Nevada Financial POA, Medical POA and Advance Directive Package

Understand the Role of Each Document

The three documents are related but are not interchangeable.

Financial power of attorney

The financial power of attorney addresses financial, property, business, account, benefit, tax, and administrative matters selected by the customer.

Healthcare power of attorney

The healthcare power of attorney appoints an agent to make authorized healthcare decisions.

Living will or advance directive

The living will records the customer’s own instructions concerning life-sustaining treatment and related future care.

A financial agent does not automatically become the healthcare agent.

A healthcare agent does not automatically receive authority over bank accounts, property, contracts, taxes, or business matters.

A living will does not itself grant broad financial or healthcare authority to another person.

Choose the Agents Carefully

The customer must select the financial and healthcare agents.

The same person may be selected for both roles, or different people may be appointed.

The customer should consider whether each proposed agent:

• Is trusted
• Is willing to serve
• Understands the assigned role
• Can follow written instructions
• Is reasonably available
• Can keep appropriate records
• Can communicate with institutions or healthcare providers
• Can manage family disagreement
• Will act for the customer’s benefit
• Has no unresolved conflict with the customer
• Can protect private financial and medical information

Lake Mead Mobile Notary cannot recommend who should serve or determine whether one person is better suited than another.

Financial and Healthcare Successors May Be Different

The customer may name successor agents who serve if the primary agent is unavailable, unwilling, deceased, incapacitated, or otherwise unable to act.

Different successor agents may be appropriate for financial and healthcare matters.

The customer should provide complete information for each appointment and decide:

• Who serves first
• Who serves next
• Whether co-agents are requested
• Whether co-agents may act independently
• Whether co-agents must act jointly
• Whether different agents handle different subjects
• Whether an agent’s authority is restricted
• Whether a successor must provide evidence before acting

Joint-action requirements may create delays when one agent is unavailable or when the agents disagree.

The Customer Must Select the Financial Authority

Lake Mead Mobile Notary cannot choose which financial powers should be granted.

The customer must determine whether the agent may act concerning subjects such as:

• Real property
• Personal property
• Banks and financial institutions
• Investments
• Businesses
• Insurance
• Claims
• Government benefits
• Retirement plans
• Taxes
• Estates and trusts
• Personal and family maintenance
• Other financial matters

The customer must also decide whether restrictions, transaction limits, expiration terms, or special instructions are needed.

Attorney review should be considered when the requested authority involves:

• Gifts
• Trust creation or amendment
• Beneficiary changes
• Survivorship rights
• Transfers benefiting the agent
• Medicaid or long-term-care planning
• Substantial real-estate transfers
• Business succession
• Significant investments
• Estate-tax planning
• Conflicting family interests
• A vulnerable principal
• Unusual or highly customized authority

The Customer Must Select the Healthcare Authority

Lake Mead Mobile Notary cannot decide which medical decisions an agent should be authorized to make.

The customer must provide instructions concerning:

• Who will serve as agent
• Which decisions the agent may make
• Which decisions are restricted
• Whether special healthcare instructions are needed
• Whether the agent may access medical information
• Whether the agent may select providers or facilities
• Whether end-of-life authority is included
• Whether guardian nomination language is requested
• Whether existing medical documents must be replaced or preserved

Questions about treatment choices, medical outcomes, prognosis, life-sustaining treatment, hospice, pain management, resuscitation, or artificial nutrition should be discussed with a healthcare professional.

Agent Eligibility Requires Review

Nevada restricts certain healthcare providers, facility operators, and facility employees from serving as healthcare agents unless an applicable exception exists.

Additional review is required when the proposed healthcare agent is:

• The customer’s physician
• Another treating healthcare provider
• An employee of the treating provider
• An owner or operator of a healthcare facility
• An employee of the facility where the customer resides
• A paid caregiver
• A person whose interests may conflict with the customer’s healthcare choices

Nevada’s healthcare power-of-attorney provisions address appointment, agent eligibility, execution, and specialized statutory forms.

Lake Mead Mobile Notary does not resolve disputed appointments or determine whether an unusual agent relationship is legally advisable.

Durability and Effective Terms

A financial power of attorney may remain effective during incapacity unless the document provides otherwise.

A healthcare power of attorney may have different operational provisions and may be effective when executed unless the customer specifies otherwise under the applicable Nevada framework.

The customer must decide:

• Whether financial authority begins immediately
• Whether financial authority begins upon a later event
• Whether the authority continues during incapacity
• Whether an expiration date is needed
• Whether completion of a transaction ends authority
• Whether healthcare authority is subject to special instructions
• Whether any document should replace an earlier appointment

Questions about springing authority, incapacity conditions, or customized effective terms require attorney review when the legal effect is uncertain.

The Documents Have Different Execution Requirements

The three documents should not be signed as though they all have identical formalities.

The financial power of attorney generally uses a principal signature and notarial acknowledgment within the standard Lake Mead Mobile Notary workflow.

Nevada’s healthcare power-of-attorney framework permits execution through acknowledgment before a notary or through qualified adult witnesses, subject to the applicable statutory requirements.

Nevada’s declaration governing life-sustaining treatment uses a two-witness execution process.

The customer should not sign any document before the confirmed execution process begins.

Notarizing one document does not automatically satisfy the separate witness requirements of another document.

