NEVADA DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
WARNING TO PERSONS EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN, DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.
4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.
5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION.IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION,AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.
6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.
7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.
8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.
9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.
10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
Call the Utilization Manager for more information at 775-289-3001 extension 221.
What is an Advanced Directive?
This is a written statement which is completed in advance of a serious illness describing how the patient wants medical decisions made. Advanced Directives allow a patient to state their choices about healthcare, or to name someone to make decisions for them should they become unable to do so.
The two most common types:
- Durable Power of Attorney
- Living Will
What is a Living Will?
This directs a patient's doctor to withhold or withdrawal life-sustaining treatment. A Living Will only goes into effect under the following conditions:
- An incurable condition and irreversible condition that without the administration of life sustaining treatment will result in death within a short period of time.
- Patient is not able to communicate their desire, such as being in a coma.
If patient has a Living Will, does that mean they will not receive food, water, or pain medication?
No, these things can be decided specifically in their medical document.
What is a Durable Power of Attorney for Healthcare?
In Nevada, a Durable Power of Attorney for Healthcare, DPOA, is a signed, dated, and witnessed paper naming another person, such as a husband, wife, son, daughter, or friend, as the patient's agent/proxy. They are able to make healthcare decisions if the patient is unable. The patient can include instructions about treatment and what they want to avoid, such as surgery, artificial feedings, etc. This will be put into effect when the patient in unable to make decisions.
Does the patient need both a Living Will and a Durable Power of Attorney?
They can have one, or the other, or both. A Living Will is their statement regarding life-sustaining treatment. The DPOA is much broader in scope than the Living Will in that it covers any medical decisions, not just a medical decision concerning life-sustaining treatment.
Does a patient have to have an Advanced Directive?
No. It's up to them.
Can a patient change their Living Will or Durable Power of Attorney?
Yes. They can be revoked at any time.
Will their Nevada Advanced Directives be accepted in other states?
Maybe not. If a patient spends a lot of time in another state they need to make sure they meet both state's laws regarding the Advanced Directives.
Once they get these documents, what should they do with them?
- Give a copy to their proxy/agent.
- Have their doctor make it a part of their medical record.
- Keep a second copy with them.
- Use a wallet card naming agent/proxy.