Power of Attorney in Nevada

By Cindy DeRuyter, J.D.

Power of Attorney in Nevada

By Cindy DeRuyter, J.D.

There are many reasons to consider creating a power of attorney, or POA, including planning for future incapacity or designating someone to handle certain matters when you don't have the time or capacity to handle them yourself. When you create a POA in Nevada, you give someone else legal authority to manage your financial affairs and transact business on your behalf. State-specific laws govern powers of attorney. Nevada residents should ensure they understand the options, considerations, and requirements to make valid powers of attorney in the state.

Young woman and elderly woman looking at paperwork and using a laptop together

Choosing an Agent

When you create a Nevada power of attorney, you need to name someone to act on your behalf. The person you name for your POA is called your agent, or attorney-in-fact—although they do not need to be an attorney. You can name any competent adult for this role, including a spouse, adult child, other family member, or friend.

Acting as an agent can be a big undertaking, so make sure the person you name is willing to act in that capacity for you. It is also a powerful role and is dangerous in the wrong hands, so be sure you trust that your nominated agent will act in your best interest.

Conventional vs. Durable Power of Attorney

There are two POA options in Nevada: conventional and durable. A conventional document authorizes a named agent to handle only certain types of transactions. Conventional powers of attorney are often limited to a specific period of time and end if the person who granted the power becomes incapacitated. This option may make sense for people who want help handling transactions, such as real estate closings when they cannot be there physically.

The second option, a durable power of attorney, is more common when creating this specific legal document for estate planning purposes. A durable POA may grant broad authority and is valid until your death, your agent's death, or until you revoke the form. It authorizes your agent to handle your affairs if you are alive but become incapacitated or incompetent. When you create a durable POA, you lower the likelihood of a loved one needing to go to court to establish guardianship or conservatorship over your finances if incapacity strikes.

Making the Document Legal

Nevada law specifies that the person granting the power must write and sign their power of attorney document. To make the document legal, you must either get a notary public's signature or have two adults who personally know you watch you signing and sign themselves as witnesses. There are restrictions on healthcare providers or their employees serving as witnesses. Additionally, your nominated agent cannot be a witness, even if he or she otherwise qualifies.

If you want to create either a conventional or durable power of attorney in Nevada, you can find instructions and information at your public library or county law library. Some people choose to work with Nevada-licensed attorneys to create powers of attorney that give a trusted family member, friend, or professional authority to manage their finances.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.