Elder Law Issues
Nevada Legal Services visits Senior Centers across the state to provide legal assistance to seniors. We receive funding from the Nevada Aging and Disability Services Division for the Independent Living Grant (ILG). This grant is designed to serve seniors throughout Nevada maintain their ability to live independently. We provide services to seniors in our full range of practice areas but also provide services that directly impact seniors by providing assistance drafting Durable Powers of Attorney for Healthcare Decisions, Durable Powers of Attorney for Financial Decisions, and limited estate planning documents. Please contact our offices if you would like more information on our scheduled visits to the various Senior Centers around the state or to see if you qualify for assistance. For more information regarding topics that impact seniors, please see below.
Common Issues in Elder Law
Durable Powers of Attorney for Healthcare Decisions
I would like to designate someone to make healthcare decisions for me if I am no longer able to make them myself. Is this an option and how do I do that?
When does a power of attorney become effective?
Who determines if I am incapacitated and unable to make those decisions myself?
What if I change my mind about who I have designated to be my agent? Can I name a different agent?
How else can it end?
What if I have more than one person I would like to designate as my agent? Must I name an alternate agent?
Can I name my doctor as my agent for power of attorney?
What if I recover and am once again able to make my own healthcare decisions?
What if I eventually need a guardian? Do I have any say in determining who that will be?
I do not qualify for Medicaid and am not old enough to receive Medicare. What if I am uninsured but need healthcare? Is there a lower cost alternative than purchasing private insurance?
What is the Access to Healthcare Network?
I would like to designate someone to make healthcare decisions for me if I am no longer able to make them myself. Is this an option and how do I do that?
Any adult may execute a power of attorney document enabling you to name a person to make those healthcare decisions for you if you are no longer able to make those decisions yourself. You are known as the principal, the person you designate would be known as your agent. You must sign the power of attorney in front of a notary public or in front of two people who know you personally. At least one of those witnesses cannot be related to you by blood, marriage or adoption or be entitled to any part of your estate. Neither witness can be a health care provider, an employee of a health care provider, an operator of a health care facility or an employee of a health care facilitiy. See NRS 162A.
When does a power of attorney become effective?
As soon as it is executed, unless you specify in the power of attorney document that it becomes effective upon some future date or upon your incapacity.
Who determines if I am incapacitated and unable to make those decisions myself?
A physician, psychiatrist or licensed psychologist must say so in writing.
What if I change my mind about who I have designated to be my agent? Can I name a different agent?
A principal can revoke a power of attorney at any time. A new power of attorney naming someone else as your agent automatically revokes any previous power of attorney to make healthcare decisions.
How else can it end?
It also ends when you die. Unless an alternate agent is named in the power of attorney, this authority also ends when the agent dies, becomes incapacitated, resigns or a termination date is included in the power of attorney.
What if I have more than one person I would like to designate as my agent? Must I name an alternate agent?
You may designate two or more people to act as co-agents. They may exercise their authority independently unless you designate otherwise in your power of attorney. You may, but are not required, to name an alternate agent.
Can I name my doctor as my agent for power of attorney?
No. Nevada law says that you cannot name your healthcare provider, an employee of your healthcare provider, an operator of a healthcare facility or an employee of a healthcare facility (unless this person is also your spouse, guardian, or the person most closely related to you by blood.)
What if I recover and am once again able to make my own healthcare decisions?
This power of attorney will continue to exist until the time you become able to make health care decisions for yourself.
What if I eventually need a guardian? Do I have any say in determining who that will be?
If incompetency proceedings are ever initiated, this power of attorney designation nominates that individual to the court to be your guardian.
I do not qualify for Medicaid and am not old enough to receive Medicare. What if I am uninsured but need healthcare? Is there a lower cost alternative than purchasing private insurance?
Access to Healthcare Network (AHN) is one option for Nevadans who don’t have healthcare insurance or other coverage.
What is the Access to Healthcare Network?
AHN is a non-profit medical discount plan registered with the State of Nevada, Division of Insurance. AHN also provides dental and vision related healthcare services. Members pay AHN a low-cost membership fee. Members pay each provider the discounted fee at the time of their appointment or service. AHN is not health insurance and therefore does not pay the provider for the member’s healthcare services, the member does.
Contact the Access to Healthcare Network for details regarding the eligibility requirements as there are income and asset guidelines.
AHN also administers other programs that supply health-related services to uninsured and low-income Nevadans. The AHN Help Line links individuals and families to healthcare programs and community resources throughout Nevada. You may contact AHN at 1-877-385-2345 or www.accesstohealthcare.org.
NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.
