to NRS by 2009, 174)
NRS 162A.040 “Durable” defined. “Durable,”
with respect to a power of attorney, means not terminated by the principal’s
incapacity.
(Added to NRS by 2009, 175)
NRS 162A.050 “Electronic” defined. “Electronic”
means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
(Added to NRS by 2009, 175)
NRS 162A.060 “Good faith” defined. “Good
faith” means honesty in fact.
(Added to NRS by 2009, 175)
NRS 162A.070 “Incapacity” defined. “Incapacity”
means the inability of an individual to manage property or business affairs
because the individual:
1. Has an impairment in the ability to
receive and evaluate information or make or communicate decisions even with the
use of technological assistance; or
2. Is:
(a) Missing;
(b) Detained, including incarcerated in a penal
system; or
(c) Outside the United States and unable to
return.
(Added to NRS by 2009, 175)
NRS 162A.080 “Person” defined. “Person”
means an individual, corporation, business trust, estate, trust, partnership,
limited-liability company, association, joint venture, public corporation,
government or governmental subdivision, agency or instrumentality, or any other
legal or commercial entity.
(Added to NRS by 2009, 175)
NRS 162A.090 “Power of attorney” defined. “Power
of attorney” means a writing or other record that grants authority to an agent
to act in the place of the principal, whether or not the term “power of
attorney” is used.
(Added to NRS by 2009, 175)
NRS 162A.100 “Presently exercisable general power of appointment” defined. “Presently exercisable general power of
appointment,” with respect to property or a property interest subject to a
power of appointment, means power exercisable at the time in question to vest
absolute ownership in the principal individually, the principal’s estate, the
principal’s creditors or the creditors of the principal’s estate. The term
includes a power of appointment not exercisable until the occurrence of a
specified event, the satisfaction of an ascertainable standard, or the passage
of a specified period only after the occurrence of the specified event, the
satisfaction of the ascertainable standard or the passage of the specified
period. The term does not include a power exercisable in a fiduciary capacity
or only by will.
(Added to NRS by 2009, 175)
NRS 162A.110 “Principal” defined. “Principal”
means an individual who grants authority to an agent in a power of attorney.
(Added to NRS by 2009, 175)
NRS 162A.120 “Property” defined. “Property”
means anything that may be the subject of ownership, whether real or personal,
or legal or equitable, or any interest or right therein.
(Added to NRS by 2009, 175)
NRS 162A.130 “Record” defined. “Record”
means information which is inscribed on a tangible medium or which is stored in
an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2009, 175)
NRS 162A.140 “Sign” defined. “Sign”
means, with present intent to authenticate or adopt a record:
1. To execute or adopt a tangible symbol;
or
2. To attach to or logically associate
with the record an electronic sound, symbol or process.
(Added to NRS by 2009, 175)
NRS 162A.150 “State” defined. “State”
means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to
the jurisdiction of the United States.
(Added to NRS by 2009, 175)
NRS 162A.160 “Stocks and bonds” defined. “Stocks
and bonds” means stocks, bonds, mutual funds, and all other types of securities
and financial instruments, whether held directly or indirectly, or in any other
manner. The term does not include commodity futures contracts and call or put
options on stocks or stock indexes.
(Added to NRS by 2009, 175)
POWER OF ATTORNEY (UNIFORM ACT)
General Provisions
NRS 162A.200 Applicability. NRS 162A.200 to 162A.660,
inclusive, apply to all powers of attorney except:
1. A power to the extent it is coupled
with an interest in the subject of the power, including a power given to or for
the benefit of a creditor in connection with a credit transaction;
2. A power to make health care decisions;
3. A proxy or other delegation to exercise
voting rights or management rights with respect to an entity; and
4. A power created on a form prescribed by
a government or a governmental subdivision, agency or instrumentality for a
governmental purpose.
(Added to NRS by 2009, 176)
NRS 162A.210 Power of attorney is durable; exceptions. A power of attorney created under NRS 162A.200 to 162A.660,
inclusive, is durable unless it expressly provides that it is terminated by the
incapacity of the principal.
(Added to NRS by 2009, 176)
NRS 162A.220 Execution of power of attorney; certification of competency of
principal required under certain circumstances; certain persons not to be named
as agent; exceptions; penalty for misuse of power of attorney.
1. A power of attorney must be signed by
the principal or, in the principal’s conscious presence, by another individual
directed by the principal to sign the principal’s name on the power of
attorney. A signature on a power of attorney is presumed to be genuine if the
principal acknowledges the signature before a notary public or other individual
authorized by law to take acknowledgments.
2. If the principal resides in a hospital,
residential facility for groups, facility for skilled nursing or home for
individual residential care, at the time of execution of the power of attorney,
a certification of competency of the principal from a physician, psychologist
or psychiatrist must be attached to the power of attorney.
3. If the principal resides or is about to
reside in a hospital, assisted living facility or facility for skilled nursing
at the time of execution of the power of attorney, in addition to the
prohibition set forth in NRS 162A.840 and except
as otherwise provided in subsection 4, the principal may not name as agent in
any power of attorney for any purpose:
(a) The hospital, assisted living facility or
facility for skilled nursing;
(b) An owner or operator of the hospital,
assisted living facility or facility for skilled nursing; or
(c) An employee of the hospital, assisted living
facility or facility for skilled nursing.
4. The principal may name as agent any
person identified in subsection 3 if that person is:
(a) The spouse, legal guardian or next of kin of
the principal; or
(b) Named only for the purpose of assisting the
principal to establish eligibility for Medicaid and the power of attorney
complies with the provisions of subsection 5.
5. A person may be named as agent pursuant
to paragraph (b) of subsection 4 only if:
(a) A valid financial power of attorney for the
principal does not exist;
(b) The agent has made a good faith effort to
contact each family member of the principal identified in the records of the
hospital, assisted living facility or facility for skilled nursing, as
applicable, to request that the family member establish a financial power of
attorney for the principal and has documented his or her effort;
(c) The power of attorney specifies that the
agent is only authorized to access financial documents of the principal which
are necessary to prove eligibility of the principal for Medicaid as described
in the application for Medicaid and specifies that any request for such
documentation must be accompanied by a copy of the application for Medicaid or
by other proof that the document is necessary to prove eligibility for
Medicaid;
(d) The power of attorney specifies that the
agent does not have authority to access money or any other asset of the
principal for any purpose; and
(e) The power of attorney specifies that the
power of attorney is only valid until eligibility of the principal for Medicaid
is determined or 6 months after the power of attorney is signed, whichever is
sooner.
6. A person who is named as agent pursuant
to paragraph (b) of subsection 4 shall not use the power of attorney for any
purpose other than to assist the principal to establish eligibility for
Medicaid and shall not use the power of attorney in a manner inconsistent with
the provisions of subsection 5. A person who violates the provisions of this
subsection is guilty of a category C felony and shall be punished as provided
in NRS 193.130.
7. As used in this section:
(a) “Assisted living facility” has the meaning
ascribed to it in NRS 422.2708.
(b) “Facility for skilled nursing” has the
meaning ascribed to it in NRS 449.0039.
(c) “Home for individual residential care” has
the meaning ascribed to it in NRS 449.0105.
(d) “Hospital” has the meaning ascribed to it in NRS 449.012.
(e) “Residential facility for groups” has the
meaning ascribed to it in NRS 449.017.
(Added to NRS by 2009, 176;
A 2011, 698;
2013, 923)
NRS 162A.230 Validity of power of attorney.
1. A power of attorney executed in this
State on or after October 1, 2009, is valid if its execution complies with NRS 162A.220.
2. A power of attorney executed in this
State before October 1, 2009, is valid if its execution complied with the law
of this State as it existed at the time of execution.
3. A power of attorney executed other than
in this State is valid in this State if, when the power of attorney was
executed, the execution complied with:
(a) The law of the jurisdiction that determines
the meaning and effect of the power of attorney pursuant to NRS 162A.240; or
(b) The requirements for a military power of
attorney pursuant to 10 U.S.C. § 1044b.
4. Except as otherwise provided by
specific statute other than the provisions of NRS
162A.200 to 162A.660, inclusive, a photocopy
or electronically transmitted copy of an original power of attorney has the
same effect as the original power of attorney. An agent shall furnish an
affidavit to a third party on demand stating that the instrument relied on is a
true copy of the power of attorney and that, to the best of the agent’s
knowledge, the principal is alive and the relevant powers of the agent have not
been altered or terminated.
(Added to NRS by 2009, 176)
NRS 162A.240 Meaning and effect of power of attorney. The meaning and effect of a power of attorney
is determined by the law of the jurisdiction indicated in the power of attorney
and, in the absence of an indication of jurisdiction, by the law of the
jurisdiction in which the power of attorney was executed.
(Added to NRS by 2009, 177)
NRS 162A.250 Nomination of guardian of estate; relation of agent to
court-appointed guardian.
1. In a power of attorney, a principal may
nominate a guardian of the principal’s estate for consideration by the court if
guardianship proceedings for the principal’s estate or person are begun after
the principal executes the power of attorney.
2. If, after a principal executes a power
of attorney, a court appoints a guardian of the principal’s estate, the power
of attorney is terminated, unless the court allows the agent to retain specific
powers conferred by the power of attorney. In the event the court allows the
agent to retain specific powers, the agent shall file an accounting with the
court and the guardian on a quarterly basis or such other period as the court
may designate.
(Added to NRS by 2009, 177;
A 2013, 925)
NRS 162A.260 Time at which power of attorney is effective.
1. A power of attorney is effective when
executed unless the principal provides in the power of attorney that it becomes
effective at a future date or upon the occurrence of a future event or
contingency.
2. If a power of attorney becomes
effective upon the occurrence of a future event or contingency, the principal,
in the power of attorney, may authorize one or more persons to determine in a
writing or other record that the event or contingency has occurred.
3. If a power of attorney becomes
effective upon the principal’s incapacity and the principal has not authorized
a person to determine whether the principal is incapacitated, or the person
authorized is unable or unwilling to make the determination, the power of
attorney becomes effective upon a determination in a writing or other record by
a physician, psychiatrist or licensed psychologist that the principal is
incapacitated.
