Permitted in Nevada?
Yes, a power of attorney may become effective at a specified time or upon the occurrence of a specified future event.[1]
Signing Requirements
Must be signed by the principal or by an individual at the direction of the principal before a notary public.[2]
If the principal resides in a hospital or nursing home at the time the power of attorney is executed, a certificate of competency signed by a nurse, physician, psychologist, or psychiatrist must be attached to the document.
If the principal resides (or is about to reside) in a hospital or nursing home at the time the power of attorney is executed, the principal may not name any of the staff as an agent unless they are the spouse, legal guardian, or next of kin of the principal.[3]
“Incapacity” Definition
“Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return, as determined by a court of competent jurisdiction or, if an instrument executed pursuant to this chapter specifically provides a different method for determining the incapacity of an individual for the purposes of this chapter, as determined by the method set forth in that instrument.[4]
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return, as determined by a court of competent jurisdiction or, if an instrument executed pursuant to this chapter specifically provides a different method for determining the incapacity of an individual for the purposes of this chapter, as determined by the method set forth in that instrument.[4]