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DURABLE POWER OF ATTORNEY
FOR HEALTH CARE DECISIONS
I. DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
WARNING TO PERSON EXECUTING THIS DOCUMENT:
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.
. DESIGNATION OF HEALTH CARE. I, , do hereby designate and appoint:
| Agent: |
| Address: |
| , |
| Phone: | Home: Work: |
| Relation, if any: |
as my Agent ("Agent") to make health care decisions for me as authorized in this document.
NOTE: Unless the person is also your spouse, legal guardian or next of kin, 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.
. 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.
. 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.
. 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 restriction 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 provisions and limitations:
. 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.
. 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 line below the statement.)
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.
________
(Initials)
SECOND ALTERNATE AGENT
| Agent: |
| Address: |
| , |
| Phone: | Home: Work: |
. PRIOR DESIGNATIONS REVOKED. I revoke any prior Durable Power of Attorney for Health Care.
. 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.
. 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.
my Agent herein named, in the order named. , , , .
II. GENERAL PROVISIONS
. HOLD HARMLESS. All persons or entities who in good faith endeavor to carry out the terms and provisions of this document shall not be liable to me, my estate, my heirs or assigns for any damages or claims arising because of their action or inaction based on this document, and my estate shall defend and indemnify them.
. SEVERABILITY. If any provision of this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
. STATEMENT OF INTENTIONS. It is my intent that this document be legally binding and effective. If the law does not recognize this document as legally binding and effective, it is my intent that this document be taken as a formal statement of my desire concerning the method by which any health care decisions should be made on my behalf during any period in which I am unable to make such decisions.
(YOU MUST DATE AND SIGN THIS DOCUMENT)
I sign my name to this Document on this _____ day of ____________________, _____, at _________________________, Nevada.
| Signature: | ________________________________________ |
| Name: |
| Address: |
| County |
(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.)
(THIS DOCUMENT WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE.)
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
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It's fast and simple to assign or receive the support you might need using a free Nevada Medical Power of Attorney template from Rocket Lawyer:
This route is, in most cases, notably less time-consuming than hiring and working with your average attorney. If needed, you may fill out a Medical PoA on behalf of your spouse or another relative, and then have that person sign it when ready. Please keep in mind that for a Power of Attorney to be accepted as legally valid, the principal must be mentally competent at the time of signing. In the event that the principal is already unable to make their own decisions, a conservatorship might be necessary. When facing such a situation, it's important to speak to an attorney .
.Every person over 18 years old ought to have a Medical Power of Attorney. While it may be challenging to acknowledge, a time will likely come when you aren't able to make medical decisions on your own. Typical situations where PoA forms can be helpful include:
Whether your Nevada Medical Power of Attorney has been created as a result of an urgent issue or as part of a long-term plan, witnesses and/or notarization can help to protect your agent if their power and authority are disputed by a third party.
In the process of researching the subjects of elder care and/or estate planning, you might hear the terms "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" used together. At the end of the day, they are the same. That being said, you should keep in mind that it's entirely possible to get agency over matters that are not related to health care. In that case, "proxy" usually is not the preferred term.
Nevada Medical PoA forms are generally straightforward; however, you or your agent(s) could still need legal advice. Locating an attorney to check your document can take a lot of time if you attempt to do it on your own. An alternate approach to consider is to request help from attorney services at Rocket Lawyer. Rocket Lawyer members can ask for a document review from an attorney with relevant experience or pose other legal questions. As always, you can Live Confidently® knowing that Rocket Lawyer is by your side.
The cost of hiring a legal provider to write a Medical Power of Attorney can total anywhere between two hundred and five hundred dollars, depending on your location. Rocket Lawyer isn't your average Power of Attorney template provider. With us, anyone under a Premium membership can take advantage of up to 40% in savings when hiring an attorney.
With a membership, you may make edits, save it as a Word or PDF document, or print it out. In order to wrap up your Power of Attorney, it should be signed. Take care to send a copy of your fully signed document to your agent(s) and care providers.
The guidelines will be different by state; however, in Nevada, your Power of Attorney will usually need notarization or the signatures of two witnesses. If your agent will have the authority to direct your cremation or burial, then notarization is required. The witnesses cannot be your healthcare providers or their employees, nor should they be the owners, operators, or employees of any healthcare facility that is providing your care. They should also not be anyone legally related to you (such as a spouse, adopted child, or family member) or any other heir/beneficiary. Finally, as a general principle, witnesses must be at least 18 years old, and no witness should also be your agent.
See Nevada Medical/Healthcare Power of Attorney law: Chapter 162A, Section 700
