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Nrs: Chapter 162A - Power Of Attorney For Financial Matters And Durable Power Of Attorney For Health Care Decisions


Published: 2015

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[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)