MAKE YOUR FREE Nevada Living Will
What is a Nevada Living Will?
The person making a Living Will is called the "principal," while the individuals or entities gaining authority to carry out the principal's wishes are called "agents." Designed for residents of Nevada, this Living Will can be used in Lyon County, Clark County, Washoe County, and in every other county or municipality in the state. Each Nevada Living Will form from Rocket Lawyer can be edited for your unique circumstances. As a result of this essential document, your medical institutions will have a record of your decisions, and your representative will be able to provide verification that they have the authority to make choices for you when you are not able.
When to use a Nevada Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
Sample Nevada Living Will
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DURABLE POWER OF ATTORNEY
FOR HEALTH CARE DECISIONS
I. DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
WARNING TO PERSON EXECUTING THIS DOCUMENT:
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS WARNING TO PERSON EXECUTING THIS DOCUMENT THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.
4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.
6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.
7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.
8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.
9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
. DESIGNATION OF HEALTH CARE. I, , do hereby designate and appoint:
| Agent: |
| Address: |
| , |
| Phone: | Home: Work: |
| Relation, if any: |
as my Agent ("Agent") to make health care decisions for me as authorized in this document.
NOTE: Unless the person is also your spouse, legal guardian or next of kin, none of the following may be designated as your Agent: (1) your treating provider of health care, (2) an employee of your treating provider of health care, (3) an operator of a health care facility, or (4) an employee of an operator of a health care facility.
. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE. By this document I intend to create a Durable Power of Attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.
. GENERAL STATEMENT OF AUTHORITY GRANTED. In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the Agent named above full power and authority to make health care decisions for me before, or after my death, including: consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, except any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.
. SPECIAL PROVISIONS AND LIMITATIONS. (Your Agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion. If there are any other types of treatment or placement that you do not want your Agent's authority to give consent for or other restriction you wish to place on his or her Agent's authority, you should list them in the space below. If you do not write any limitations, your Agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)
In exercising the authority under this Durable Power of Attorney for Health Care, the authority of my Agent is subject to the following provisions and limitations:
. DURATION. I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my Agent will continue to exist until the time when I become able to make health care decisions for myself.
. STATEMENT OF DESIRES. (With respect to decisions to withhold or withdraw life-sustaining treatment, your Agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your Agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)
(If the statement reflects your desires, initial the line below the statement.)
I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My Agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.
________
(Initials)
SECOND ALTERNATE AGENT
| Agent: |
| Address: |
| , |
| Phone: | Home: Work: |
. PRIOR DESIGNATIONS REVOKED. I revoke any prior Durable Power of Attorney for Health Care.
. WAIVER OF CONFLICT OF INTEREST. If my designated Agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.
. CHALLENGES. If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my Agent or a third party, then my Agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the state of Nevada.
my Agent herein named, in the order named. , , , .
II. GENERAL PROVISIONS
. HOLD HARMLESS. All persons or entities who in good faith endeavor to carry out the terms and provisions of this document shall not be liable to me, my estate, my heirs or assigns for any damages or claims arising because of their action or inaction based on this document, and my estate shall defend and indemnify them.
. SEVERABILITY. If any provision of this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
. STATEMENT OF INTENTIONS. It is my intent that this document be legally binding and effective. If the law does not recognize this document as legally binding and effective, it is my intent that this document be taken as a formal statement of my desire concerning the method by which any health care decisions should be made on my behalf during any period in which I am unable to make such decisions.
(YOU MUST DATE AND SIGN THIS DOCUMENT)
I sign my name to this Document on this _____ day of ____________________, _____, at _________________________, Nevada.
| Signature: | ________________________________________ |
| Name: |
| Address: |
| County |
(THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1`) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)
(THIS DOCUMENT WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE.)
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
| Name: |
| Address: |
| , |
| Name: | ________________________________ |
| Address: | ________________________________ |
| ________________________________ |
| ________________________________ |
Nevada Living Will FAQs
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How do I write a Living Will in Nevada?
It's simple and easy to set forth your medical wishes with a free Nevada Living Will template from Rocket Lawyer:
- Make the document - Answer a few basic questions, and we will do the rest
- Send and share - Review it with your healthcare agent or ask a legal question
- Sign and make it legal - Optional or not, notarization and witnesses are recommended
This solution, in most cases, will be notably more affordable and convenient than finding and hiring a conventional law firm. If necessary, you may prepare this Living Will on behalf of your spouse, an elderly parent, or another family member, and then have them sign when ready. Please keep in mind that for a Living Will to be considered valid, the principal must be mentally competent when they sign. If the principal is already unable to make their own decisions, a court-appointed conservatorship generally will be required. When dealing with such a scenario, it would be important to speak to an attorney .
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Why should I write a Living Will?
If you are over 18 years old, you ought to have a Living Will. Even though it is unpleasant to acknowledge, there might come a day when you cannot make healthcare decisions on your own. Common circumstances in which it might be helpful to make or update your Living Will include:
- You will be hospitalized for a medical procedure
- You are getting older or dealing with ongoing health issues
- You have been diagnosed with a terminal illness
- You intend to move into an adult care facility
Regardless of whether your Nevada Living Will has been prepared as part of a long-term plan or produced as a result of a recent change in your health, notarization and/or witnesses can help to protect your agent if a third party disputes their authority.
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Should I hire an attorney to review my Living Will in Nevada?
Making a Living Will is normally simple, but you or your agent might need legal advice. Having someone review the document may take longer than you'd expect on your own. Another approach worth consideration is to request help from the On Call network. Rocket Lawyer Premium members can request feedback from an attorney with relevant experience or get answers to other questions. As always, you can Live Confidently® knowing that Rocket Lawyer is here by your side.
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What might it normally cost for an attorney to help me make a Living Will in Nevada?
The fees associated with finding and hiring the average lawyer to produce a Living Will might range anywhere from $200 to $1,000, depending on where you are located. Rocket Lawyer is not your average Living Will template provider. With our service, anyone under a Rocket Lawyer Premium membership can take advantage of up to a 40% discount when hiring an attorney from our Rocket Lawyer attorney network.
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Will I need to take additional actions once I make my Nevada Living Will?
Alongside each Nevada Living Will form, there's a list of proposed actions you can take to finalize the document. You may also interact with your document in one or all of the following ways: editing it, saving it in PDF format or as a Word document, printing it, or signing it. Finally, you should be sure to give a final copy of the fully signed document to your agent(s), care providers, and other impacted parties. If desired, you can file your document in the Nevada Lockbox , the state's registry for Living Wills.
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Does a Living Will need to be notarized or witnessed in Nevada?
The specifications and restrictions are different by state; however, in Nevada, your Living Will needs two witnesses. The witnesses cannot be your healthcare providers or their employees, nor should they be the owners, operators, or employees of any healthcare facility that is providing you care. At least one witness should not be anyone legally related to you (such as a spouse, adopted child, or family member) or any other heir/beneficiary. As a general rule, your witnesses will need to be over 18 years old, and no witness should simultaneously be named as your agent. If your agent will be able to direct your burial or cremation, then you also need a notary.
