Nevada
Nevada Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Nevada adopted the Uniform Power of Attorney Act (UPOAA) as NRS Chapter 162A, giving the state a modern, comprehensive framework for financial powers of attorney. Under Nevada law, a power of attorney is durable by default: it survives the principal's incapacity unless the document expressly says otherwise (). Healthcare decision-making is handled under a separate part of the same chapter, to 162A.870, and requires its own distinct document with different execution rules. A financial power of attorney does not authorize medical decisions, and a healthcare power of attorney does not control finances.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in Nevada
A power of attorney is a written legal document in which one person, the principal, authorizes another person, the agent (also called an attorney-in-fact), to act on the principal's behalf in financial, legal, property, and related matters. The scope can be broad, covering banking, real estate, investments, taxes, and business operations, or narrow, limited to a single transaction such as signing a real estate closing. Whatever authority the document grants ends the moment the principal dies. A power of attorney is not a substitute for a will and cannot direct the distribution of assets after death.
Nevada draws a firm line between financial authority and healthcare authority. Financial and property powers are governed by to 162A.660. Healthcare decision-making falls under a separate framework at NRS 162A.700 to 162A.870. A financial POA cannot confer authority over medical care, and a healthcare POA cannot authorize financial transactions. Many Nevada residents sign both documents as part of a coordinated estate plan.
An agent's authority continues only while the principal is alive. It is also worth noting that the principal's own authority over their affairs does not diminish by signing a power of attorney. Under , the principal retains full authority to act on their own behalf after executing a power of attorney, and the principal's direct instructions override conflicting agent decisions.
Durable Power of Attorney in Nevada
Under NRS 162A.210, a power of attorney created under to 162A.660 is durable unless the document expressly provides that it is terminated by the incapacity of the principal. This durable-by-default rule is the cornerstone of Nevada's UPOAA framework.
The practical effect is significant. Under the old common-law rule, a power of attorney became void the moment the principal lost capacity, precisely when an agent's authority was most needed. Nevada's modern rule reverses that outcome. A principal who does nothing special gets a durable POA that survives incapacity automatically.
If a principal wants a non-durable arrangement that ends at incapacity, the document must say so explicitly. A principal may also create a springing power of attorney that takes effect only upon a future date or a triggering event, such as a written determination of incapacity by a physician or advanced practice registered nurse. Under , if the POA becomes effective on the principal's incapacity and no one is designated to make that determination, an APRN, physician, psychiatrist, or licensed psychologist must document the incapacity in writing.
The durable-by-default rule also reduces the risk that caregivers or family members will find themselves without financial authority because an older POA contained no explicit durability language. Under , unless the document expressly opts out, durability is presumed.
How to Create a Valid Nevada Power of Attorney
Execution requirements for a Nevada financial power of attorney are set out in NRS 162A.220.
Signature. The principal must sign the power of attorney. If the principal is physically unable to sign, another person may sign the principal's name at the principal's direction, but only in the principal's conscious presence.
Notarization. A signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments. Notarization is strongly advisable in practice: banks, title companies, and other institutions are far more likely to accept a notarized POA without demanding further proof of authenticity.
Witnesses. No separate witness signature is required for a financial power of attorney under . This distinguishes Nevada from states that mandate two witnesses in addition to notarization for a financial POA.
Care facility residents. There is an important additional requirement for principals who reside in a hospital, skilled nursing facility, group residential facility, or individual residential care home at the time of execution. A certification of the principal's competency from an advanced practice registered nurse, physician, psychologist, or psychiatrist must be attached to the document.
Agent restrictions for care facility residents. If the principal resides in such a facility, the facility itself, its owners, operators, and employees may not serve as agent, unless the proposed agent is the principal's spouse, legal guardian, or next of kin. A narrow exception allows a facility employee to serve as agent solely to help qualify the principal for Medicaid eligibility, subject to strict conditions and a six-month validity cap. Misuse of that limited authority is a category C felony under Nevada law.
A well-drafted Nevada POA should clearly identify the principal and agent by full legal name, state the effective date or triggering condition, specify the scope of authority, and be dated at execution.