4. A person authorized by the principal in
the power of attorney to determine that the principal is incapacitated may act
as the principal’s personal representative pursuant to the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191, as amended, and
applicable regulations, to obtain a determination of incapacity.
(Added to NRS by 2009, 177)
NRS 162A.270 Termination of power of attorney or authority of agent.
1. A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the
power of attorney is not durable;
(c) The principal revokes the power of attorney;
(d) The power of attorney provides that it
terminates;
(e) The limited purpose of the power of attorney
is accomplished; or
(f) The principal revokes the agent’s authority
or the agent dies, becomes incapacitated or resigns, and the power of attorney
does not provide for another agent to act under the power of attorney.
2. An agent’s authority terminates when:
(a) The principal revokes the authority;
(b) The agent dies, becomes incapacitated or
resigns;
(c) An action is filed for the dissolution or
annulment of the agent’s marriage to the principal or their legal separation,
unless the power of attorney otherwise provides; or
(d) The power of attorney terminates.
3. Unless the power of attorney otherwise
provides, an agent’s authority is exercisable until the authority terminates
under subsection 2, notwithstanding a lapse of time since the execution of the
power of attorney.
4. Termination of an agent’s authority or
of a power of attorney is not effective as to the agent or another person that,
without actual knowledge of the termination, acts in good faith under the power
of attorney. An act so performed, unless otherwise invalid or unenforceable,
binds the principal and the principal’s successors in interest.
5. Incapacity of the principal of a power
of attorney that is not durable does not revoke or terminate the power of
attorney as to an agent or other person that, without actual knowledge of the
incapacity, acts in good faith under the power of attorney. An act so
performed, unless otherwise invalid or unenforceable, binds the principal and
the principal’s successors in interest.
6. The execution of a power of attorney
does not revoke a power of attorney previously executed by the principal unless
the subsequent power of attorney provides that the previous power of attorney
is revoked or that all other powers of attorney are revoked.
(Added to NRS by 2009, 177)
NRS 162A.280 Co-agents and successor agents.
1. A principal may designate two or more persons
to act as co-agents. Unless the power of attorney otherwise provides, each
co-agent may exercise its authority independently.
2. A principal may designate one or more
successor agents to act if an agent resigns, dies, becomes incapacitated, is
not qualified to serve or declines to serve. A principal may grant authority to
designate one or more successor agents to an agent or other person designated
by name, office or function. Unless the power of attorney otherwise provides, a
successor agent:
(a) Has the same authority as that granted to the
original agent; and
(b) May not act until all predecessor agents have
resigned, died, become incapacitated, are no longer qualified to serve or have
declined to serve.
3. Except as otherwise provided in subsection
4 and in the power of attorney, an agent that does not participate in or
conceal a breach of fiduciary duty committed by another agent, including a
predecessor agent, is not liable for the actions of the other agent.
4. An agent that has actual knowledge of a
breach or imminent breach of fiduciary duty by another agent shall notify the
principal and, if the principal is incapacitated, take any action reasonably
appropriate in the circumstances to safeguard the principal’s best interest. An
agent that fails to notify the principal or take action as required by this
subsection is liable for the reasonably foreseeable damages that could have
been avoided if the agent had notified the principal or taken such action.
(Added to NRS by 2009, 178)
NRS 162A.290 Reimbursement of agent. Unless
the power of attorney otherwise provides, an agent is entitled to reimbursement
of expenses reasonably incurred on behalf of the principal.
(Added to NRS by 2009, 178)
NRS 162A.300 Agent’s acceptance of appointment. Except
as otherwise provided in the power of attorney, a person accepts appointment as
an agent under a power of attorney by exercising authority or performing duties
as an agent or by any other assertion or conduct indicating acceptance.
(Added to NRS by 2009, 178)
NRS 162A.310 Duties of agent.
1. Notwithstanding provisions in the power
of attorney, an agent that has accepted appointment shall:
(a) Act in accordance with the principal’s
reasonable expectations to the extent actually known by the agent and,
otherwise, in the principal’s best interest;
(b) Act in good faith; and
(c) Act only within the scope of authority
granted in the power of attorney.
2. Except as otherwise provided in the
power of attorney, an agent that has accepted appointment shall:
(a) Act loyally for the principal’s benefit;
(b) Act so as not to create a conflict of
interest that impairs the agent’s ability to act impartially in the principal’s
best interest;
(c) Act with the care, competence and diligence
ordinarily exercised by agents in similar circumstances;
(d) Keep a record of all receipts, disbursements
and transactions made on behalf of the principal;
(e) Cooperate with a person that has authority to
make health care decisions for the principal; and
(f) Attempt to preserve the principal’s estate
plan, to the extent actually known by the agent, if preserving the plan is
consistent with the principal’s best interest based on all relevant factors,
including:
(1) The value and nature of the
principal’s property;
(2) The principal’s foreseeable
obligations and need for maintenance;
(3) Minimization of taxes, including
income, estate, inheritance, generation-skipping transfer and gift taxes; and
(4) Eligibility for a benefit, a program
or assistance under a statute or regulation.
3. An agent that acts in good faith is not
liable to any beneficiary of the principal’s estate plan for failure to
preserve the plan.
4. An agent that acts with care,
competence and diligence for the best interest of the principal is not liable
solely because the agent also benefits from the act or has an individual or
conflicting interest in relation to the property or affairs of the principal.
5. If an agent is selected by the
principal because of special skills or expertise possessed by the agent or in
reliance on the agent’s representation that the agent has special skills or
expertise, the special skills or expertise must be considered in determining
whether the agent has acted with care, competence and diligence under the
circumstances.
6. Absent a breach of duty to the
principal, an agent is not liable if the value of the principal’s property
declines.
7. An agent that exercises authority to
delegate to another person the authority granted by the principal or that
engages another person on behalf of the principal is not liable for an act,
error of judgment or default of that person if the agent exercises care,
competence and diligence in selecting and monitoring the person.
8. Except as otherwise provided in the
power of attorney, an agent is not required to disclose receipts, disbursements
or transactions conducted on behalf of the principal unless ordered by a court,
or requested by the principal, a guardian or other fiduciary acting for the
principal, a governmental agency having authority to protect the welfare of the
principal or, upon the death of the principal, by the personal representative
or successor in interest of the principal’s estate. If so requested, within 30
days the agent shall comply with the request or provide a writing or other
record substantiating why additional time is needed and shall comply with the request
within an additional 30 days.
(Added to NRS by 2009, 178)
NRS 162A.320 Exoneration of agent. A
provision in a power of attorney relieving an agent of liability for breach of
duty is binding on the principal and the principal’s successors in interest,
except to the extent the provision:
1. Relieves the agent of liability for
breach of duty committed dishonestly, with an improper motive or with reckless
indifference to the purposes of the power of attorney or the best interest of
the principal; or
2. Was inserted as a result of an abuse of
a confidential or fiduciary relationship with the principal.
(Added to NRS by 2009, 180)
NRS 162A.330 Judicial relief.
1. The following persons may petition a
court to construe a power of attorney or review the agent’s conduct, and grant
appropriate relief:
(a) The principal or the agent;
(b) A guardian or other fiduciary acting for the
principal;
(c) A person authorized to make health care
decisions for the principal;
(d) The principal’s spouse, parent or descendant;
(e) An individual who would qualify as a
presumptive heir of the principal;
(f) A person named as a beneficiary to receive
any property, benefit or contractual right on the principal’s death or as a
beneficiary of a trust created by or for the principal that has a financial
interest in the principal’s estate;
(g) A governmental agency having regulatory
authority to protect the welfare of the principal;
(h) A person asked to accept the power of
attorney; or
(i) The principal’s caregiver or another person
who demonstrates sufficient interest in the principal’s welfare.
2. Upon motion by the principal, the court
shall dismiss a petition filed under this section, unless:
(a) The court finds that the principal lacks
capacity to revoke the agent’s authority or the power of attorney; or
(b) A governmental agency has asserted abuse by
the agent regarding the agent’s actions under the power of attorney.
(Added to NRS by 2009, 180)
NRS 162A.340 Liability of agent. An
agent that violates NRS 162A.200 to 162A.660, inclusive, is liable to the principal or
the principal’s successors in interest for the amount required to:
1. Restore the value of the principal’s
property to what it would have been had the violation not occurred; and
2. Reimburse the principal or the
principal’s successors in interest for the attorney’s fees and costs paid on
the agent’s behalf.
(Added to NRS by 2009, 180)
NRS 162A.350 Resignation of agent; notice. Unless
the power of attorney provides a different method for an agent’s resignation,
an agent may resign by giving notice to the principal and, if the principal is
incapacitated:
1. To a co-agent or successor agent; or
2. If there is no person described in
subsection 1, to:
(a) The principal’s spouse, parent or descendant;
(b) The principal’s caregiver;
(c) Another person reasonably believed by the agent
to have sufficient interest in the principal’s welfare; or
(d) A governmental agency having authority to
protect the welfare of the principal.
(Added to NRS by 2009, 180)
NRS 162A.360 Acceptance of and reliance upon acknowledged power of attorney.
1. A person that in good faith accepts an
acknowledged power of attorney without actual knowledge that the signature is not
genuine may rely upon the presumption under NRS
162A.220 that the signature is genuine.
2. A person that in good faith accepts an
acknowledged power of attorney without actual knowledge that the power of
attorney is void, invalid or terminated, that the purported agent’s authority
is void, invalid or terminated, or that the agent is exceeding or improperly
exercising the agent’s authority may rely upon the power of attorney as if the power
of attorney were genuine, valid and still in effect, the agent’s authority were
genuine, valid and still in effect, and the agent had not exceeded and had
properly exercised the authority.
