A Nevada power of attorney is a document issued by the principal that authorizes another person, the agent, to represent them and conduct certain actions on their behalf.
The main reason the principal issues a power of attorney is their inability to represent themselves due to various reasons, namely:
Reasons for Authorization
Due to their physical or mental illness
Because of the lack of professional knowledge to conduct a certain legal, financial, or real estate auction
Due to the fact that they are far away from the place where they need to conduct a certain action
Based on the specific reasons you are issuing the Nevada power of attorney, you should choose a person that you trust. Moreover, they should be located near the place where action is needed and have the capability and professional knowledge to represent you and your interests.
Types of Power of Attorney in Nevada
Nevada Durable (Statutory) Power of Attorney Requirements
This type of Nevada power of attorney remains in effect even after the principal becomes incapacitated. Moreover, the principal can make this document come into effect from the moment of its issuing or from the moment they become incapacitated.
Nevada General (Financial) Power of Attorney Requirements
The general power of attorney is a document that gives broad authorization to the agent to represent the principal in all matters and before all governmental, financial, and other institutions, as provided in NRS 162A.470.
Nevada Limited (Special) Power of Attorney Requirements
Unlike the general power of attorney, this document provides a list of powers the agent can have and limits the scope of their action. If the principal issues a power of attorney for a single action or transaction, it automatically terminates after the action is completed.
Nevada Parental (Minors) Power of Attorney Requirements
If you wish to authorize another person to have the authority to make decisions about your child's care, education, or health, issue a Nevada parental power of attorney. The guardianship established this way is valid for only 6 months.
Nevada Medical Power of Attorney Requirements
The medical power of attorney in Nevada authorizes the agent to make decisions regarding the principal's medical treatment. The agent is not allowed to make decisions regarding the principal’s psychosurgery, sterilization, abortion, or other treatments provided in NRS 162A.850.
Nevada Springing Power of Attorney Requirements
This type of power of attorney “springs” into effect under the circumstances determined by the principal. They can specify that the power of attorney becomes effective after a certain date or after some event.
Nevada Vehicle Power of Attorney Requirements
If you wish to authorize another person to sell or buy a vehicle, apply for or release the title, or apply for the vehicle registration, draft the Nevada vehicle power of attorney.
Nevada Revocation of Power of Attorney Requirements
By issuing this document, you can revoke any previous power of attorney that’s in effect. Note that you should inform all the relevant parties of the revocation.
Nevada Tax Power of Attorney Requirements
The principal can use the Nevada tax power of attorney to authorize their accountant to communicate with the Nevada tax authorities, submit tax reports, and take other tax-related actions on their behalf.
Nevada Real Estate Power of Attorney Requirements
You can use this Nevada power of attorney to authorize your real estate agent to make a real estate transaction on your behalf. Moreover, you can authorize someone to manage your real estate property if you cannot do so yourself.
Legal Requirements for a Power of Attorney in Nevada
When drafting the Nevada power of attorney, you should make sure it follows the requirements listed below:
Witnesses. When issuing a Nevada healthcare power of attorney, you need to have 2 witnesses acknowledging the document. Alternatively, this requirement can be omitted if the notary public acknowledges the document.
Mental capacity. The principal must be mentally capable of understanding the consequences of their action when signing a power of attorney. For the signature of the medical power of attorney, the mental capacity should be confirmed by the health institution in which the principal resides. (NRS162A.790.5)
Signature. A power of attorney in Nevada must be signed by the principal or the other person instructed by the principal.
Notarization. Although not mandatory under Nevada state law, the authenticity of a power of attorney can hardly be disputed if the notary public confirms it.
Who Can Be an Agent for a Power of Attorney in Nevada
In general, any adult with legal capacity can serve as an agent in Nevada.
However, in the case of the health power of attorney, there are a few limitations. Namely, if you are residing in a hospital, assisted living, or skilled nursing facility, there are a few categories of people who cannot be your agents. That is the owner, operator, or employee of the hospital or facility, unless they are your spouse or legal guardian.
Additionally, you can also appoint two or more people to serve as co-agents, or you can name a successor agent that can act in case the primary agent is not capable of representing you.
How to Create a Nevada Power of Attorney
Power of Attorney in Nevada
#1. Decide on Which Type of Document to Use
Before you start drafting the Nevada power of attorney, you need to determine which type is most suitable for you based on:
The moment you want your power of attorney to become effective
Duration of your power of attorney
Scope of powers you want to delegate to your agent
#2. Select an Agent
This should be a person you trust but who is also capable of representing you and has the legal capacity to be your agent.
#3. Define the Agent’s Powers
You can authorize them to conduct any action and represent you before any third person by issuing the Nevada general power of attorney. You can also specify the actions your agent can take on your behalf by issuing a special Nevada power of attorney.
#4. Download & Fill in Our Form
Once you’ve determined the type of power of attorney, you can find the appropriate Nevada power of attorney template on our website, download it, and fill out the relevant details.
#5. Get It Signed & Notarized
The principal must sign every power of attorney for it to become valid and effective. Additionally, you should also notarize your power of attorney and confirm its authenticity.
#6. Safely Store the Original Copy
The principal should keep the original copy of a power of attorney in their possession and eventually issue one copy to the agent for their reference.
#7. Provide Copies to Relevant Parties
In addition to the agent, the principal should also send a copy of the power of attorney to any other party the agent is interacting with on the principal’s behalf.
#8. Update the Document as Needed
Every time some of the details of your Nevada power of attorney change, you should update it by issuing a new power of attorney with the updated information.
How Long Does a Power of Attorney Last in Nevada?
A power of attorney in Nevada usually becomes effective right after the principal signs it. However, if the principal provides so, it can become effective on the date provided in the document or after the occurrence of a certain event, in the case of the springing power of attorney.
A Nevada power of attorney terminates when the principal becomes incapacitated, and the power of attorney is not durable. Another way in which it can terminate is when the purpose of a power of attorney is completed or when it expires (if the expiration date is provided).
A power of attorney can also terminate when the principal dies or when they revoke the document. The same happens when the agent resigns, dies, or becomes incapacitated, and there is no substitute agent provided in the power of attorney.
Nevada Power of Attorney FAQ
You should use the power of attorney whenever you are not able to conduct certain legal, financial, or other actions due to your health condition, location, or lack of professional knowledge.
A power of attorney authorizes another person to act as the agent of the person issuing it and represent their interests in their stead.
Although notarization of a power of attorney is not required in Nevada, by doing so, you are confirming the authenticity of the document, which any third party can rely on.
Having a power of attorney is highly recommended, even if you have already drafted a will. This is because a power of attorney safeguards your interests while you are alive, while a will does so after your demise.