What a Nevada Agent Can and Cannot Do
The scope of a Nevada agent's authority depends entirely on what the document grants. provides that when a power of attorney references all acts the principal could perform or cites the governing statutes, the agent has the general authority described in NRS 162A.200 to 162A.660. That general authority can cover real property transactions, tangible personal property, bank accounts and other financial institution transactions, stocks and bonds, insurance, retirement plans, taxes, trusts, and personal and family maintenance.
Hot powers requiring express grant. Certain actions are treated as high-stakes authorities that require an express grant in the document, even if the POA uses broad general-authority language. Under NRS 162A.450, these powers include the authority to:
- Create, amend, revoke, or terminate an inter vivos trust.
- Make a gift on behalf of the principal.
- Create or change rights of survivorship on jointly held property.
- Create or change a beneficiary designation on a life insurance policy, retirement account, or transfer-on-death instrument.
- Delegate the agent's authority to another person.
- Exercise fiduciary powers that the principal has authority to delegate.
- Waive the principal's right to be a beneficiary of a joint and survivor annuity or survivor benefit under a retirement plan.
- Disclaim an interest in property.
General authority language alone does not confer any of these powers. Each must be spelled out expressly. An agent who is not the principal's spouse may not exercise a hot power in a way that creates an interest in the agent's own favor unless the document expressly permits it.
Agent duties. Under NRS 162A.310, an agent who accepts appointment must act in accordance with the principal's reasonable expectations and best interest, in good faith, and within the scope of authority granted. Additional duties (unless modified in the POA) include maintaining loyalty to the principal, avoiding conflicts of interest, exercising ordinary care and competence, keeping records of all transactions, cooperating with healthcare decision-makers, and preserving the principal's estate plan to the extent consistent with the principal's best interest. An agent who breaches these duties can be held liable for resulting harm.
Third-party acceptance. Under NRS 162A.370, a person presented with an acknowledged power of attorney must either accept it or, within 10 business days, request a certification of the agent's authority, a translation, or a legal opinion. If documentation is requested, acceptance must follow within five business days of receiving it. Wrongful refusal exposes the third party to court-ordered acceptance and an award of the principal's or agent's reasonable attorney fees and costs.
Power of Attorney for Health Care Decisions in Nevada
Healthcare decision-making in Nevada is governed by a completely separate statute, NRS 162A.700 to 162A.870. This is an entirely different legal instrument from the financial power of attorney and must be executed as a separate document.
A Nevada healthcare power of attorney allows any adult principal to appoint a healthcare agent to make medical decisions if the principal becomes incapable of informed consent. The agent's authority may cover any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, as well as decisions about residential placement in a care facility.
Execution requirements. Under NRS 162A.790, a healthcare power of attorney must be signed by the principal and either:
- Acknowledged before a notary public, or
- Witnessed by two adults who personally know the principal.
If witnesses are used instead of notarization, (3) prohibits either witness from being the owner, operator, or employee of a nursing home in which the principal resides. Nevada's statutory directive forms add further witness rules: under , both witnesses must be adults and neither can be the person named as agent. Under the specialized forms in (for principals with an intellectual disability) and NRS 162A.870 (for principals with dementia), a witness also cannot be a provider of health care, an employee of a provider of health care, or an operator or employee of a health care facility, and at least one witness must declare that they are not related to the principal by blood, marriage, or adoption and are not entitled to any part of the principal's estate.
If the principal resides in a hospital, skilled nursing facility, group residential facility, or individual residential care home at the time of signing, a competency certification from an APRN, physician, psychologist, or psychiatrist must be attached, matching the requirement for financial POAs.
Agent restrictions. Under NRS 162A.840, a healthcare agent may not be the principal's current healthcare provider, a healthcare facility operator, or an employee of a healthcare facility where the principal is receiving care, unless the proposed agent is the principal's spouse, legal guardian, or next of kin.