3. A person that is asked to accept an
acknowledged power of attorney may request, and rely upon, without further
investigation:
(a) An agent’s certification under penalty of
perjury of any factual matter concerning the principal, agent or power of
attorney;
(b) An English translation of the power of
attorney if the power of attorney contains, in whole or in part, language other
than English; and
(c) An opinion of counsel as to any matter of law
concerning the power of attorney if the person making the request provides in a
writing or other record the reason for the request.
4. An English translation or an opinion of
counsel requested under this section must be provided at the principal’s
expense unless the request is made more than 10 business days after the power
of attorney is presented for acceptance. If the request is made more than 10
business days after presentation of the power of attorney, the party requesting
the translation shall pay for the translation.
5. For purposes of this section, a person
that conducts activities through employees is without actual knowledge of a
fact relating to a power of attorney, a principal or an agent if the employee
conducting the transaction involving the power of attorney is without actual
knowledge of the fact.
(Added to NRS by 2009, 181)
NRS 162A.370 Liability for refusal to accept acknowledged power of attorney.
1. Except as otherwise provided in
subsection 2:
(a) A person shall either accept an acknowledged
power of attorney, or request a certification, a translation or an opinion of
counsel pursuant to NRS 162A.360, not later than
10 business days after presentation of the power of attorney for acceptance;
(b) If a person requests a certification, a
translation or an opinion of counsel pursuant to NRS
162A.360, the person shall accept the power of attorney not later than 5
business days after receipt of the certification, translation or opinion of counsel;
and
(c) A person may not require an additional or
different form of power of attorney for authority granted in the power of
attorney presented.
2. A person is not required to accept an
acknowledged power of attorney if:
(a) The person is not otherwise required to
engage in a transaction with the principal in the same circumstances;
(b) Engaging in a transaction with the agent or
the principal in the same circumstances would be inconsistent with federal law;
(c) The person has actual knowledge of the
termination of the agent’s authority or of the power of attorney before
exercise of the power;
(d) A request for a certification, a translation
or an opinion of counsel pursuant to NRS 162A.360
is refused;
(e) The person in good faith believes that the
power is not valid or that the agent does not have the authority to perform the
act requested, whether or not a certification, a translation or an opinion of
counsel has been requested or provided pursuant to NRS
162A.360; or
(f) The person makes, or has actual knowledge
that another person has made, a report pursuant to NRS 200.5093 stating a good faith belief
that the principal may be subject to abuse, neglect, exploitation or isolation
by the agent or a person acting for or with the agent.
3. A person that refuses in violation of
this section to accept an acknowledged power of attorney is subject to:
(a) A court order mandating acceptance of the
power of attorney; and
(b) Liability for reasonable attorney’s fees and
costs incurred in any action or proceeding that confirms the validity of the
power of attorney or mandates acceptance of the power of attorney.
(Added to NRS by 2009, 181)
NRS 162A.380 Principles of law and equity. Unless
displaced by a provision of NRS 162A.200 to 162A.660, inclusive, the principles of law and equity
supplement NRS 162A.200 to 162A.660,
inclusive.
(Added to NRS by 2009, 182)
NRS 162A.390 Laws applicable to financial institutions and entities. NRS 162A.200 to 162A.660, inclusive, does not supersede any other law
applicable to financial institutions or other entities, and the other law
controls if inconsistent with NRS 162A.200 to 162A.660, inclusive.
(Added to NRS by 2009, 182)
NRS 162A.400 Remedies under other law. The
remedies under NRS 162A.200 to 162A.660, inclusive, are not exclusive and do not
abrogate any right or remedy under the laws of this State other than NRS 162A.200 to 162A.660,
inclusive.
(Added to NRS by 2009, 182)
Authority
NRS 162A.450 Grant of specific authority.
1. An agent under a power of attorney may
do the following on behalf of the principal or with the principal’s property
only if the power of attorney expressly grants the agent the authority and
exercise of the authority is not otherwise prohibited by another agreement or
instrument to which the authority or property is subject:
(a) Create, amend, revoke or terminate an inter
vivos trust;
(b) Make a gift;
(c) Create or change rights of survivorship;
(d) Create or change a beneficiary designation;
(e) Delegate authority granted under the power of
attorney;
(f) Waive the principal’s right to be a
beneficiary of a joint and survivor annuity, including a survivor benefit under
a retirement plan;
(g) Exercise fiduciary powers that the principal
has authority to delegate; or
(h) Disclaim property, including a power of
appointment.
2. Notwithstanding a grant of authority to
do an act described in subsection 1, unless the power of attorney otherwise
provides, an agent that is not a spouse of the principal may not exercise
authority under a power of attorney to create in the agent, or in an individual
to whom the agent owes a legal obligation of support, an interest in the
principal’s property, whether by gift, right of survivorship, beneficiary
designation, disclaimer or otherwise.
(Added to NRS by 2009, 182)
NRS 162A.460 Grant of general authority; incorporation of authority.
1. Except as otherwise provided in NRS 162A.450, if a power of attorney grants to an
agent authority to do all acts that a principal could do or refers to general
authority or cites a section of NRS 162A.200 to 162A.660, inclusive, in which the authority is
described, the agent has the general authority described in NRS 162A.200 to 162A.660,
inclusive.
2. A reference in a power of attorney to
any part of a section in NRS 162A.200 to 162A.660, inclusive, incorporates the entire section
as if it were set out in full in the power of attorney.
3. A principal may modify authority
incorporated by reference.
4. Except as otherwise provided in NRS 162A.450, if the subjects over which authority is
granted in a power of attorney are similar or overlap, the broadest authority
controls.
5. Authority granted in a power of
attorney is exercisable with respect to property that the principal has when
the power of attorney is executed or acquires later, whether or not the
property is located in this State and whether or not the authority is exercised
or the power of attorney is executed in this State.
6. An act performed by an agent pursuant
to a power of attorney has the same effect and inures to the benefit of and
binds the principal and the principal’s successors in interest as if the
principal had performed the act.
(Added to NRS by 2009, 182)
NRS 162A.470 Construction of authority generally. Except
as otherwise provided in the power of attorney, by executing a power of
attorney that incorporates by reference a subject described in NRS 162A.200 to 162A.660,
inclusive, or that grants to an agent authority to do all acts that a principal
could do pursuant to this chapter, a principal authorizes the agent to:
1. Demand, receive and obtain, by
litigation or otherwise, money or another thing of value to which the principal
is, may become or claims to be entitled, and conserve, invest, disburse or use
anything so received or obtained for the purposes intended;
2. Contract in any manner with any person,
on terms agreeable to the agent, to accomplish a purpose of a transaction and
perform, rescind, cancel, terminate, reform, restate, release or modify the
contract or another contract made by or on behalf of the principal;
3. Execute, acknowledge, seal, deliver,
file or record any instrument or communication the agent considers desirable to
accomplish a purpose of a transaction, including creating at any time a
schedule listing some or all of the principal’s property and attaching it to
the power of attorney;
4. Initiate, participate in, submit to
alternative dispute resolution, settle, oppose, propose or accept a compromise
with respect to a claim existing in favor of or against the principal or
intervene in litigation relating to the claim;
5. Seek on the principal’s behalf the
assistance of a court or other governmental agency to carry out an act
authorized in the power of attorney;
6. Engage, compensate and discharge an
attorney, accountant, discretionary investment manager, expert witness or other
advisor;
7. Prepare, execute and file a record,
report or other document to safeguard or promote the principal’s interest under
a statute or regulation;
8. Communicate with any representative or
employee of a government or governmental subdivision, agency or instrumentality
on behalf of the principal;
9. Access communications intended for, and
communicate on behalf of, the principal, whether by mail, electronic
transmission, telephone or other means; and
10. Do any lawful act with respect to the
subject and all property related to the subject.
(Added to NRS by 2009, 183)
NRS 162A.480 Real property.
1. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with
respect to real property authorizes:
(a) The agent to demand, buy, lease, receive,
accept as a gift or as security for an extension of credit, or otherwise
acquire or reject an interest in real property or a right incident to real
property;
(b) The agent to:
(1) Sell;
(2) Exchange;
(3) Convey with or without covenants,
representations or warranties;
(4) Quitclaim;
(5) Release;
(6) Surrender;
(7) Retain title for security;
(8) Encumber;
(9) Partition;
(10) Consent to partitioning;
(11) Subject to an easement or covenant;
(12) Subdivide;
(13) Apply for zoning or other
governmental permits;
(14) Plat or consent to platting;
(15) Develop;
(16) Grant an option concerning;
(17) Lease;
(18) Sublease;
(19) Contribute to an entity in exchange
for an interest in that entity; or
(20) Otherwise grant or dispose of,
Ê an interest
in real property or a right incident to real property;
(c) The agent to pledge or mortgage an interest
in real property or right incident to real property as security to borrow money
or pay, renew or extend the time of payment of a debt of the principal or a
debt guaranteed by the principal;
(d) The agent to release, assign, satisfy or
enforce by litigation or otherwise a mortgage, deed of trust, conditional sale
contract, encumbrance, lien or other claim to real property which exists or is
asserted;
(e) The agent to manage or conserve an interest
in real property or a right incident to real property owned or claimed to be
owned by the principal, including:
(1) Insuring against liability or casualty
or other loss;
(2) Obtaining or regaining possession of
or protecting the interest or right by litigation or otherwise;
(3) Paying, assessing, compromising or
contesting taxes or assessments or applying for and receiving refunds in
connection with them; and
(4) Purchasing supplies, hiring assistance
or labor, and making repairs or alterations to the real property;
(f) The agent to use, develop, alter, replace,
remove, erect or install structures or other improvements upon real property in
or incident to which the principal has, or claims to have, an interest or right;
(g) The agent to participate in a reorganization
with respect to real property or an entity that owns an interest in or right
incident to real property and receive, and hold, and act with respect to stocks
and bonds or other property received in a plan of reorganization, including:
(1) Selling or otherwise disposing of
them;
(2) Exercising or selling an option, right
of conversion or similar right with respect to them; and
(3) Exercising any voting rights in person
or by proxy;
(h) The agent to change the form of title of an
interest in or right incident to real property; and
(i) The agent to dedicate to public use, with or
without consideration, easements or other real property in which the principal
has, or claims to have, an interest.
