Nevada Power of Attorney Forms

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The Nevada Power of Attorney Forms are legal documents created to fulfill the objective a party known as the Principal has to transfer their decision making powers to another party regarding one or more of their personal or business affairs. There are a multitude of reasons why a Principal willingly chooses to delegate their affairs. They range from the convenience that such an arrangement offers to time-poor individuals, to the peace of mind achieved by making practical arrangements concerning such critical issues as child care and future health care decisions.

Types

Durable (Statutory) Power of Attorney – Also carrying the name “Enduring Power of Attorney,” the provisions contained in this document allow any individual to create a POA that will be maintained in spite of a situation whereby the principal becomes incapacitated.

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General (Financial) Power of Attorney – Not everyone feels comfortable with the thought of a POA enduring even in the event that they become incapacitated or pass away. To prevent this from happening, the principal should ensure a General Power of Attorney is enacted.

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Limited (Special) Power of Attorney – This represents one of the four main types of POA. It is most suitable for formulating POA arrangements that are for a specific purpose or for a limited time.

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Medical Power of Attorney – This type of POA requires more stringent conditions to be met in order for it to come into effect. However, many people find it worthwhile to enact this agreement due to the peace of mind it provides to the principal and their loved ones.

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Minor Child Power of Attorney – Parents or guardians who wish to delegate particular parenting duties to another party on one or more occasions are able to do so with this form.

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Motor Vehicle Power of Attorney (Form VP136) – This form, filed with the Nevada Department of Motor Vehicles, allows a car owner to transfer the registration certificate and/or secure, transfer, or release any Certificate of Title for their motor vehicle to another party.

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Real Estate (Property) Power of Attorney – By making use of this limited type of POA, real estate affairs can easily be delegated to another party to administer.

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Revocation Power of Attorney – This form allows for a principal to cease any type of power of attorney they currently have in place.

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State Tax Filing Power of Attorney (Form 2848) – Should a taxpayer in the state prefer another party to handle any taxation matters on their behalf, a State Tax Filing Power of Attorney must be filled out.

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What is a Nevada Power of Attorney?

A Nevada Power of Attorney is a legal form that is incredibly powerful as it provides a legal avenue for any individual to hand over their decision making powers to another party. The party, known as the Agent, is required to exercise due diligence and care when making any decisions on the Principal’s behalf. That is why it is pivotal that the Principal selects an Agent who is sufficiently trustworthy and capable to meet the expectations of such a substantial responsibility.

  • Nevada Power of Attorney Laws – (Chapter 162A, “Power of Attorney For Financial Matters and Durable Power of Attorney For Health Care Decisions”)
  • State Definition of Power of Attorney (NRS 162A.090) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.”
  • Signing Requirements
    • General / Durable Power of Attorney (NRS 162A.220) – The Principal must sign the POA before a Notary Public or other authorized individual. Alternatively, another individual may sign the Principal’s name, so long as they were directed by the Principal to do so, and the signing takes place in the Principal’s conscious presence.
    • Advance Directive / Medical Power of Attorney (NRS 162A.790) – The Principal must sign the POA, and this signature must be acknowledged before a Notary Public. Alternatively, the signature can be witnessed by two (2) adult witnesses who meet the witness requirements set forth in NRS 162A.790.

When is it Effective?

The law NRS 162A.220 outlines that a POA in the state of Nevada will become effective upon the Principal’s signature, of which must be signed before a Notary Public or another individual who has the legal authority to take acknowledgments. The Principal may direct another individual to sign their name on the POA so long as the signing takes place their conscious presence.

However, there are a different set of requirements that must be met for an Advance Directive / Medical Power of Attorney to become effective. As NRS 162A.790 sets out, it is a requirement that the Principal signs the POA before a Notary Public or two (2) adult witnesses who meet the witness requirements set forth in NRS 162A.790.

Additionally, as NRS 162A.220 states, a certification of competency of the Principal from a physician, psychologist or psychiatrist must be attached to the form if, at the time the POA is executed, the Principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care.