Any adult may execute a power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning principal health care
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Nevada Durable Power of Attorney for Health Care Decisions is an important legal document. It creates a durable power of attorney for health care. Before executing this legal document, you should know these important facts:
1. Nevada Durable Power of Attorney for Health Care Decisions document gives the person you designate as your attorney-in-fact 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 power of attorney. 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 poa 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 Nevada Durable Power of Attorney for Health Care Decisions or otherwise made known or, if your desires are unknown, to act in your best interests.
A principal may not name as attorney in fact in a power of attorney for health care:
- His provider of health care;
- An employee of his provider of health care;
- An operator of a health care facility; or
- An employee of a health care facility.
A principal may name as attorney in fact any person listed above if that person is the spouse, legal guardian or next of kin of the principal.
The form of a power of attorney for a disabled principal must be in substantially the statutory form.
3. Except as you otherwise specify in this legal form, 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.
There are certain limitations of powers that may be granted to an agent. An attorney in fact may not consent to: commitment or placement of the principal in a facility for treatment of mental illness; convulsive treatment; psychosurgery; sterilization; abortion; aversive intervention, as that term is defined in NRS 449.766; or any other treatment to which the principal, in the power of attorney, states that the attorney in fact may not consent.
An attorney in fact 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.
A principal may designate an alternate attorney in fact.
If a principal designates his spouse as the attorney in fact or as an alternate, that designation is automatically revoked if the principal and his spouse are divorced.
4. Unless you specify a shorter period in Power of Attorney for Health Care, 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 Nevada Durable Power of Attorney for Health Care Decisions, 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 your Power of Attorney for Health Care Decisions 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 Nevada Durable Power of Attorney for Health Care Decisions to make health care decisions for you by notifying the treating physician, hospital, or other provider of health care orally or in writing.
Execution of a power of attorney automatically revokes any previous power of attorney.
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. The Durable Power of Attorney for Health Care Decisions revokes any prior durable power of attorney for health care.
10. If there is anything in this legal document that you do not understand, you should ask a lawyer to explain it to you.
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.
Neither of the witnesses to a principal's signature may be:
- A provider of health care;
- An employee of a provider of health care;
- An operator of a health care facility;
- An employee of a health care facility; or
- The attorney in fact.
- At least one of the witnesses to a principal's signature must be a person who is:
not related to the principal by blood, marriage or adoption; and to the best of the witnesses knowledge, not entitled to any part of the estate of the principal upon the death of the principal.
You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint
about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier
to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about
the change or cancellation.
Do not sign the Nevada Power of Attorney for Health Care unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members.
If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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