2. Every power of attorney, or other
instrument in writing, containing the power to convey any real property as
agent or attorney for the owner thereof, or to execute, as agent or attorney
for another, any conveyance whereby any real property is conveyed, or may be
affected, must be recorded as other conveyances whereby real property is
conveyed or affected are required to be recorded.
3. No such power of attorney or other
instrument, recorded in the manner prescribed in subsection 2, shall be deemed
to be revoked by any act of the principal, until the instrument containing such
revocation is deposited for record in the same office in which the instrument
containing the power is recorded.
(Added to NRS by 2009, 184)
NRS 162A.490 Tangible personal property. Unless
the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to tangible personal property
authorizes:
1. The agent to demand, buy, receive,
accept as a gift or as security for an extension of credit, or otherwise
acquire or reject ownership or possession of tangible personal property or an
interest in tangible personal property;
2. The agent to:
(a) Sell;
(b) Exchange;
(c) Convey with or without covenants,
representations or warranties;
(d) Quitclaim;
(e) Release;
(f) Surrender;
(g) Create a security interest in;
(h) Grant options concerning;
(i) Lease;
(j) Sublease; or
(k) Otherwise dispose of,
Ê tangible
personal property or an interest in tangible personal property;
3. The agent to grant a security interest
in tangible personal property or an interest in tangible personal property as
security to borrow money or pay, renew or extend the time of payment of a debt
of the principal or a debt guaranteed by the principal;
4. The agent to release, assign, satisfy
or enforce by litigation or otherwise, a security interest, lien or other claim
on behalf of the principal, with respect to tangible personal property or an
interest in tangible personal property;
5. The agent to manage or conserve
tangible personal property or an interest in tangible personal property on
behalf of the principal, including:
(a) Insuring against liability or casualty or
other loss;
(b) Obtaining or regaining possession of or
protecting the property or interest, by litigation or otherwise;
(c) Paying, assessing, compromising or contesting
taxes or assessments, or applying for and receiving refunds in connection with
taxes or assessments;
(d) Moving the property from place to place;
(e) Storing the property for hire or on a
gratuitous bailment; and
(f) Using and making repairs, alterations or
improvements to the property; and
6. The agent to change the form of title
of an interest in tangible personal property.
(Added to NRS by 2009, 185)
NRS 162A.500 Stocks and bonds. Unless
the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to stocks and bonds authorizes the
agent to:
1. Buy, sell and exchange stocks and
bonds;
2. Establish, continue, modify or
terminate an account with respect to stocks and bonds;
3. Pledge stocks and bonds as security to
borrow, pay, renew or extend the time of payment of a debt of the principal;
4. Receive certificates and other
evidences of ownership with respect to stocks and bonds; and
5. Exercise voting rights with respect to
stocks and bonds in person or by proxy, enter into voting trusts and consent to
limitations on the right to vote.
(Added to NRS by 2009, 186)
NRS 162A.510 Commodities and options. Unless
the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to commodities and options authorizes
the agent to:
1. Buy, sell, exchange, assign, settle and
exercise commodity futures contracts and call or put options on stocks or stock
indexes traded on a regulated option exchange; and
2. Establish, continue, modify and
terminate option accounts.
(Added to NRS by 2009, 186)
NRS 162A.520 Banks and other financial institutions.
1. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect
to banks and other financial institutions authorizes the agent to:
(a) Continue, modify and terminate an account or
other banking arrangement made by or on behalf of the principal;
(b) Establish, modify and terminate an account or
other banking arrangement with a bank, trust company, savings and loan
association, credit union, thrift company, brokerage firm or other financial
institution selected by the agent;
(c) Contract for services available from a
financial institution, including renting a safe deposit box or space in a
vault;
(d) Withdraw, by check, order, electronic funds
transfer or otherwise, money or property of the principal deposited with or
left in the custody of a financial institution;
(e) Receive statements of account, vouchers,
notices and similar documents from a financial institution and act with respect
to them;
(f) Enter a safe deposit box or vault and
withdraw or add to the contents;
(g) Borrow money and pledge as security personal
property of the principal necessary to borrow money or pay, renew or extend the
time of payment of a debt of the principal or a debt guaranteed by the
principal;
(h) Make, assign, draw, endorse, discount,
guarantee and negotiate promissory notes, checks, drafts and other negotiable
or nonnegotiable paper of the principal or payable to the principal or the
principal’s order, transfer money, receive the cash or other proceeds of those
transactions, and accept a draft drawn by a person upon the principal and pay
it when due;
(i) Receive for the principal and act upon a
sight draft, warehouse receipt or other document of title whether tangible or
electronic, or other negotiable or nonnegotiable instrument;
(j) Apply for, receive and use letters of credit,
credit and debit cards, electronic transaction authorizations and traveler’s
checks from a financial institution and give an indemnity or other agreement in
connection with letters of credit; and
(k) Consent to an extension of the time of
payment with respect to commercial paper or a financial transaction with a
financial institution.
2. An agent who is not the spouse of the
principal must not be listed on any account as a cosigner with right of
survivorship, but must be listed on the account solely as power of attorney.
(Added to NRS by 2009, 186)
NRS 162A.530 Operation of entity or business. Subject
to the terms of a document or an agreement governing an entity or an entity
ownership interest, and unless the power of attorney otherwise provides,
language in a power of attorney granting general authority with respect to
operation of an entity or business authorizes the agent to:
1. Operate, buy, sell, enlarge, reduce or
terminate an ownership interest.
2. Perform a duty or discharge a liability
and exercise in person or by proxy a right, power, privilege or option that the
principal has, may have or claims to have.
3. Enforce the terms of an ownership
agreement.
4. Initiate, participate in, submit to
alternative dispute resolution, settle, oppose, propose or accept a compromise
with respect to litigation to which the principal is a party because of an
ownership interest.
5. Exercise in person or by proxy, or enforce
by litigation or otherwise, a right, power, privilege or option the principal
has or claims to have as the holder of stocks and bonds.
6. Initiate, participate in, submit to
alternative dispute resolution, settle, oppose, propose or accept a compromise
with respect to litigation to which the principal is a party concerning stocks
and bonds.
7. With respect to an entity or business
owned solely by the principal:
(a) Continue, modify, renegotiate, extend and
terminate a contract made by or on behalf of the principal with respect to the
entity or business before execution of the power of attorney;
(b) Determine:
(1) The location of its operation;
(2) The nature and extent of its business;
(3) The methods of manufacturing, selling,
merchandising, financing, accounting and advertising employed in its operation;
(4) The amount and types of insurance
carried; and
(5) The mode of engaging, compensating and
dealing with its employees and accountants, attorneys or other advisors;
(c) Change the name or form of organization under
which the entity or business is operated and enter into an ownership agreement
with other persons to take over all or part of the operation of the entity or
business; and
(d) Demand and receive money due or claimed by the
principal or on the principal’s behalf in the operation of the entity or
business and control and disburse the money in the operation of the entity or
business.
8. Put additional capital into an entity
or business in which the principal has an interest.
9. Join in a plan of reorganization,
consolidation, conversion, domestication or merger of the entity or business.
10. Sell or liquidate all or part of an
entity or business.
11. Establish the value of an entity or
business under a buy-out agreement to which the principal is a party.
12. Prepare, sign, file and deliver
reports, compilations of information, returns or other papers with respect to
an entity or business and make related payments.
13. Pay, compromise or contest taxes,
assessments, fines or penalties and perform any other act to protect the
principal from illegal or unnecessary taxation, assessments, fines or penalties
with respect to an entity or business, including attempts to recover, in any
manner permitted by law, money paid before or after the execution of the power
of attorney.
(Added to NRS by 2009, 187)
NRS 162A.540 Insurance and annuities. Unless
the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to insurance and annuities authorizes
the agent to:
1. Continue, pay the premium or make a contribution
on, modify, exchange, rescind, release or terminate a contract procured by or
on behalf of the principal which insures or provides an annuity to either the
principal or another person, whether or not the principal is a beneficiary
under the contract;
2. Procure new, different and additional
contracts of insurance and annuities for the principal and the principal’s
spouse, children and other dependents, select the amount, type of insurance or
annuity, and mode of payment and name one or more beneficiaries in accordance
with the principal’s established estate plan and any restrictions to designate
beneficiaries contained within the power of attorney;
3. Pay the premium or make a contribution
on, modify, exchange, rescind, release or terminate a contract of insurance or
annuity procured by the agent;
4. Apply for and receive a loan secured by
a contract of insurance or annuity;
5. Surrender and receive the cash
surrender value on a contract of insurance or annuity;
6. Exercise an election;
7. Exercise investment powers available
under a contract of insurance or annuity;
8. Change the manner of paying premiums on
a contract of insurance or annuity;
9. Change or convert the type of insurance
or annuity with respect to which the principal has or claims to have authority
described in this section;
10. Apply for and procure a benefit or
assistance under a statute or regulation to guarantee or pay premiums of a
contract of insurance on the life of the principal;
11. Collect, sell, assign, hypothecate,
borrow against or pledge the interest of the principal in a contract of
insurance or annuity;
12. Select the form and timing of the
payment of proceeds from a contract of insurance or annuity; and
13. Pay, from proceeds or otherwise,
compromise or contest, and apply for refunds in connection with, a tax or
assessment levied by a taxing authority with respect to a contract of insurance
or annuity or its proceeds or liability accruing by reason of the tax or
assessment.
(Added to NRS by 2009, 188)
NRS 162A.550 Estates, trusts and other beneficial interests.
1. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with
respect to estates, trusts and other beneficial interests authorizes the agent
to:
(a) Accept, receive, receipt for, sell, assign,
pledge or exchange a share in or payment from the fund;
(b) Demand or obtain money or another thing of
value to which the principal is, may become or claims to be entitled by reason
of the fund, by litigation or otherwise;
(c) Exercise for the benefit of the principal a
presently exercisable general power of appointment held by the principal;
(d) Initiate, participate in, submit to
alternative dispute resolution, settle, oppose, propose or accept a compromise
with respect to litigation to ascertain the meaning, validity or effect of a
deed, will, declaration of trust, or other instrument or transaction affecting
the interest of the principal;
(e) Initiate, participate in, submit to
alternative dispute resolution, settle, oppose, propose or accept a compromise
with respect to litigation to remove, substitute or surcharge a fiduciary;
(f) Conserve, invest, disburse or use anything
received for an authorized purpose; and
(g) Transfer an interest of the principal in real
property, stocks and bonds, accounts with financial institutions or securities
intermediaries, insurance, annuities and other property to the trustee of a
revocable trust created by the principal as settlor or grantor.
2. As used in this section, “estates,
trusts and other beneficial interests” means a trust, probate estate, escrow,
custodianship or fund from which the principal is, may become or claims to be
entitled to a share or payment.
(Added to NRS by 2009, 189)
NRS 162A.560 Claims and litigation. Unless
the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to claims and litigation authorizes the
agent to:
1. Assert and maintain before a court or
administrative agency a claim, claim for relief, cause of action, counterclaim,
offset, recoupment or defense, including an action to recover property or other
thing of value, recover damages sustained by the principal, eliminate or modify
tax liability, or seek an injunction, specific performance or other relief;
2. Bring an action to determine adverse
claims or intervene or otherwise participate in litigation;
3. Seek an attachment, garnishment, order
of arrest or other preliminary, provisional or intermediate relief and use an
available procedure to effect or satisfy a judgment, order or decree;
4. Make or accept a tender, offer of
judgment or admission of facts, submit a controversy on an agreed statement of
facts, consent to examination and bind the principal in litigation;
5. Submit to alternative dispute
resolution, settle, and propose or accept a compromise;
6. Waive the issuance and service of
process upon the principal, accept service of process, appear for the
principal, designate persons upon which process directed to the principal may
be served, execute and file or deliver stipulations on the principal’s behalf,
verify pleadings, seek appellate review, procure and give surety and indemnity
bonds, contract and pay for the preparation and printing of records and briefs,
and receive, execute and file or deliver a consent, waiver, release, confession
of judgment, satisfaction of judgment, notice, agreement or other instrument in
connection with the prosecution, settlement or defense of a claim or litigation;
7. Act for the principal with respect to
bankruptcy or insolvency, whether voluntary or involuntary, concerning the
principal or some other person, or with respect to a reorganization,
receivership or application for the appointment of a receiver or trustee which
affects an interest of the principal in property or other thing of value;
8. Pay a judgment, award or order against
the principal or a settlement made in connection with a claim or litigation;
and
9. Receive money or other thing of value
paid in settlement of or as proceeds of a claim or litigation.
(Added to NRS by 2009, 189)
NRS 162A.570 Personal and family maintenance. Unless
the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to personal and family maintenance
authorizes the agent to perform the acts necessary to maintain the customary
standard of living of the principal, including, but not limited to, authorizing
the agent to:
1. Make periodic payments of child support
and other family maintenance required by a court or governmental agency or an
agreement to which the principal is a party;
2. Provide normal domestic help, usual
vacations and travel expenses, and funds for shelter, clothing, food,
appropriate education, including postsecondary and vocational education, and
other current living costs for the principal;
3. Pay expenses for necessary health care
and custodial care on behalf of the principal;
4. Act as the principal’s personal
representative pursuant to the Health Insurance Portability and Accountability
Act of 1996, Public Law 104-191, as amended, and applicable regulations, in
making decisions related to the past, present or future payment for the
provision of health care consented to by the principal or anyone authorized
under the law of this State to consent to health care on behalf of the
principal;
5. Continue any provision made by the
principal for automobiles or other means of transportation, including
registering, licensing, insuring and replacing them;
6. Maintain credit and debit accounts for
the convenience of the principal and open new accounts; and
7. Continue payments incidental to the
membership or affiliation of the principal in a religious institution, club,
society, order or other organization or to continue contributions to those
organizations.
(Added to NRS by 2009, 190)
NRS 162A.580 Benefits from governmental programs or civil or military
service.
1. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with
respect to benefits from governmental programs or civil or military service
authorizes the agent to:
(a) Enroll in, apply for, select, reject, change,
amend or discontinue, on the principal’s behalf, a benefit or program;
(b) Prepare, file and maintain a claim of the
principal for a benefit or assistance, financial or otherwise, to which the
principal may be entitled under a statute or regulation;
(c) Initiate, participate in, submit to
alternative dispute resolution, settle, oppose, propose or accept a compromise
with respect to litigation concerning any benefit or assistance the principal
may be entitled to receive under a statute or regulation;
(d) Receive the financial proceeds of a claim,
and conserve, invest, disburse or use for a lawful purpose anything so
received;
(e) Execute vouchers in the name of the principal
for allowances and reimbursements payable by the United States or a foreign
government or by a state or subdivision of a state to the principal, including
allowances and reimbursements for transportation and for shipment of household
effects; and
(f) Take possession and order the removal and
shipment of property of the principal from a post, warehouse, depot, dock or
other place of storage or safekeeping, either governmental or private, and
execute and deliver a release, voucher, receipt, bill of lading, shipping
ticket, certificate or other instrument for that purpose.
2. As used in this section, “benefits from
governmental programs or civil or military service” means any benefit, program
or assistance provided under a statute or regulation including Social Security,
Medicare and Medicaid.
(Added to NRS by 2009, 191)
NRS 162A.590 Retirement plans.
1. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with
respect to retirement plans authorizes the agent to:
(a) Select the form and timing of payments under
a retirement plan and withdraw benefits from a plan;
(b) Make a rollover, including a direct
trustee-to-trustee rollover, of benefits from one retirement plan to another;
(c) Establish a retirement plan in the
principal’s name and name one or more beneficiaries in accordance with the
principal’s established estate plan and any restrictions to designate
beneficiaries contained within the power of attorney;
(d) Make contributions to a retirement plan;
(e) Exercise investment powers available under a
retirement plan; and
(f) Borrow from, sell assets to or purchase
assets from a retirement plan.
2. As used in this section, “retirement
plan” means a plan or account created by an employer, the principal or another
individual to provide retirement benefits or deferred compensation of which the
principal is a participant, beneficiary or owner, including a plan or account
under the following sections of the Internal Revenue Code:
(a) An individual retirement account under
section 408 of the Internal Revenue Code, 26 U.S.C. § 408, as amended;
(b) A Roth individual retirement account under
section 408A of the Internal Revenue Code, 26 U.S.C. § 408A, as amended;
(c) A deemed individual retirement account under
section 408(q) of the Internal Revenue Code, 26 U.S.C. § 408(q), as amended;
(d) An annuity or mutual fund custodial account
under section 403(b) of the Internal Revenue Code, 26 U.S.C. § 403(b), as
amended;
(e) A pension, profit-sharing, stock bonus or
other retirement plan qualified under section 401(a) of the Internal Revenue
Code, 26 U.S.C. § 401(a), as amended;
(f) A plan under section 457(b) of the Internal
Revenue Code, 26 U.S.C. § 457(b), as amended; and
(g) A nonqualified deferred compensation plan
under section 409A of the Internal Revenue Code, 26 U.S.C. § 409A, as amended.
(Added to NRS by 2009, 191)
NRS 162A.600 Taxes. Unless the
power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to taxes authorizes the agent to:
1. Prepare, sign and file federal, state,
local and foreign income, gift, payroll, property, Federal Insurance
Contributions Act and other tax returns, claims for refunds, requests for
extension of time, petitions regarding tax matters and any other tax-related
documents, including receipts, offers, waivers, consents, including consents
and agreements under section 2032A of the Internal Revenue Code, 26 U.S.C. §
2032A, as amended, closing agreements, and any power of attorney required by
the Internal Revenue Service or other taxing authority with respect to a tax
year upon which the statute of limitations has not run and the following 25 tax
years;
2. Pay taxes due, collect refunds, post
bonds, receive confidential information, and contest deficiencies determined by
the Internal Revenue Service or other taxing authority;
3. Exercise any election available to the
principal under federal, state, local or foreign tax law; and
4. Act for the principal in all tax
matters for all periods before the Internal Revenue Service or other taxing
authority.
(Added to NRS by 2009, 192)
NRS 162A.610 Gifts.
1. Unless the power of attorney otherwise
provides, an agent has no authority to make a gift to any party on behalf of
the principal.
2. If the power of attorney grants the
agent the authority to make gifts, the agent may:
(a) Make outright to, or for the benefit of, a
person, a gift of any of the principal’s property, including by the exercise of
a presently exercisable general power of appointment held by the principal, in
an amount per donee not to exceed the annual dollar limits of the federal gift
tax exclusion under section 2503(b) of the Internal Revenue Code, 26 U.S.C. §
2503(b), as amended, without regard to whether the federal gift tax exclusion
applies to the gift or, if the principal’s spouse agrees to consent to a split
gift pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. § 2513,
as amended, in an amount per donee not to exceed twice the annual federal gift
tax exclusion limit; and
(b) Consent, pursuant to section 2513 of the
Internal Revenue Code, 26 U.S.C. § 2513, as amended, to the splitting of a gift
made by the principal’s spouse in an amount per donee not to exceed the
aggregate annual gift tax exclusions for both spouses.
3. An agent may make a gift of the
principal’s property only as the agent determines is consistent with the
principal’s objectives if actually known by the agent and, if unknown, as the
agent determines is consistent with the principal’s best interest based on all
relevant factors, including:
(a) The value and nature of the principal’s
property;
(b) The principal’s foreseeable obligations and
need for maintenance;
(c) Minimization of taxes, including income,
estate, inheritance, generation-skipping transfer and gift taxes;
(d) Eligibility for a benefit, a program or
assistance under a statute or regulation; and
(e) The principal’s personal history of making or
joining in making gifts.
