Nevada Power Of Attorney Form Template – Forbes Advisor


Published: Dec 14, 2023, 8:00am

Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors’ opinions or evaluations.

Table of Contents

Show more

A power of attorney (POA) is an important legal tool in which you allow someone else to make crucial decisions on your behalf. This free Nevada power of attorney form template is customizable and allows someone else (typically called an “attorney-in-fact” or “agent”) to make financial decisions for you. Download the form below.

What Is a Power of Attorney?

A power of attorney is a legal document where one person, referred to as the principal, gives another person, known as the “attorney-in-fact,” authority to make decisions for them. The attorney-in-fact doesn’t need to be an actual attorney, but it should be someone the principal trusts to make sound choices on their behalf.

Powers of attorney can be “durable,” which means they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer effective if the principal becomes incapacitated.

Who Should Use a Power of Attorney Form?

Anyone who wishes to allow another person to make certain financial, healthcare or other decisions on their behalf should strongly consider a power of attorney. They can be an especially useful estate planning tool to protect your wealth if you can no longer manage your finances.

How to Create a Power of Attorney in Nevada

You must satisfy the following requirements to create Nevada power of attorney:

  • The principal must be competent, meaning they can make their own decisions.
  • The power of attorney must be in writing.
  • The document must contain:
    • The name of the attorney-in-fact
    • The responsibilities the principal gives the attorney-in-fact
    • The principal’s signature, which is either notarized or signed before two witnesses
    • The date

While not required, you may wish to give copies of the final, signed document to your attorney-in-fact, financial institution and key family members. Store the original in a safe place. Revisit your power of attorney regularly and update it as circumstances change.

Types of Powers of Attorney

Principals can choose from several types of powers of attorney depending on their needs with regard to duration and scope.

Powers of Attorney Based on Capacity

Principals can select the correct type of power of attorney for them depending on whether they want it to take effect immediately, wait until they become incapacitated, and if they want it to end upon their incapacitation or death.

  • General or Non-Durable Power of Attorney. A general power of attorney gives the attorney-in-fact permission to act for the principal on a broad range of personal affairs and financial transactions. It automatically ends when the principal either becomes incapacitated or dies.
  • Durable Power of Attorney. A durable power of attorney remains in effect if the principal becomes incapacitated. In Nevada, durability is presumed, meaning a power of attorney will automatically remain effective if the principal becomes disabled or incapacitated.
  • Springing Power of Attorney. Unlike general and durable powers of attorney, a springing power of attorney becomes effective only if the principal becomes disabled or incapacitated. It’s also referred to as a “standby power of attorney.”

Limited Powers of Attorney Based on Scope

Limited powers of attorney, as the name suggests, give attorneys-in-fact responsibility over specific topic(s) the principal designates but do not include sweeping rights to make decisions. Common examples include:

  • Financial Power of Attorney. With a financial power of attorney, a principal enables an attorney-in-fact to make financial decisions for them, including choices around investments, banking, real estate, loans, insurance and bill-paying.
  • Medical Power of Attorney or Durable Power of Attorney for Healthcare. A healthcare power of attorney allows an attorney-in-fact to make healthcare decisions for the principal, according to their wishes and professional medical advice, when the principal cannot do so for themselves. In Nevada, this document is called a Durable POwer of Attorney for Health Care Decisions and there is a form provided by the state that you must use. You may wish to nominate an alternate attorney-in-fact in case your primary one is unavailable in an emergency.

Who Can Be an Attorney-in-Fact?

Despite the term “attorney-in-fact,” you don’t have to be an attorney to serve in the role. In fact, nearly anyone can be an agent or attorney-in-fact. As long as the person selected is a legal adult and competent, they can serve as an agent.

The most important qualification is not an official one—the attorney-in-fact should be someone the principal trusts. A POA can grant a lot of power to the agent, so it’s essential that the agent be a person likely to do what the principal would prefer.

What Are the Signing Requirements for a Power of Attorney Form in Nevada?

Signing requirements vary by state. In Nevada, a power of attorney form must be signed by two witnesses or a notary. Even if your state doesn’t require a notarized signature, it’s still smart to obtain one. It provides an extra layer of validity if someone challenges your power of attorney form.

Do You Need a Lawyer to Get a Power of Attorney in Nevada?

You can use a template like the one provided above to create a perfectly legal power of attorney in Nevada. You could even write one without a template, as long as it meets all the legal requirements.

Just because you don’t have to have a lawyer draw up your POA, though, doesn’t mean you shouldn’t. A power of attorney can give sweeping powers to the attorney-in-fact, so it’s a good idea to have a qualified lawyer review the document before signing.

Frequently Asked Questions (FAQs)

Do you need a lawyer to get a power of attorney?

While it’s usually a good idea to consult with a lawyer before you become bound by a POA, you don’t need an attorney to get one. As long as the document complies with all the requirements of California, a lawyer isn’t necessary to create a binding power of attorney.

Who can override a power of attorney?

There are only two ways to override a power of attorney. The principal can override the POA—called “revocation”—as long as they are of sound mind. Your revocation must be in writing and clearly express the intention to end the specific power of attorney.

The other way to override a power of attorney is through court action. A court can remove an agent directly or appoint a guardian or conservator to the principal, who could then revoke the POA themselves.

How do you take power of attorney away from someone?

Anyone besides the principal or their guardian can only take away power of attorney by petitioning the court to intervene. As the principal—or the principal’s legally-appointed guardian or conservator—you can revoke a POA at any time, as long as you are of sound mind. Typically, you need to revoke the agent’s ability to act for you in writing and the revocation must clearly state the intention to revoke the power of attorney.

Lease Agreements By State

More from

Information provided on Forbes Advisor is for educational purposes only. Your financial situation is unique and the products and services we review may not be right for your circumstances. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. Performance information may have changed since the time of publication. Past performance is not indicative of future results.

Forbes Advisor adheres to strict editorial integrity standards. To the best of our knowledge, all content is accurate as of the date posted, though offers contained herein may no longer be available. The opinions expressed are the author’s alone and have not been provided, approved, or otherwise endorsed by our partners.

Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.

Are you sure you want to rest your choices?


The Forbes Advisor editorial team is independent and objective. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. This compensation comes from two main sources. First, we provide paid placements to advertisers to present their offers. The compensation we receive for those placements affects how and where advertisers’ offers appear on the site. This site does not include all companies or products available within the market. Second, we also include links to advertisers’ offers in some of our articles; these “affiliate links” may generate income for our site when you click on them. The compensation we receive from advertisers does not influence the recommendations or advice our editorial team provides in our articles or otherwise impact any of the editorial content on Forbes Advisor. While we work hard to provide accurate and up to date information that we think you will find relevant, Forbes Advisor does not and cannot guarantee that any information provided is complete and makes no representations or warranties in connection thereto, nor to the accuracy or applicability thereof. Here is a list of our partners who offer products that we have affiliate links for.


Source link

Next Post

Leave a Reply

Your email address will not be published. Required fields are marked *