Nevada Advance Directive Form [PDF]

An advance directive in Nevada is a legal document that outlines the individual’s (principal's) healthcare preferences in case they're unable to make decisions for themselves. This form typically includes a living will with instructions for life-sustaining treatments, psychiatric care, do-not-resuscitate orders, and more.

Advance care planning, which involves thinking about and documenting your future medical wishes, is an important step in completing an advance directive. It is also recommended to include a durable power of attorney for healthcare (also known as medical power of attorney), which allows you to appoint someone to make healthcare decisions on your behalf.

Signing Requirements for Nevada Advance Health Care Directive

Signing requirements for Nevada advance health care directive are stated in Section 449A.436 of the Nevada Revised Statutes and prescribe that the principal must sign the advance directive in the presence of two adult witnesses who are not disqualified by law.

While notarization is not required for an advance directive to be legally valid, having the document notarized can provide additional assurance that the document is authentic and properly executed.

Nevada Advance Health Care Directive Revocation & Changing

Nevada advance directive becomes effective when it is communicated to a health care provider, and two qualified health care providers—one being the attending physician or a licensed psychologist—determine that the principal can no longer make or communicate health care decisions.

According to Section NRS 449A.633, a principal can revoke an advance directive for health care at any time and in any way, as long as they are capable of making that decision. The revocation can be communicated by any means that clearly expresses the principal’s intent to revoke the document. In addition, the principal must inform their attending physician or another health care provider about the revocation.

Additional Legal Considerations for Nevada Advance Health Care Directive

According to Section NRS 449A.457, if a physician or health care provider cannot follow the instructions in a health care advance directive under Nevada law, they must make every reasonable effort to transfer the principal’s psychiatric care to another qualified physician or provider as quickly as possible.

Section NRS 449A.645 specifies that an advance directive created in another state is valid in Nevada as long as it complies with the laws of that state or Nevada.

As stated in Section NRS 449A.715, to register an advance directive form in Nevada, you must submit an application, a copy of the directive, and any required fee to the Secretary of State. Once registered, the directive is added to the online Registry, and you’ll receive a registration number, password, and card. Access to the directive requires the registration number and password, court order, or the registrant’s/representative’s request.

How to Choose a Health Care Agent in Nevada

To choose a Nevada health care proxy (agent), pick someone trustworthy, at least 18 years old, and capable of making sound decisions under pressure. While close family or friends are common choices, avoid selecting your doctor, health care provider, or anyone associated with your care facility, as Nevada law prohibits them from serving as agents.

Ensure the agent understands your values and preferences and is willing to take on this responsibility.

What Happens if You Don’t Have an Advance Directive in Nevada?

If you don't have an advance directive in Nevada, the responsibility for making decisions about your medical care will fall to your loved ones if you cannot communicate.

They will have to rely on doctors’ advice or what they believe is best for you, but there's no certainty that those decisions will align with your wishes. An advance directive ensures that your medical preferences are clearly outlined and followed, even when you cannot speak for yourself.