4. As used in this section, a gift “for
the benefit of” a person includes a gift to a trust, an account under the
Uniform Transfers to Minors Act, and a tuition savings account or prepaid
tuition plan as defined under section 529 of the Internal Revenue Code, 26
U.S.C. § 529, as amended.
(Added to NRS by 2009, 192)
Form
NRS 162A.620 Power of attorney. A
document substantially in the following form may be used to create a statutory
form power of attorney that has the meaning and effect prescribed by NRS 162A.200 to 162A.660,
inclusive:
STATUTORY
FORM POWER OF ATTORNEY
THIS IS AN IMPORTANT LEGAL
DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE
EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT
GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE DECISIONS
CONCERNING YOUR PROPERTY FOR YOU. YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND
ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE
ABLE TO ACT FOR YOURSELF.
2. THIS POWER OF
ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE
SPECIAL INSTRUCTIONS.
3. THIS POWER OF
ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.
4. THE PERSON
YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES
AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE
UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
5. YOU SHOULD
SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE,
GENERALLY THE AGENT’S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER
OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.
6. YOUR AGENT IS
ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.
7. THIS FORM
PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT
YOU MAY NAME A CO-AGENT IN THE SPECIAL INSTRUCTIONS. CO-AGENTS ARE NOT REQUIRED
TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.
8. IF YOUR AGENT
IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR POWER OF ATTORNEY WILL END UNLESS
YOU HAVE NAMED A SUCCESSOR AGENT. YOU MAY ALSO NAME A SECOND SUCCESSOR AGENT.
9. YOU HAVE THE
RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS
DOCUMENT.
10. THIS
DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY.
11. IF THERE IS
ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER
TO EXPLAIN IT TO YOU.
1. DESIGNATION
OF AGENT.
I, ................................................................................................................................
(insert your name) do hereby
designate and appoint:
Name: ................................................................................................................
Address: .............................................................................................................
Telephone Number: ........................................................................................
as my agent to make decisions for me
and in my name, place and stead and for my use and benefit and to exercise the
powers as authorized in this document.
2. DESIGNATION
OF ALTERNATE AGENT.
(You are not required to
designate any alternative agent but you may do so. Any alternative agent you
designate will be able to make the same decisions as the agent designated above
in the event that he or she is unable or unwilling to act as your agent. Also,
if the agent designated in paragraph 1 is your spouse, his or her designation
as your agent is automatically revoked by law if your marriage is dissolved.)
If my agent is unable or
unwilling to act for me, then I designate the following person(s) to serve as
my agent as authorized in this document, such person(s) to serve in the order
listed below:
A. First
Alternative Agent
Name:
Address:
Telephone Number:................................................................................................
B. Second
Alternative Agent
Name:
Address:
Telephone Number:................................................................................................
3. OTHER POWERS
OF ATTORNEY.
This Power of Attorney is
intended to, and does, revoke any prior Power of Attorney for financial matters
I have previously executed.
4. NOMINATION OF
GUARDIAN.
If, after execution of this
Power of Attorney, incompetency proceedings are initiated either for my estate
or my person, I hereby nominate as my guardian or conservator for consideration
by the court my agent herein named, in the order named.
5. GRANT OF
GENERAL AUTHORITY.
I grant my agent and any
successor agent(s) general authority to act for me with respect to the
following subjects:
(INITIAL each subject you want to
include in the agent’s general authority. If you wish to grant general
authority over all of the subjects you may initial “All Preceding Subjects”
instead of initialing each subject.)
[.....] Real Property
[.....] Tangible
Personal Property
[.....] Stocks and
Bonds
[.....] Commodities and
Options
[.....] Banks and Other
Financial Institutions
[.....] Safe Deposit
Boxes
[.....] Operation of
Entity or Business
[.....] Insurance and
Annuities
[.....] Estates, Trusts
and Other Beneficial Interests
[.....] Legal Affairs,
Claims and Litigation
[.....] Personal
Maintenance
[.....] Benefits from
Governmental Programs or Civil or Military Service
[.....] Retirement
Plans
[.....] Taxes
[.....] All Preceding
Subjects
6. GRANT OF
SPECIFIC AUTHORITY.
My agent MAY NOT do any of
the following specific acts for me UNLESS I have INITIALED the specific
authority listed below:
(CAUTION: Granting any of the
following will give your agent the authority to take actions that could
significantly reduce your property or change how your property is distributed
at your death. INITIAL ONLY the specific authority you WANT to give your
agent.)
[.....] Create, amend,
revoke or terminate an inter vivos, family, living, irrevocable or revocable
trust
[.....] Make a gift,
subject to the limitations of NRS and any special instructions in this Power of
Attorney
[.....] Create or
change rights of survivorship
[.....] Create or
change a beneficiary designation
[.....] Waive the
principal’s right to be a beneficiary of a joint and survivor annuity,
including a survivor benefit under a retirement plan
[.....] Exercise
fiduciary powers that the principal has authority to delegate
[.....] Disclaim or
refuse an interest in property, including a power of appointment
7. LIMITATION ON
AGENT’S AUTHORITY.
An agent that is not my
spouse MAY NOT use my property to benefit the agent or a person to whom the
agent owes an obligation of support unless I have included that authority in
the Special Instructions.
8. SPECIAL
INSTRUCTIONS OR OTHER OR ADDITIONAL AUTHORITY GRANTED TO AGENT:
9. DURABILITY
AND EFFECTIVE DATE. (INITIAL the clause(s) that applies.)
[.....] DURABLE. This
Power of Attorney shall not be affected by my subsequent disability or
incapacity.
[.....] SPRINGING
POWER. It is my intention and direction that my designated agent,
and any person or entity that my designated agent may transact business with on
my behalf, may rely on a written medical opinion issued by a licensed medical
doctor stating that I am disabled or incapacitated, and incapable of managing
my affairs, and that said medical opinion shall establish whether or not I am under
a disability for the purpose of establishing the authority of my designated
agent to act in accordance with this Power of Attorney.
[.....] I wish to have
this Power of Attorney become effective on the following date: .....
[.....] I wish to have
this Power of Attorney end on the following date: .....
10. THIRD PARTY
PROTECTION.
Third parties may rely upon
the validity of this Power of Attorney or a copy and the representations of my
agent as to all matters relating to any power granted to my agent, and no
person or agency who relies upon the representation of my agent, or the
authority granted by my agent, shall incur any liability to me or my estate as
a result of permitting my agent to exercise any power unless a third party
knows or has reason to know this Power of Attorney has terminated or is
invalid.
11. RELEASE OF
INFORMATION.
I agree to, authorize and
allow full release of information, by any government agency, business, creditor
or third party who may have information pertaining to my assets or income, to
my agent named herein.
12. SIGNATURE
AND ACKNOWLEDGMENT. YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY.
THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A
NOTARY PUBLIC.
I sign my name to this Power
of Attorney on
.............. (date) at .............................. (city),
......................... (state)
(Signature)
CERTIFICATE
OF ACKNOWLEDGMENT OF NOTARY PUBLIC
(You may use acknowledgment before a
notary public instead of the statement of witnesses.)
State of Nevada }
}ss.
County of................................................ }
On this .......... day of
.........., in the year ....., before me, ............................... (here
insert name of notary public) personally appeared
.............................. (here insert name of principal) personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to this instrument, and acknowledged that he or she
executed it. I declare under penalty of perjury that the person whose name is
ascribed to this instrument appears to be of sound mind and under no duress,
fraud or undue influence.
NOTARY SEAL ...............................................................
(Signature of Notary Public)
IMPORTANT
INFORMATION FOR AGENT
1. Agent’s
Duties. When you accept the authority granted under this Power of
Attorney, a special legal relationship is created between you and the
principal. This relationship imposes upon you legal duties that continue until
you resign or the Power of Attorney is terminated or revoked. You must:
(a) Do what you know
the principal reasonably expects you to do with the principal’s property or, if
you do not know the principal’s expectations, act in the principal’s best
interest;
(b) Act in good faith;
(c) Do nothing beyond
the authority granted in this Power of Attorney; and
(d) Disclose your
identity as an agent whenever you act for the principal by writing or printing
the name of the principal and signing your own name as “agent” in the following
manner:
(Principal’s Name) by (Your
Signature) as Agent
2. Unless the
Special Instructions in this Power of Attorney state otherwise, you must also:
(a) Act loyally for the
principal’s benefit;
(b) Avoid conflicts
that would impair your ability to act in the principal’s best interest;
(c) Act with care,
competence, and diligence;
(d) Keep a record of
all receipts, disbursements and transactions made on behalf of the principal;
(e) Cooperate with any
person that has authority to make health care decisions for the principal to do
what you know the principal reasonably expects or, if you do not know the
principal’s expectations, to act in the principal’s best interest; and
(f) Attempt to preserve
the principal’s estate plan if you know the plan and preserving the plan is
consistent with the principal’s best interest.
3. Termination
of Agent’s Authority. You must stop acting on behalf of the
principal if you learn of any event that terminates this Power of Attorney or
your authority under this Power of Attorney. Events that terminate a Power of
Attorney or your authority to act under a Power of Attorney include:
(a) Death of the
principal;
(b) The principal’s
revocation of the Power of Attorney or your authority;
(c) The occurrence of a
termination event stated in the Power of Attorney;
(d) The purpose of the
Power of Attorney is fully accomplished; or
(e) If you are married
to the principal, your marriage is dissolved.
4. Liability of
Agent. The meaning of the authority granted to you is defined in NRS 162A.200 to 162A.660,
inclusive. If you violate NRS 162A.200 to 162A.660, inclusive, or act outside the authority
granted in this Power of Attorney, you may be liable for any damages caused by
your violation.
5. If there is
anything about this document or your duties that you do not understand, you
should seek legal advice.
(Added to NRS by 2009, 193)
Miscellaneous Provisions
NRS 162A.650 Uniformity of application and construction. In applying and construing NRS 162A.200 to 162A.660,
inclusive, consideration must be given to the need to promote uniformity of the
law with respect to its subject matter among the states that enact it.