Scope and limits. A healthcare agent may consent to, refuse, or withdraw consent to any medical care. However, NRS 162A.850 imposes an absolute prohibition: an agent may never consent to the principal's commitment or placement in a facility for treatment of mental illness, convulsive treatment, psychosurgery, sterilization, abortion, aversive intervention, or participation in experimental medical, biomedical, or behavioral treatment or research, regardless of what the power of attorney document says. The principal may add further restrictions on the agent's authority in the document, but cannot use it to authorize any of these acts. Decisions about life-sustaining treatment must be based on the principal's known wishes, which the principal can document directly in the healthcare POA.
Effectiveness. Under NRS 162A.810, a healthcare POA is effective immediately upon execution unless the document specifies a future date or conditioning event. If the document activates only upon incapacity, the incapacity must be documented in writing by an APRN, physician, psychiatrist, or licensed psychologist.
Out-of-state documents. A healthcare power of attorney executed outside Nevada is valid in Nevada if it complied with the laws of the state where it was executed or with federal military power of attorney requirements.
A financial power of attorney does not confer any authority over healthcare decisions. If you want someone to manage both your finances and your medical care during incapacity, you must execute both a financial POA under NRS 162A.200 to 162A.660 and a separate healthcare POA under NRS 162A.700 to 162A.870.
Revoking or Ending a Nevada Power of Attorney
Under NRS 162A.270, a Nevada financial power of attorney terminates when any of the following occurs:
- The principal dies.
- The principal revokes the POA while retaining capacity to do so.
- The principal becomes incapacitated, if the POA is not durable.
- The POA provides an expiration date and that date arrives.
- The purpose of a limited POA is accomplished.
- The agent dies, becomes incapacitated, or resigns, and no successor agent is named.
- An action is filed for the dissolution or annulment of the agent's marriage to the principal, unless the document provides otherwise.
A principal with capacity may revoke a financial POA at any time by notifying the agent. Written notice is best practice, and it is important to also notify any financial institution, lender, or other third party that holds a copy of the original POA. If the POA was recorded with a county recorder because real property transactions were involved, the revocation should also be recorded. Under NRS 162A.270, revocation is not effective against an agent or a third party who, without actual knowledge of the revocation, acts in good faith in reliance on the POA.
Importantly, executing a new power of attorney does not automatically revoke an earlier one in Nevada. NRS 162A.270 states that a subsequent POA revokes a prior one only if the new document expressly says so. Principals who intend to replace an agent should include an explicit revocation clause.
A healthcare power of attorney terminates upon the principal's death, the principal's revocation, or the agent's death, incapacity, or resignation (NRS 162A.820). However, if a principal loses decision-making capacity while the document is technically expired, NRS 162A.820 provides that the document remains valid until the principal is again able to make such decisions, preventing gaps in healthcare representation.
Disclaimer: This page provides general legal information about Nevada power of attorney laws and is not legal advice. Laws change and individual circumstances vary. Consult a licensed Nevada attorney for advice specific to your situation.
Statutes cited reflect their in-force version as of May 31, 2026.
More Nevada Laws
Frequently Asked Questions
Is a Nevada power of attorney durable by default?
Yes. Under NRS 162A.210, a power of attorney created under Nevada's Uniform Power of Attorney Act (NRS 162A.200 to 162A.660) is durable by default and survives the principal's incapacity unless the document expressly states that it terminates at incapacity. No special durability language is required. A principal who wants a non-durable POA must include an explicit opt-out provision.
Does a Nevada financial power of attorney require witnesses?
No. Under NRS 162A.220, a financial power of attorney only requires the principal's signature acknowledged before a notary public. No separate witness signatures are required. However, if the principal resides in a hospital, skilled nursing facility, group residential facility, or individual care home, a competency certification from a physician, APRN, psychologist, or psychiatrist must accompany the document.
What are the hot powers under Nevada's power of attorney law?
Under NRS 162A.450, hot powers are authorities so consequential that they require an express grant in the document. They include: creating, amending, or revoking a trust; making gifts; creating or changing rights of survivorship; creating or changing beneficiary designations; delegating the agent's authority; exercising fiduciary powers the principal has authority to delegate; waiving rights to a joint and survivor annuity; and disclaiming property interests. If these powers are not expressly listed in the POA, the agent cannot exercise them, regardless of how broad the general authority language is.
