In the State of Nevada, it is relatively easy to establish a living will and power of attorney, especially when compared to other states. The forms that any individual needs in order to establish these legal documents are readily available from the courthouse and state website. While this makes it easier for an individual to handle the production of these legal agreements for themselves, it is always advisable that this be done under the supervision of a lawyer. This is especially true if you have highly specific requests for a living will, or if you have a high net worth.
Estate planning attorneys offer years of experience in creating these documents to ensure they are valid and compliant. In order to understand how living wills and power of attorney work within the state of Nevada, it is useful to know some facts about them.
Who Can Have Healthcare Power of Attorney?
While you might think that you can grant healthcare power of attorney to anyone, this is not always the case. Most notably, healthcare providers and those who are employed at or operate a health care facility cannot be granted healthcare power of attorney. The only exception to this is when an individual’s spouse, next of kin, or guardian fills one of these roles.
This provision is to avoid the concept of undue influence. It is better to have someone outside of the medical system that can be objective when making and enforcing decisions. In cases of spouses and guardians, the influence is harder to quantify as undue.
How Can I Establish a Living Will?
Provided your needs are not overly complex, it’s possible to draft a living will yourself in Nevada. However, this is usually not advised, and it is suggested that both the living will and a document granting power of attorney be drafted by or under the supervision of a qualified estate planning attorney. The reason for this is simple, if your living will is unclear in certain parts or neglects to address certain circumstances, then whoever you’ve given power of attorney to will be in the unenviable position of guessing what you might have meant. Moreover, there may be other issues that need to be addressed alongside your medical care. For this reason, it is strongly recommended that you draft these documents with a lawyer rather than going it alone.
The State Attorney General’s Living Will Lockbox
Once you’ve established a living will, it is critical that people be aware of it. If they’re not, then there is no way for anyone to know what your wishes would be in the event that you need life-sustaining care. The state of Nevada provides a way for individuals to address this concern, as the State Attorney General provides a Living Will Lockbox on the Internet. Here, an individual can upload their living will, where it will remain until it’s needed.
In addition to this, and depending upon your circumstance, you may wish to carry a living will card in your wallet. This card directs people to your living will. Used in conjunction with the State Attorney General’s lockbox, you will be absolutely assured that the terms of your living will are found and followed to the letter.
If you are considering creating a living will or power of attorney, contact Clear Counsel Law Group for a free consultation. We’re happy to help you understand the parameters of these documents, their scope, and how to ensure they are valid and legally compliant.