(Added to NRS by 2009, 207)
NRS 162A.660 Relation to Electronic Signatures in Global and National
Commerce Act. NRS 162A.200 to 162A.660,
inclusive, modifies, limits and supersedes the Electronic Signatures in Global
and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify,
limit or supersede section 101(c) of that Act, 15 U.S.C. § 7001(c), or
authorize electronic delivery of any of the notices described in section 103(b)
of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2009, 207)
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
NRS 162A.700 Applicability. NRS 162A.700 to 162A.860,
inclusive, apply to any power of attorney containing the authority to make
health care decisions.
(Added to NRS by 2009, 198;
A 2013, 925)
NRS 162A.710 Definitions. As
used in NRS 162A.700 to 162A.860,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 162A.720 to 162A.780,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 198;
A 2013, 925)
NRS 162A.720 “Attending physician” defined. “Attending
physician” means the physician who has primary responsibility for the treatment
and care of the patient.
(Added to NRS by 2009, 198)
NRS 162A.730 “Declaration” defined. “Declaration”
means a writing executed in accordance with the requirements of NRS 449.600.
(Added to NRS by 2009, 198)
NRS 162A.740 “Health care facility” defined. “Health
care facility” includes:
1. Any medical facility as defined in NRS 449.0151; and
2. Any facility for the dependent as
defined in NRS 449.0045.
(Added to NRS by 2009, 198;
A 2011, 91)
NRS 162A.750 “Life-sustaining treatment” defined. “Life-sustaining
treatment” means a medical procedure or intervention that, when administered to
a patient, serves only to prolong the process of dying.
(Added to NRS by 2009, 198)
NRS 162A.760 “Provider of health care” defined. “Provider
of health care” has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 2009, 198)
NRS 162A.770 “Qualified patient” defined. “Qualified
patient” means a patient, 18 years of age or older, who has executed a
declaration and who has been determined by the attending physician to be in a
terminal condition.
(Added to NRS by 2009, 198)
NRS 162A.780 “Terminal condition” defined. “Terminal
condition” means an incurable and irreversible condition that cannot be cured
or modified by any known current medical therapy or treatment, and which,
without the administration of life-sustaining treatment, will in the opinion of
the attending physician result in death within a relatively short time period.
(Added to NRS by 2009, 198)
NRS 162A.790 Execution of power of attorney; acknowledgment; witnesses;
certification of competency required for certain principals; validity of power
of attorney executed outside this State.
1. Any adult person may execute a power of
attorney enabling the agent named in the power of attorney to make decisions
concerning health care for the principal if that principal becomes incapable of
giving informed consent concerning such decisions.
2. A power of attorney for health care
must be signed by the principal. The principal’s signature on the power of
attorney for health care must be:
(a) Acknowledged before a notary public; or
(b) Witnessed by two adult witnesses who know the
principal personally.
3. Neither of the witnesses to a
principal’s signature may be:
(a) A provider of health care;
(b) An employee of a provider of health care;
(c) An operator of a health care facility;
(d) An employee of a health care facility; or
(e) The agent.
4. At least one of the witnesses to a
principal’s signature must be a person who is:
(a) Not related to the principal by blood,
marriage or adoption; and
(b) To the best of the witnesses’ knowledge, not
entitled to any part of the estate of the principal upon the death of the
principal.
5. If the principal resides in a hospital,
residential facility for groups, facility for skilled nursing or home for
individual residential care, at the time of the execution of the power of attorney,
a certification of competency of the principal from a physician, psychologist
or psychiatrist must be attached to the power of attorney.
6. A power of attorney executed in a
jurisdiction outside of this State is valid in this State if, when the power of
attorney was executed, the execution complied with the laws of that
jurisdiction or the requirements for a military power of attorney pursuant to
10 U.S.C. § 1044b.
7. As used in this section:
(a) “Facility for skilled nursing” has the
meaning ascribed to it in NRS 449.0039.
(b) “Home for individual residential care” has
the meaning ascribed to it in NRS 449.0105.
(c) “Hospital” has the meaning ascribed to it in NRS 449.012.
(d) “Residential facility for groups” has the
meaning ascribed to it in NRS 449.017.
(Added to NRS by 2009, 198;
A 2013, 925)
NRS 162A.800 Nomination of guardian of person; relation of agent to
court-appointed guardian; duties of guardian.
1. In a power of attorney for health care,
a principal may nominate a guardian of the principal’s person for consideration
by the court if guardianship proceedings for the principal’s person are begun
after the principal executes the power of attorney.
2. If, after a principal executes a power
of attorney for health care, a court appoints a guardian of the principal’s
person, the power of attorney is terminated. The guardian shall follow any
provisions contained in the power of attorney for health care delineating the
principal’s wishes for medical and end-of-life care.
(Added to NRS by 2009, 199)
NRS 162A.810 Time at which power of attorney is effective.
1. A power of attorney for health care is
effective when executed unless the principal provides in the power of attorney
that it becomes effective at a future date or upon incapacity.
2. If a power of attorney for health care
becomes effective upon the principal’s incapacity, the power of attorney
becomes effective upon a determination in a writing or other record by a
physician, psychiatrist or licensed psychologist that the principal is
incapacitated.
3. An agent named in the power of attorney
for health care may act as the principal’s personal representative pursuant to
the Health Insurance Portability and Accountability Act of 1996, Public Law
104-191, as amended, and applicable regulations, to obtain a determination of
incapacity.
(Added to NRS by 2009, 199)
NRS 162A.815 Acceptance and reliance upon acknowledged power of attorney.
1. A physician, health care facility or
other provider of health care that in good faith accepts an acknowledged power
of attorney for health care without actual knowledge that the signature is not
genuine may rely upon the presumption that the signature is genuine.
2. A physician, health care facility or
other provider of health care that in good faith accepts an acknowledged power
of attorney for health care without actual knowledge that the power of attorney
for health care is void, invalid or terminated, or that the purported agent’s
authority is void, invalid or terminated, may rely upon the power of attorney
for health care as if the power of attorney for health care were genuine, valid
and still in effect, and the agent’s authority was genuine, valid and still in
effect.
3. A physician, health care facility or
other provider of health care that in good faith accepts an acknowledged power
of attorney for health care is not subject to civil or criminal liability or
discipline for unprofessional conduct for giving effect to a declaration
contained within the power of attorney for health care or for following the
direction of an agent named in the power of attorney for health care.
(Added to NRS by 2013, 923)
NRS 162A.820 Termination of power of attorney or authority of agent.
1. A power of attorney for health care
terminates when:
(a) The principal dies;
(b) The principal revokes the power of attorney;
(c) The power of attorney includes a termination
date; or
(d) The principal revokes the agent’s authority
or the agent dies, becomes incapacitated or resigns, and the power of attorney
does not provide for another agent to act under the power of attorney.
2. An agent’s authority under a power of
attorney for health care terminates when:
(a) The principal revokes the authority;
(b) The agent dies, becomes incapacitated or
resigns;
(c) An action is filed for the dissolution or
annulment of the agent’s marriage to the principal, unless the power of
attorney otherwise provides; or
(d) The power of attorney includes a termination
date.
3. Unless the power of attorney for health
care otherwise provides, an agent’s authority is exercisable until the
authority terminates under subsection 2, notwithstanding a lapse of time since
the execution of the power of attorney.
4. Termination of an agent’s authority or
of a power of attorney for health care is not effective as to the agent or
another person that, without actual knowledge of the termination, acts in good
faith under the power of attorney. An act so performed, unless otherwise
invalid or unenforceable, binds the principal and the principal’s successors in
interest.
5. An execution of a power of attorney for
health care automatically revokes any previous power of attorney to make health
care decisions.
6. If a power of attorney for health care
terminates while the principal is unable to make decisions concerning health
care, the power of attorney for health care remains valid until the principal
is again able to make such decisions.
(Added to NRS by 2009, 199)
NRS 162A.830 Co-agents and successor agents.
1. A principal may designate two or more
persons to act as co-agents. Unless the power of attorney for health care
otherwise provides, each co-agent may exercise its authority independently.
2. A principal may designate one or more
successor agents to act if an agent resigns, dies, becomes incapacitated, is
not qualified to serve or declines to serve. Unless the power of attorney for
health care otherwise provides, a successor agent:
(a) Has the same authority as that granted to the
original agent; and
(b) May not act until all predecessor agents have
resigned, died, become incapacitated, are no longer qualified to serve or have
declined to serve.
(Added to NRS by 2009, 200)
NRS 162A.840 Persons not eligible for designation as agent.
1. Except as otherwise provided in
subsection 2, a principal may not name as agent in a power of attorney for
health care:
(a) His or her provider of health care;
(b) An employee of his or her provider of health
care;
(c) An operator of a health care facility; or
(d) An employee of a health care facility.
2. A principal may name as agent any
person identified in subsection 1 if that person is the spouse, legal guardian
or next of kin of the principal.
(Added to NRS by 2009, 200)
NRS 162A.850 Agents: Prohibited acts; decisions concerning use or nonuse of
life-sustaining treatment.
1. The agent may not consent to:
(a) Commitment or placement of the principal in a
facility for treatment of mental illness;
(b) Convulsive treatment;
(c) Psychosurgery;
(d) Sterilization;
(e) Abortion;
(f) Aversive intervention, as that term is
defined in NRS 449.766;
(g) Experimental medical, biomedical or
behavioral treatment, or participation in any medical, biomedical or behavioral
research program; or
(h) Any other treatment to which the principal,
in the power of attorney for health care, states that the agent may not
consent.
2. The agent 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 for health care.
(Added to NRS by 2009, 200)
NRS 162A.860 Power of attorney: Form. The
form of a power of attorney for health care may be substantially in the
following form, and must be witnessed or executed in the same manner as the
following form:
DURABLE
POWER OF ATTORNEY
FOR
HEALTH CARE DECISIONS
WARNING
TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL
DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE
EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT
GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE
DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF
YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE
DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF
CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR
TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES
OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
2. THE PERSON
YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES
AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE
UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
3. EXCEPT AS YOU
OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO
MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR
DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.
