What Health Care Forms Do I Need in Nevada?

Full question:

If I have a Durable General PoA, Living Will-PoA for Healthcare do I need the Declaration too?

Category: Power of Attorney
Subcategory: Advanced Health Care Directive
Date: 04/07/2025
State: Nevada

Answer:

We’re assuming you’re referring to:

http://www.uslegalforms.com/nv/NV-P024A.htm

This form is a statutory form, taken verbatim from Nevada statutes, allowing a person to express their desires in case of a terminal condition and to appoint a health care representative. The answer depends on the living will form you have, such as whether it allows you to appoint an agent or successor agent, and whether it covers matters not involving a terminal condition and life support, such as mental health care, anatomical gifts, burial/cremation wishes, etc.

A similar form, NV-P024 allows a physician to make decisions on your behalf if your agent isn't available. Please see the links to the forms below, including the package which offers all health care decision forms at a much discounted rate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the most recommended type of power of attorney?

The most recommended type of power of attorney (PoA) often depends on individual needs. A Durable General PoA is commonly favored because it remains effective even if the principal becomes incapacitated. This type allows the agent to manage financial and legal matters. For healthcare decisions, a Medical PoA or Living Will is recommended, as it specifies healthcare preferences and appoints someone to make medical decisions if you cannot. It's important to assess your specific circumstances and consult a legal professional for personalized advice.

What is the difference between POA and durable POA?

A standard power of attorney (PoA) typically becomes invalid if the principal becomes incapacitated. In contrast, a Durable PoA remains effective even if the principal loses the ability to make decisions. This durability is crucial for ensuring that your financial and legal matters are managed continuously, regardless of your health status. It's essential to specify that the PoA is durable in the document to ensure it retains its effectiveness.

Does a general power of attorney cover medical?

A general power of attorney (PoA) primarily grants authority over financial and legal matters. It does not typically cover medical decisions unless specifically stated. For healthcare-related decisions, a Medical PoA or Living Will is necessary, as these documents designate an agent to make medical choices on your behalf if you are unable to do so. Always ensure that your documents clearly outline the powers granted to avoid confusion.

Does a living will override a medical power of attorney?

A living will and a medical power of attorney (PoA) serve different purposes but can work together. A living will outlines your wishes regarding medical treatment in specific situations, while a medical PoA appoints someone to make healthcare decisions for you. If your living will specifies your wishes, the agent under your medical PoA should follow those wishes. However, if there is a conflict, it may depend on state laws and the specific circumstances. It's advisable to consult a legal professional for clarity.

Does durable power of attorney override advance directives?

A durable power of attorney (PoA) does not inherently override advance directives, such as a living will. Advance directives specify your healthcare preferences, while a durable PoA designates someone to make decisions on your behalf. If both documents are in place, the agent under the durable PoA should follow your advance directives. However, if there is any conflict, it may depend on state laws and the specifics of the documents. Consulting a legal professional can provide guidance tailored to your situation.

What are the disadvantages of a durable power of attorney?

While a durable power of attorney (PoA) is beneficial, it has potential disadvantages. One concern is that it grants significant authority to the agent, which could lead to misuse if the agent acts unethically. Additionally, if the durable PoA is broad, it may limit your control over financial and legal decisions. Lastly, if not properly drafted or monitored, it can lead to disputes among family members. It's crucial to choose a trustworthy agent and clearly define the powers granted in the document.