Nevada's health care power of attorney lets someone you name make medical decisions when you cannot. Two things about it are easy to get wrong: the execution is a choice between a notary and two witnesses — not both — and if you are living in certain facilities when you sign, a competency certification has to be attached or the document is not properly executed.
Pick one execution route
NRS 162A.790 accepts either an acknowledgment before a notary public, or the signatures of two adult witnesses. Doing both is not required and does not make the document stronger. Decide before the signing, because it determines who needs to be present.
Who cannot witness
If you reside in a nursing home, neither witness may be the owner, operator, or employee of that home. The witness statement also has each witness declare that you are personally known to them and appear to be of sound mind and free of duress, fraud, and undue influence, and at least one must declare they are not related to you by blood, marriage, or adoption and take no part of your estate.
The competency certification most people miss
If, at the time you sign, you reside in a hospital, a residential facility for groups, a facility for skilled nursing, or a home for individual residential care, NRS 162A.790 requires a certification of competency to be attached to the document. It must come from an advanced practice registered nurse, a physician, a psychologist, or a psychiatrist.
This catches families who prepare a document while a parent is in rehabilitation or a care facility. Without the certification, the execution is incomplete.
What your agent can and cannot do
Your agent's authority begins only when you cannot make your own health care decisions, and it is limited by anything you write into the document. Nevada does not allow your agent to consent to commitment to a mental health facility, convulsive treatment, psychosurgery, sterilization, or abortion.
You can revoke the appointment at any time by telling your agent or your health care provider, orally or in writing.
Frequently Asked Questions
Notary or witnesses — which is better?
Neither is legally stronger. Pick whichever is easier to arrange. A notary is one appointment; two witnesses means finding two qualified people who are free at the same time.
Can my spouse be a witness?
At least one of the two witnesses must declare they are not related to you by blood, marriage, or adoption and are not entitled to any part of your estate, so plan for at least one unrelated witness.
Does this cover my finances too?
No. Nevada uses a separate statutory power of attorney for financial matters. The two documents are not interchangeable.
I live in an assisted-living facility. Does that matter?
It may. If you reside in a hospital, residential facility for groups, skilled nursing facility, or home for individual residential care when you sign, NRS 162A.790 requires an attached competency certification from a qualified clinician.