4. UNLESS YOU
SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY
FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH
CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME
WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
5. NOTWITHSTANDING
THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE
DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO
THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER
YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED
IF YOU OBJECT.
6. YOU HAVE THE
RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO
MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION
ORALLY OR IN WRITING.
7. YOU HAVE THE
RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT
TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN,
HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.
8. THE PERSON
DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT
TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU
LIMIT THIS RIGHT IN THIS DOCUMENT.
9. THIS DOCUMENT
REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
10. IF THERE IS
ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER
TO EXPLAIN IT TO YOU.
1. DESIGNATION
OF HEALTH CARE AGENT.
I, ...............................................................................................................................
(insert your name) do hereby
designate and appoint:
Name: ...............................................................................................................
Address: ...........................................................................................................
Telephone Number: .......................................................................................
as my agent to make health care
decisions for me as authorized in this document.
(Insert the name and address
of the person you wish to designate as your agent to make health care decisions
for you. Unless the person is also your spouse, legal guardian or the person
most closely related to you by blood, none of the following may be designated
as your agent: (1) your treating provider of health care; (2) an employee of
your treating provider of health care; (3) an operator of a health care
facility; or (4) an employee of an operator of a health care facility.)
2. CREATION OF
DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
By this document I intend to
create a durable power of attorney by appointing the person designated above to
make health care decisions for me. This power of attorney shall not be affected
by my subsequent incapacity.
3. GENERAL
STATEMENT OF AUTHORITY GRANTED.
In the event that I am
incapable of giving informed consent with respect to health care decisions, I
hereby grant to the agent named above full power and authority: to make health
care decisions for me before or after my death, including consent, refusal of
consent or withdrawal of consent to any care, treatment, service or procedure
to maintain, diagnose or treat a physical or mental condition; to request,
review and receive any information, verbal or written, regarding my physical or
mental health, including, without limitation, medical and hospital records; to
execute on my behalf any releases or other documents that may be required to
obtain medical care and/or medical and hospital records, EXCEPT any power to
enter into any arbitration agreements or execute any arbitration clauses in
connection with admission to any health care facility including any skilled
nursing facility; and subject only to the limitations and special provisions,
if any, set forth in paragraph 4 or 6.
4. SPECIAL
PROVISIONS AND LIMITATIONS.
(Your agent is not permitted
to consent to any of the following: commitment to or placement in a mental
health treatment facility, convulsive treatment, psychosurgery, sterilization
or abortion. If there are any other types of treatment or placement that you do
not want your agent’s authority to give consent for or other restrictions you
wish to place on his or her agent’s authority, you should list them in the
space below. If you do not write any limitations, your agent will have the
broad powers to make health care decisions on your behalf which are set forth
in paragraph 3, except to the extent that there are limits provided by law.)
In exercising the authority
under this durable power of attorney for health care, the authority of my agent
is subject to the following special provisions and limitations:
5. DURATION.
I understand that this power
of attorney will exist indefinitely from the date I execute this document
unless I establish a shorter time. If I am unable to make health care decisions
for myself when this power of attorney expires, the authority I have granted my
agent will continue to exist until the time when I become able to make health
care decisions for myself.
(IF APPLICABLE)
I wish to have this power of
attorney end on the following date: ..........
6. STATEMENT OF
DESIRES.
(With respect to decisions to
withhold or withdraw life-sustaining treatment, your agent must make health
care decisions that are consistent with your known desires. You can, but are
not required to, indicate your desires below. If your desires are unknown, your
agent has the duty to act in your best interests; and, under some
circumstances, a judicial proceeding may be necessary so that a court can
determine the health care decision that is in your best interests. If you wish
to indicate your desires, you may INITIAL the statement or statements that
reflect your desires and/or write your own statements in the space below.)
(If the
statement
reflects
your desires,
initial
the box next to
the
statement.)
1. I desire that my
life be prolonged to the greatest extent possible, without regard to my
condition, the chances I have for recovery or long-term survival, or the cost
of the procedures. [ ]
2. If I am in a
coma which my doctors have reasonably concluded is irreversible, I desire that
life-sustaining or prolonging treatments not be used. (Also should utilize
provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph
is initialed.) [.................................... ]
3. If I have an
incurable or terminal condition or illness and no reasonable hope of long-term
recovery or survival, I desire that life-sustaining or prolonging treatments
not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph
is initialed.) [ ]
4. Withholding or
withdrawal of artificial nutrition and hydration may result in death by
starvation or dehydration. I want to receive or continue receiving artificial
nutrition and hydration by way of the gastrointestinal tract after all other
treatment is withheld................ [ ]
5. I do not desire
treatment to be provided and/or continued if the burdens of the treatment
outweigh the expected benefits. My agent is to consider the relief of
suffering, the preservation or restoration of functioning, and the quality as
well as the extent of the possible extension of my life. [ ]
(If you wish to change your
answer, you may do so by drawing an “X” through the answer you do not want, and
circling the answer you prefer.)
Other or Additional
Statements of Desires:........................................................
7. DESIGNATION
OF ALTERNATE AGENT.
(You are not required to
designate any alternative agent but you may do so. Any alternative agent you
designate will be able to make the same health care decisions as the agent
designated in paragraph 1, page 2, in the event that he or she is unable or
unwilling to act as your agent. Also, if the agent designated in paragraph 1 is
your spouse, his or her designation as your agent is automatically revoked by
law if your marriage is dissolved.)
If the person designated in
paragraph 1 as my agent is unable to make health care decisions for me, then I
designate the following persons to serve as my agent to make health care
decisions for me as authorized in this document, such persons to serve in the
order listed below:
A. First
Alternative Agent
Name: ...................................................................................................
Address: ................................................................................................
Telephone Number: ............................................................................
B. Second
Alternative Agent
Name: ...................................................................................................
Address: ................................................................................................
Telephone Number: ............................................................................
8. PRIOR
DESIGNATIONS REVOKED.
I revoke any prior durable
power of attorney for health care.
9. WAIVER OF
CONFLICT OF INTEREST.
If my designated agent is my
spouse or is one of my children, then I waive any conflict of interest in
carrying out the provisions of this Durable Power of Attorney for Health Care
that said spouse or child may have by reason of the fact that he or she may be
a beneficiary of my estate.
10. CHALLENGES.
If the legality of any
provision of this Durable Power of Attorney for Health Care is questioned by my
physician, my agent or a third party, then my agent is authorized to commence
an action for declaratory judgment as to the legality of the provision in
question. The cost of any such action is to be paid from my estate. This
Durable Power of Attorney for Health Care must be construed and interpreted in
accordance with the laws of the State of Nevada.
11. NOMINATION
OF GUARDIAN.
If, after execution of this
Durable Power of Attorney for Health Care, incompetency proceedings are
initiated either for my estate or my person, I hereby nominate as my guardian
or conservator for consideration by the court my agent herein named, in the
order named.
12. RELEASE OF
INFORMATION.
I agree to, authorize and
allow full release of information by any government agency, medical provider,
business, creditor or third party who may have information pertaining to my health
care, to my agent named herein, pursuant to the Health Insurance Portability
and Accountability Act of 1996, Public Law 104-191, as amended, and applicable
regulations.
(YOU
MUST DATE AND SIGN THIS POWER OF ATTORNEY)
I sign my name to this Durable
Power of Attorney for Health Care on .............. (date) at .............................. (city),
......................... (state)
(Signature)
(THIS POWER OF ATTORNEY WILL
NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY
AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE
PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE
A NOTARY PUBLIC.)
CERTIFICATE
OF ACKNOWLEDGMENT OF NOTARY PUBLIC
(You may use acknowledgment before a
notary public instead of the statement of witnesses.)
State of Nevada }
}ss.
County of................................................ }
On this................ day
of................, in the year..., before me,................................
(here insert name of notary public) personally
appeared................................ (here insert name of principal)
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he or she executed it. I declare under penalty of perjury that the person
whose name is ascribed to this instrument appears to be of sound mind and under
no duress, fraud or undue influence.
NOTARY SEAL ...............................................................
(Signature of Notary Public)
STATEMENT
OF WITNESSES
(You should carefully read and
follow this witnessing procedure. This document will not be valid unless you
comply with the witnessing procedure. If you elect to use witnesses instead of
having this document notarized, you must use two qualified adult witnesses. None
of the following may be used as a witness: (1) a person you designate as the
agent; (2) a provider of health care; (3) an employee of a provider of health
care; (4) the operator of a health care facility; or (5) an employee of an
operator of a health care facility. At least one of the witnesses must make the
additional declaration set out following the place where the witnesses sign.)
I declare under penalty of
perjury that the principal is personally known to me, that the principal signed
or acknowledged this durable power of attorney in my presence, that the
principal appears to be of sound mind and under no duress, fraud or undue
influence, that I am not the person appointed as agent by this document and
that I am not a provider of health care, an employee of a provider of health
care, the operator of a community care facility or an employee of an operator
of a health care facility.
Signature: .............................. Residence
Address: ..................................
Print Name: .......................... .......................................................................
Date: ...................................... .......................................................................
Signature: .............................. Residence
Address: ..................................
Print Name: .......................... .......................................................................
Date: ...................................... .......................................................................
(AT LEAST ONE OF THE ABOVE
WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)
I declare under penalty of
perjury that I am not related to the principal by blood, marriage or adoption
and that to the best of my knowledge, I am not entitled to any part of the
estate of the principal upon the death of the principal under a will now
existing or by operation of law.
Signature: ...............................................
Signature: ...............................................
Names: ................................... Address:.......................................................
Print Name: ............................ .......................................................................
Date: ....................................... .......................................................................
COPIES: You should
retain an executed copy of this document and give one to your agent. The power
of attorney should be available so a copy may be given to your providers of
health care.
(Added to NRS by 2009, 201;
A 2013, 926)