Witnesses Should Be Selected in Advance

When witnesses are required, they should be:

• Adults
• Competent to observe the execution
• Able to remain present for the required signing process
• Able to complete their names, signatures, and dates accurately
• Free from obvious coercion
• Eligible under the requirements of the applicable document
• Unlikely to create a conflict concerning healthcare decisions or estate interests

Witness qualifications may differ between documents.

A person who is appropriate as a notarial witness or general observer may not necessarily qualify under a specific healthcare-document provision.

Hospitals and Care Facilities Require Advance Review

Additional review is required when the customer will sign at:

• A hospital
• A skilled-nursing facility
• An assisted-living community
• A residential-care facility
• A rehabilitation facility
• A hospice location
• A memory-care facility
• An individual residential-care home
• Another institutional healthcare setting

Facility-based signing may involve:

• Access restrictions
• Clinical scheduling
• Identification issues
• Witness availability
• Agent-eligibility restrictions
• Capacity or communication concerns
• Healthcare-professional certification
• Existing guardianship documents
• Facility-specific policies
• Infection-control or visitor requirements

Nevada imposes additional requirements for certain financial powers of attorney executed by residents of specified healthcare and residential facilities. Those matters must be reviewed before the signing is scheduled.

Capacity and Voluntary Intent

The customer must personally understand:

• That agents are being appointed
• The difference between financial and healthcare authority
• The powers being granted
• The important restrictions
• The treatment instructions being selected
• When the documents become effective
• The potential consequences of the agents’ actions

Preparation or execution may be paused when:

• The customer cannot explain the appointments
• Another person provides every answer
• The customer appears pressured, frightened, or coerced
• Family members are arguing over the agents or instructions
• The customer cannot communicate a clear decision
• The customer appears heavily sedated or medically unstable
• Capacity is disputed
• A proposed agent controls all access to the customer
• The package conflicts with a guardianship or court order
• Material instructions change during the execution session

Lake Mead Mobile Notary does not diagnose incapacity or make a legal competency determination.

Existing Documents Must Be Disclosed

Provide copies of any existing:

• Financial power of attorney
• Limited power of attorney
• Special-purpose power of attorney
• Healthcare power of attorney
• Living will
• Advance directive
• Psychiatric advance directive
• POLST
• Do-not-resuscitate document
• Trust
• Guardianship order
• Court order
• Attorney-prepared estate plan

A replacement package may contain language affecting earlier documents.

The customer should not assume that preparing a new document automatically resolves every conflict or removes every copy held by an agent, provider, financial institution, registry, or family member.

Conflicting documents may require attorney review.

Living Will, POLST, and DNR Are Different

A living will is a legal advance-planning document containing the customer’s future treatment instructions.

A Provider Order for Life-Sustaining Treatment is a medical order designed primarily for people with serious illness or frailty and generally requires participation by an authorized healthcare provider.

A do-not-resuscitate order or identification concerns emergency resuscitation and operates under a separate Nevada medical framework.

This package does not include preparation or issuance of medical orders.

Nevada Advance Directive Registry

Nevada maintains an Advance Directive Registry through the Nevada Lockbox.

The registry may hold advance healthcare documents so authorized healthcare professionals can locate them when the customer cannot personally provide a copy. Nevada identifies living wills, declarations governing life-sustaining treatment, and healthcare powers of attorney among the documents that may be filed with the registry.

Registry submission is a separate administrative stage unless expressly included in the confirmed scope.

A Will or Trust Is Not Included

This package does not control the distribution of property after death.

A financial power of attorney generally ends upon the principal’s death. It does not replace:

• A last will and testament
• A trust
• A beneficiary designation
• A transfer-on-death deed
• A payable-on-death account
• A probate proceeding
• Another post-death transfer arrangement

Customers seeking instructions for property distribution, probate avoidance, beneficiary planning, guardianship nominations, or trust administration require a separate service or professional consultation.

Separate Services and Third-Party Costs

The standard preparation scope does not include:

• Legal advice
• Attorney review
• Medical advice
• Financial, tax, or accounting advice
• Recommendations concerning agents
• Recommendations concerning authority
• Treatment counseling
• Will preparation
• Trust preparation
• Deed preparation
• Beneficiary-designation review
• Estate-tax or asset analysis
• Psychiatric advance directives
• POLST preparation
• Do-not-resuscitate orders
• Guardianship proceedings
• Court filings
• Capacity or competency evaluations
• Healthcare-professional certifications
• Notarization
• Witness services
• Mobile travel or appointments
• Facility access charges
• Registry submission
• Medical-record retrieval
• Certified copies
• Translation or interpreter services
• Long-term original-document storage
• Courier service, postage, or tracked delivery
• Additional documents
• Extensive customized provisions
• Revisions outside the accepted scope

Any requested related service must be separately identified and confirmed.

Preparation Does Not Guarantee Acceptance or a Particular Outcome

Lake Mead Mobile Notary does not guarantee:

• That the package is a complete estate plan
• That the selected agents are the best choices
• That every future financial or medical circumstance is addressed
• That an agent will be available when needed
• That an agent will act properly
• That family members will agree with the appointments
• That every bank, provider, facility, agency, or institution will accept the documents
• That an institution will not require its own form
• That outdated copies will be disregarded
• That every document remains appropriate after changes in health, family, residence, finances, or law
• That an improperly completed execution will be accepted
• That additional legal, medical, financial, or estate-planning documents will not be required

The customer remains responsible for the decisions supplied and should obtain professional review whenever the requested plan exceeds the verified standard scope.

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