Power of Attorney in Las Vegas, NV
Have you ever wondered who would take care of your finances or make decisions for you if you were unable to do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document can help you prepare for any situation where you may need someone else to make decisions for you. With the help of an attorney in Las Vegas, Nevada you can easily set one up and get peace of mind today.
What Is a Power of Attorney?
The American Bar Association defines power of attorney as a document that gives someone power to act on your behalf as a legal agent. This authority can be either temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.
Why Would You Need a Power of Attorney?
One of the reasons why you may pursue a POA is for convenience. For example, you may rather have someone manage your assets without securing your approval each time. Any Nevada POA can circumvent checks and balance steps, and allow someone to act on your behalf.
Another reason for a POA is if you are unable to make legally sound decisions. A POA provides you with security, giving a person of your choosing the power to act for you. This arrangement is typical for senior citizens. It’s also common for people with severe physical or mental conditions that prevent them from making decisions.
Types of Power of Attorney In Las Vegas, Nevada
Not every POA grants the same powers to your agent. In fact, you can choose from a variety of different POAs. This allows you to cater to what best suits your situation.
General Power of Attorney
A general POA grants an array of powers to the agent. This can include:
- The ability to handle your financial matters and accounts
- Power to manage your insurance needs
- The ability to operate your business
- The ability to make business decisions on your behalf
- Power to hire or fire employees
- The ability to settle claims against you
- The ability to change your estate plan.
You may use this type of POA if you will be away for an extended period and need legal representation in Las Vegas, NV to handle your affairs. This legal arrangement may happen during your absence. It may also occur in a situation where you cannot make the decisions on your own due to an illness or injury.
Special Power of Attorney
A special POA is more specific, giving you the power to sign off on distinct powers granted to your agent. For example, if you only want someone to sign off on real estate deals, a limited power of attorney would be proper. You may also choose to use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.
Nevada’s power of attorney laws govern general, financial, and health care POAs in Las Vegas. You can create a general POA using the statutory form, which allows you to choose which powers to give your agent. In addition, there are also some specialized forms available. For example, health care POAs have their own form. Furthermore, the Nevada Department of Motor Vehicles provides a form for POAs specifically relating to vehicle registrations and titles.
Health Care Power of Attorney
This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.
You may want to use a health care POA if you are elderly or sick. It’s possible you could find yourself in a situation where you can’t make decisions on your own. A Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.
Durable Power of Attorney
A durable power of attorney (DPOA), enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.
Under Nevada law, all Las Vegas POAs are durable unless they expressly state otherwise. Technically, execution of your POA does not require that you sign in the presence of a notary. However, doing so creates a presumption that the POA is valid. Furthermore, many financial institutions will only accept a notarized POA. In addition, if you reside in a hospital, residential care facility, or nursing home, a certification of competency must accompany the POA. This certification is a statement by your healthcare provider that you were mentally competent at the time of executing the POA.
Choosing an Agent
The person you choose as an agent should be someone you trust. Often, people choose a family member as they usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs. This should be someone you trust to honor your wishes.
Appointing Multiple Agents
As a principal, in Las Vegas, NV you have the right to appoint multiple agents. You decide whether these agents act together or make separate decisions. Having two or more agents establishes a system of checks and balances. This procedure keeps one agent from making too rash of a judgment. However, it can also lead to discrepancies that may cause delays.
At the very least, it is crucial to have a backup POA should something happen to your primary. A successor agent can take control once the primary agent either passes away or cannot carry out the duties of an agent.
Revoking a Power of Attorney in Las Vegas, Nevada
You have the right to revoke your power of attorney at any time as long as you are of sound mind to do so. You will have to put your revocation in writing and file it with the same place in Las Vegas, NV that handled your original POA paperwork.
Another party may also try to revoke your POA. Although, that becomes a much more complex legal proceeding and would be difficult to prove in court. The person would have to show the agent has done something to jeopardize your interests.
According to the State Bar of Nevada, you can revoke your Las Vegas POA by sending a written notice to your agent. The notice can be a simple document, but you should sign it in the presence of a notary. Alternatively, you can revoke previous POAs by including a statement to that effect in a new POA. In addition, if your agent is your spouse, a legal separation or divorce filing automatically ends their authority. However, it does not revoke the POA itself, so the spousal agent’s powers transfer to the successor agent.
Using a POA to Protect your Interests
You can insert provisions into your agreement that force your agent to report to an outside party. For example, a family accountant or a designated medical doctor could fill this role. This arrangement adds another layer of security and guarantees that another party can review decisions.
A Las Vegas POA gives you the option to nominate a guardian, should a guardianship become necessary in the future. Under Nevada statute, the creation of a guardianship terminates a nondurable POA. Likewise, it suspends a durable POA for the duration of the guardianship. However, in some cases, a Las Vegas court may allow a durable agent to retain certain powers during a guardianship. If this happens, the agent must file a quarterly accounting with both the court and the guardian.
Do I Need a Lawyer to File POA in Las Vegas, Nevada?
It is always wise to consult with an attorney who specializes in Las Vegas trust or estate issues. POA paperwork can be complex, so having a dedicated Las Vegas legal professional on your side is helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.
Work with an Experienced Local Lawyer in Las Vegas, Nevada
If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Las Vegas lawyer that can help you navigate your POA. We can even help you connect with an attorney across Nevada state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!