Solidify Your Future With a Power of Attorney
A power of attorney (POA) is a legal document that lets you pick someone you trust to handle your finances or make decisions for you if you can’t do it yourself. It’s like giving them a special key to act on your behalf.
While a power of attorney seems straightforward, many intricacies can trip you up if not handled correctly. To ensure your loved ones are protected and your wishes are carried out, you need the help of a Las Vegas power of attorney lawyer.
Quick Summary:
- A Power of Attorney (POA) is a legal document naming a trusted person to act on your behalf for financial or healthcare decisions if you cannot do so yourself. Your chosen agent is called an “attorney-in-fact” but doesn’t need to be a lawyer.
- Nevada has specific laws about the powers of attorney. In Nevada, if you live in a hospital or nursing facility, you cannot choose staff or the owner to manage your finances with a power of attorney.You can pick your spouse, legal guardian, or close relative for this role, with some exceptions. Anyone you trust over 18 can be your helper, but they must not work at the same place you are staying.
- There are two main POA types: Durable (remains valid even if you become incapacitated) and Non-Durable (ends when you can’t make decisions). Durable POAs come in two types: financial and healthcare.
- Having a POA offers peace of mind. It ensures your chosen person can handle your finances or healthcare decisions if you’re ever unable to. That avoids confusion and delays and lets your loved ones focus on supporting you during a difficult time.
- You can create your own POA using state-specific forms or software. The document gives your agent specific powers like managing finances or making medical decisions. Once signed, it may need notarization or witnesses, depending on your state.
What are the Power of Attorney Laws in Nevada?
In Nevada, a power of attorney (POA) lets you pick someone you trust to handle those decisions if that happens. According to the Nevada Revised Status, a power of attorney allows the principal to enable another person, called the agent or attorney-in-fact, to act on behalf of them in making decisions. These critical decisions range from financial to medical.
POAs also need to be notarized in the state of Nevada. The principal must sign the document in the presence of two other witnesses for it to be valid. This certifies its validity as an existing document.
Having a POA is crucial because, without it, the state might have to make choices you wouldn’t agree with. For instance, your loved ones might not be able to move you to a nursing home or manage your bank accounts. A POA gives you peace of mind, knowing your wishes are respected, even if you can’t voice them yourself.
What are the Types of Power of Attorney?
There are different types of POA: some powers of attorney are for short-term situations, like having a friend pay your bills while you’re on vacation. Others are long-term, in case you get sick and can’t make choices for yourself. Below are the different types:
Durable POA
A Durable Power of Attorney is a legal document that appoints someone you trust to handle your finances and healthcare decisions if you become unable to. That means they can manage your bills, investments, and property or make medical decisions on your behalf. Unlike other POAs, a Durable POA remains valid even if you become incapacitated.
There are also two types of durable power of attorney, namely:
- Durable Power of Attorney for Finances: This legal document authorizes a trusted individual to manage your financial affairs if you become incapacitated. That empowers them to handle tasks like paying bills, filing taxes, and managing investments or property.
- Durable Power of Attorney for Healthcare: A Durable Healthcare POA allows a designated agent to make medical decisions on your behalf if you cannot do so due to illness or injury. That grants them the authority to communicate with doctors, choose medical treatments, and ensure their healthcare wishes are followed.
Non-Durable/Special POA
A non-durable POA is like letting your friend handle that one task, then it’s done. This POA type isn’t advisable if you get sick because it expires if you can’t make decisions for yourself anymore. For long-term situations, a durable POA is the way to go.
Who Can Be An Attorney-in-Fact or Agent in Nevada?
Picking someone to handle your responsibilities if you’re in a hospital or nursing home has some rules in Nevada:
- Off Limits to Healthcare Staff. You can’t pick people who work there, like the doctor, nurse, or even the owner of the place.
- Exceptions to the Rule. Nevada allows certain exceptions on who you can allow as your agent. Your spouse, a legal guardian (someone who handles your affairs), or a close relative can be your helper.
- Benefits. Naming someone as your attorney-in-fact in Nevada is possible if they are helping you establish benefits. Extra rules, such as not having a valid financial POA, are a must for Medicaid eligibility.
Anyone you trust and over 18 can be your helper, as long as they don’t work in the same place you’re staying. Picking just one person is usually easier, but having a backup person in case your first choice can’t help is a good idea.
How Do I Create a Power of Attorney?
Creating a POA in Nevada is easier than you might think. Below is a quick guide to get you started:
- Get the Right Form: Nevada has specific rules for POAs. You can find official state forms or use software to create a valid POA.
- Choose Your Agent: Pick someone you trust completely to handle your finances or healthcare decisions (depending on the POA type).
- Decide on Powers: Select the specific tasks your agent can handle. For finances, that might include paying bills or managing accounts. For healthcare, it could involve making medical decisions.
- Sign and Witness: Review and sign the POA. You might need a notary public or witnesses to observe your signing, depending on Nevada’s requirements.
- Make Copies: Give a copy to your agent and keep the original in a safe place your loved ones can access.
- File if Needed: If your POA allows buying or selling real estate, file a copy with the county land records office. For healthcare POAs, share a copy with your doctors or medical facilities.
Why Do I Need a Power of Attorney Lawyer in Las Vegas?
The time will come when incapacity catches up to you, and you’d want to be prepared. That is where a power of attorney comes in. The process might sound confusing, but a lawyer can help.
Enlisting the help of a Las Vegas power of attorney lawyer grants you the following benefits:
- Ensures Your POA is Valid in Nevada: A Las Vegas lawyer can ensure your document meets all the requirements in Nevada, giving you peace of mind that it will be enforceable if needed.
- Chooses the Right POA Type: There are different POAs for different situations. A lawyer can help you decide between a Durable POA (lasting) or a Non-Durable POA (one-time use), depending on your needs.
- Selects the Right Powers for Your Agent: Your POA can grant specific authorities. A lawyer can guide you in choosing the exact powers your agent needs to manage your finances or healthcare effectively.
- Completes the POA According to Regulations: Nevada has specific signing and witnessing requirements for POAs. This requirement entails the principal to sign in the presence of two witnesses. Notarization by a notary public is a must. A lawyer can ensure your POA is completed correctly to avoid any future complications.
- Provides Ongoing Support and Guidance: Life situations change. A Las Vegas lawyer can offer ongoing advice and ensure your POA stays up-to-date as your needs evolve.
Call our Las Vegas Power of Attorney Lawyer Now!
Choosing someone rightful and trustworthy to carry out your wishes is no easy feat. The entire process can be confusing, which is why it is a must to contact a Las Vegas power of attorney lawyer from Riggi Law Firm who can help you make the right choices.
David A. Riggi, our power of attorney lawyer, has also represented clients dealing with bankruptcy and family law concerns. Don’t wait too long. Call our attorneys to get the peace of mind you and your family deserve.