NRS162A.790. Execution of power of attorney; acknowledgment; witnesses; certification of competency required for certain principals; validity of power of attorney executed outside this State.

      1.  Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent concerning such decisions.

      2.  A power of attorney for health care must be signed by the principal. The principal’s signature on the power of attorney for health care must be:

      (a) Acknowledged before a notary public; or

      (b) Witnessed by two adult witnesses who know the principal personally.

      3.  Neither of the witnesses to a principal’s signature may be:

      (a) A provider of health care;

      (b) An employee of a provider of health care;

      (c) An operator of a health care facility;

      (d) An employee of a health care facility; or

      (e) The agent.

      4.  At least one of the witnesses to a principal’s signature must be a person who is:

      (a) Not related to the principal by blood, marriage or adoption; and

      (b) To the best of the witnesses’ knowledge, not entitled to any part of the estate of the principal upon the death of the principal.

      5.  If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of the execution of the power of attorney, a certification of competency of the principal from a physician, psychologist or psychiatrist must be attached to the power of attorney.

      6.  A power of attorney executed in a jurisdiction outside of this State is valid in this State if, when the power of attorney was executed, the execution complied with the laws of that jurisdiction or the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.

      7.  As used in this section:

      (a) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

      (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (d) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      (Added to NRS by 2009, 198; A 2013, 925)