Signing Over Authority
NRS 162A.210 and NRS 162A.220 — durable unless it says otherwise, signed by the principal, and presumed genuine when acknowledged
Durable by default. A Nevada power of attorney created under the uniform act is durable, meaning it survives the principal's incapacity, unless it expressly provides that incapacity ends it.
It must be signed by the principal, or by another individual the principal directs to sign the principal's name, in the principal's conscious presence. A signature acknowledged before a notary public or another person authorized to take acknowledgments is presumed genuine.
If the principal lives in a hospital, a residential facility for groups, a facility for skilled nursing or a home for individual residential care when signing, a certification of the principal's competency from an advanced practice registered nurse, physician, psychologist or psychiatrist must be attached.
| Principal living in, or about to enter, a hospital, assisted living or skilled nursing facility | May the facility, its owner or an employee be the agent? |
|---|---|
| Principal living in, or about to enter, a hospital, assisted living or skilled nursing facilityIn general | May the facility, its owner or an employee be the agent?No |
| Principal living in, or about to enter, a hospital, assisted living or skilled nursing facilityThe person is the principal's spouse, legal guardian or next of kin | May the facility, its owner or an employee be the agent?Yes |
| Principal living in, or about to enter, a hospital, assisted living or skilled nursing facilityNamed only to establish Medicaid eligibility, with no valid financial power of attorney and the limits the section requires | May the facility, its owner or an employee be the agent?Yes, until eligibility is decided or 6 months after signing, whichever is sooner |
Using a Medicaid-only power of attorney for any other purpose is a category C felony. The agent's duties and the powers a document may grant are in other sections and are not reproduced here. Drafting, limiting or challenging one is a matter for a licensed Nevada attorney.
Sources for this section (2)
- NRS 162A.210 — Power of attorney is durable; exceptions
- NRS 162A.220 — Execution of power of attorney
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.