Nevada Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Nevada who cannot decide: an agent, a guardian, or Nevada's default surrogate order. Runs in your browser; nothing is stored.

Nevada law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Nevada

  1. With no agent and no guardian, this state's default surrogate law applies only to some decisions or settings (see the scope below). Outside that scope, someone may need a court appointment.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Nevada's default surrogate order

  1. Spouse
  2. An adult child, or a majority of reasonably available adult children
  3. The parents
  4. An adult sibling, or a majority of reasonably available adult siblings
  5. The nearest other adult relative by blood or adoption (Must be reasonably available for consultation)
What it covers
Covers only written consent, witnessed by two people, to withhold or withdraw life-sustaining treatment from a patient in a terminal condition who can no longer decide and has no effective declaration.
If more than one person is in the same group
Adult children and adult siblings act by majority of those reasonably available. An even split within a class does not pass the decision to the next class.
Who decides the person cannot decide
The attending physician or attending advanced practice registered nurse must find the patient in a terminal condition and no longer able to decide about life-sustaining treatment.
Limits
  • Consent must be in good faith and is not valid if it conflicts with the patient's expressed intention.
  • Treatment cannot be withheld or withdrawn under this section from a patient known to be pregnant while live birth is probable.

Source: Nev. Rev. Stat. 449A.454 · Checked October 26, 2026

Narrower laws in this state

  • Nev. Rev. Stat. 449A.551(7): For completing a POLST form only: when there is no guardian, designated person or health care agent, a surrogate is chosen in the same family order, with a last class of an adult who has shown special care or concern and knows the patient's values.

Next steps

Who decides in Nevada without a power of attorney?

Nevada's default surrogate law (Nev. Rev. Stat. 449A.454) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse.

Nevada's default surrogate law in full

Nevada's default surrogate order

  1. Spouse
  2. An adult child, or a majority of reasonably available adult children
  3. The parents
  4. An adult sibling, or a majority of reasonably available adult siblings
  5. The nearest other adult relative by blood or adoption (Must be reasonably available for consultation)
What it covers
Covers only written consent, witnessed by two people, to withhold or withdraw life-sustaining treatment from a patient in a terminal condition who can no longer decide and has no effective declaration.
If more than one person is in the same group
Adult children and adult siblings act by majority of those reasonably available. An even split within a class does not pass the decision to the next class.
Who decides the person cannot decide
The attending physician or attending advanced practice registered nurse must find the patient in a terminal condition and no longer able to decide about life-sustaining treatment.
Limits
  • Consent must be in good faith and is not valid if it conflicts with the patient's expressed intention.
  • Treatment cannot be withheld or withdrawn under this section from a patient known to be pregnant while live birth is probable.

Source: Nev. Rev. Stat. 449A.454 · Checked October 26, 2026

Narrower laws in this state

  • Nev. Rev. Stat. 449A.551(7): For completing a POLST form only: when there is no guardian, designated person or health care agent, a surrogate is chosen in the same family order, with a last class of an adult who has shown special care or concern and knows the patient's values.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Nevada if there is no power of attorney?

Nevada's default surrogate law (Nev. Rev. Stat. 449A.454) covers only some decisions or settings. Without a health-care agent or guardian, the first person in line under the statute is: Spouse. The full order, tie rule and limits are in Nev. Rev. Stat. 449A.454.

Does next of kin in Nevada have authority over money?

No default surrogate law covers money. In Nevada, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Nevada law checked against the official text on October 26, 2026.

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