Can a Nevada financial power of attorney authorize medical decisions?
No. A financial power of attorney under NRS 162A.200 to 162A.660 does not authorize anyone to make healthcare decisions. Healthcare authority must be created separately under the Power of Attorney for Health Care Decisions at NRS 162A.700 to 162A.870. The two instruments are distinct legal documents covering separate domains, and neither substitutes for the other.
How does a Nevada healthcare power of attorney need to be executed?
Under NRS 162A.790, a Nevada healthcare power of attorney must be signed by the principal and either acknowledged before a notary public or witnessed by two adults who personally know the principal. If witnesses are used, neither may be the owner, operator, or employee of a nursing home in which the principal resides (NRS 162A.790(3)). The statutory directive forms add more rules: a witness must be an adult and cannot be the named agent (NRS 162A.855), and under the specialized forms for principals with an intellectual disability or dementia, a witness also cannot be a health care provider or its employee, or a health care facility's operator or employee, with at least one witness declaring they are not related to the principal and have no interest in the principal's estate (NRS 162A.865, NRS 162A.870).
What can I do if a bank refuses to honor my Nevada power of attorney?
Under NRS 162A.370, a bank or other institution presented with an acknowledged power of attorney must either accept it or, within 10 business days, request a certification, translation, or legal opinion. If documentation is requested, the institution must then accept within five business days of receiving it. A party who wrongfully refuses a valid POA can be ordered by a court to honor it and may be required to pay the principal's or agent's reasonable attorney fees and costs.
How do I revoke a Nevada power of attorney?
A principal with capacity can revoke a Nevada financial POA at any time by notifying the agent, preferably in writing (NRS 162A.270). Notify any financial institution or third party holding a copy of the POA as well. If the POA was recorded for a real property transaction, record the revocation with the county recorder. Keep in mind that a new POA does not automatically revoke an earlier one in Nevada. You must include an explicit revocation clause in the new document.
Updates
Corrected the page's claim that Nevada does not otherwise restrict who can witness a health care power of attorney beyond the nursing-home rule: the statutory directive forms also require witnesses to be adults, bar the named agent, and (on the specialized forms) bar health care providers, their employees, and health care facility operators/employees, with one witness declaring no family relationship or estate interest.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected two Nevada healthcare-POA errors: the witness-disqualification rule only bars a nursing home's owner, operator, or employee where the principal resides (not the broad, unrelated/non-heir rule the article stated), and the NRS 162A.850 prohibited-acts list is absolute with no 'express authorization' override.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 162A: POWER OF ATTORNEY FOR FINANCIAL MATTERS AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
§ 162A.200Applicability.In force
NRS 162A.200 to 162A.660, inclusive, apply to all powers of attorney except: 1. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; 2. A power to make health care decisions; 3. A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and 4. A power created on a form prescribed by a government or a governmental subdivision, agency or instrumentality for a governmental purpose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 3 court opinionsMost recently applied by a court: 2023
Leading cases: Eby v. Johnston Law Office, P.C. (Court of Appeals of Nevada 2022, 518 P.3d 517) · El Jen Med. Hosp. v. Tyler (Nevada Supreme Court 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 162A.210Power of attorney is durable; exceptions.In force
A power of attorney created under NRS 162A.200 to 162A.660, inclusive, is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.220Execution of power of attorney; certification of competency of principal required under certain circumstances; certain persons not to be named as agent; exceptions; penalty for misuse of power of attorney.In force
1. A power of attorney must be signed by the principal or, in the principal’s conscious presence, by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. 2. If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of execution of the power of attorney, a certification of competency of the principal from an advanced practice registered nurse, a physician, psychologist or psychiatrist must be attached to the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 2 court opinionsMost recently applied by a court: 2024
Leading cases: El Jen Med. Hosp. v. Tyler (Nevada Supreme Court 2023) · Leach v. Ingram (District Court, D. Nevada 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 162A.260Time at which power of attorney is effective.In force
1. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. 2. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. 3. If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by an advanced practice registered nurse, a physician, psychiatrist or licensed psychologist that the principal is incapacitated.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.270Termination of power of attorney or authority of agent.In force
1. A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal revokes the power of attorney; (d) The power of attorney provides that it terminates; (e) The limited purpose of the power of attorney is accomplished; or (f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. 2. An agent’s authority terminates when: (a) The principal revokes the authority; (b) The agent dies, becomes incapacitated or resigns; (c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (d) The power of attorney terminates. 3. Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.300Agent’s acceptance of appointment.In force
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.310Duties of agent.In force
1. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; (b) Act in good faith; and (c) Act only within the scope of authority granted in the power of attorney. 2. Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (a) Act loyally for the principal’s benefit; (b) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest; (c) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances; (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal; (e) Cooperate with a person that has authority to make health care decisions for the principal; and (f) Attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including: (1) The…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.360Acceptance of and reliance upon acknowledged power of attorney.In force
1. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under NRS 162A.220 that the signature is genuine. 2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent’s authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 1 court opinionsMost recently applied by a court: 2023
Leading cases: El Jen Med. Hosp. v. Tyler (Nevada Supreme Court 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 162A.370Liability for refusal to accept acknowledged power of attorney.In force
1. Except as otherwise provided in subsection 2: (a) A person shall either accept an acknowledged power of attorney, or request a certification, a translation or an opinion of counsel pursuant to NRS 162A.360, not later than 10 business days after presentation of the power of attorney for acceptance; (b) If a person requests a certification, a translation or an opinion of counsel pursuant to NRS 162A.360, the person shall accept the power of attorney not later than 5 business days after receipt of the certification, translation or opinion of counsel; and (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.450Grant of specific authority.In force
1. An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (a) Create, amend, revoke or terminate an inter vivos trust; (b) Make a gift; (c) Create or change rights of survivorship; (d) Create or change a beneficiary designation; (e) Delegate authority granted under the power of attorney; (f) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (g) Exercise fiduciary powers that the principal has authority to delegate; or (h) Disclaim property, including a power of appointment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.460Grant of general authority; incorporation of authority; authority of principal to act continues after execution.In force
1. Except as otherwise provided in NRS 162A.450, if a power of attorney grants to an agent authority to do all acts that a principal could do or refers to general authority or cites a section of NRS 162A.200 to 162A.660, inclusive, in which the authority is described, the agent has the general authority described in NRS 162A.200 to 162A.660, inclusive. 2. A reference in a power of attorney to any part of a section in NRS 162A.200 to 162A.660, inclusive, incorporates the entire section as if it were set out in full in the power of attorney. 3. A principal may modify authority incorporated by reference. 4. Except as otherwise provided in NRS 162A.450, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. 5. Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.700Applicability.In force
NRS 162A.700 to 162A.870, inclusive, apply to any power of attorney containing the authority to make health care decisions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.790Execution of power of attorney; acknowledgment; witnesses; validity of power of attorney executed outside this State.In force
1. Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent concerning such decisions. 2. A power of attorney for health care must be signed by the principal. The principal’s signature on the power of attorney for health care must be: (a) Acknowledged before a notary public; or (b) Witnessed by two adult witnesses. 3. Neither of the witnesses to a principal’s signature may be the owner, operator or employee of a nursing home if the principal resides in the nursing home. 4. A power of attorney executed in a jurisdiction outside of this State is valid in this State if, when the power of attorney was executed, the execution complied with the laws of that jurisdiction or the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 1 court opinionsMost recently applied by a court: 2023
Leading cases: El Jen Med. Hosp. v. Tyler (Nevada Supreme Court 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 162A.810Time at which power of attorney is effective.In force
1. A power of attorney for health care is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon incapacity. 2. If a power of attorney for health care becomes effective upon the principal’s incapacity, the power of attorney becomes effective upon a determination in a writing or other record by an advanced practice registered nurse, a physician, psychiatrist or licensed psychologist that the principal is incapacitated. 3. An agent named in the power of attorney for health care may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, to obtain a determination of incapacity.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.820Termination of power of attorney or authority of agent.In force
1. A power of attorney for health care terminates when: (a) The principal dies; (b) The principal revokes the power of attorney; (c) The power of attorney includes a termination date; or (d) The principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. 2. An agent’s authority under a power of attorney for health care terminates when: (a) The principal revokes the authority; (b) The agent dies, becomes incapacitated or resigns; (c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal, unless the power of attorney otherwise provides; or (d) The power of attorney includes a termination date. 3. Unless the power of attorney for health care otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.840Persons not eligible for designation as agent.In force
1. Except as otherwise provided in subsection 2, a principal may not name as agent in a power of attorney for health care: (a) His or her provider of health care; (b) An employee of his or her provider of health care; (c) An operator of a health care facility; or (d) An employee of a health care facility. 2. A principal may name as agent any person identified in subsection 1 if that person is the spouse, legal guardian or next of kin of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.850Agents: Prohibited acts; decisions concerning use or nonuse of life-sustaining treatment.In force
1. The agent may not consent to: (a) Commitment or placement of the principal in a facility for treatment of mental illness; (b) Convulsive treatment; (c) Psychosurgery; (d) Sterilization; (e) Abortion; (f) Aversive intervention, as that term is defined in NRS 449A.203; (g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or (h) Any other treatment to which the principal, in the power of attorney for health care, states that the agent may not consent. 2. The agent 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 for health care.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.855Advance health-care directive: Form.In force
The following form may be used to create an advance health-care directive.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.865Power of attorney for adult with intellectual disability: Form.In force
1. The form of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form: 2. The form for end-of-life decisions of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 162A.870Power of attorney for adult with dementia: Form.In force
1. The form of a power of attorney for health care for an adult with any form of dementia may be substantially in the following form, and must be witnessed or executed in the same manner as the following form: 2. The form for end-of-life decisions of a power of attorney for health care for an adult with any form of dementia may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
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This article also draws on these acts and chapters (opening at their first section): Nevada Revised Statutes, Chapter 162A: POWER OF ATTORNEY FOR FINANCIAL MATTERS AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS § 162A.010 (Definitions.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- NRS Chapter 162A: Uniform Power of Attorney Act (Nevada Legislature)(leg.state.nv.us)
- NRS 162A.200: Applicability(leg.state.nv.us)
- NRS 162A.210: Power of attorney is durable by default(leg.state.nv.us)
- NRS 162A.220: Execution of power of attorney(leg.state.nv.us)
- NRS 162A.260: When power of attorney becomes effective(leg.state.nv.us)
- NRS 162A.270: Termination of power of attorney or agent authority(leg.state.nv.us)
- NRS 162A.300: Agent acceptance of appointment(leg.state.nv.us)
- NRS 162A.310: Agent duties and fiduciary obligations(leg.state.nv.us)
- NRS 162A.360: Reliance on acknowledged power of attorney(leg.state.nv.us)
- NRS 162A.370: Liability for refusal to accept acknowledged power of attorney(leg.state.nv.us)
- NRS 162A.450: Powers requiring express grant (hot powers)(leg.state.nv.us)
- NRS 162A.460: Grant of general authority(leg.state.nv.us)
- NRS 162A.700: Healthcare POA definitions and scope(leg.state.nv.us)
- NRS 162A.790: Execution of healthcare power of attorney(leg.state.nv.us)
- NRS 162A.810: When healthcare POA becomes effective(leg.state.nv.us)
- NRS 162A.820: Termination of healthcare POA(leg.state.nv.us)
- NRS 162A.840: Healthcare agent eligibility restrictions(leg.state.nv.us)
- NRS 162A.850: Healthcare agent prohibited decisions(leg.state.nv.us)
- NRS 162A.860: Form of durable power of attorney for health care(leg.state.nv.us)
- NRS 162A.855: Advance health-care directive statutory form - witness qualifications (adult, not the named agent)(leg.state.nv.us)
- NRS 162A.865: Advance health-care directive form for persons with an intellectual disability - witness disqualifications(leg.state.nv.us)
- NRS 162A.870: Advance health-care directive form for persons with dementia - witness disqualifications(leg.state.nv.us)