Title 13

NRS 162A.770 “Qualified patient” defined. “Qualified patient” means a patient, 18 years of age or older, who has executed a declaration and who has been determined by the attending physician to be in a terminal condition. (Added to NRS by 2009, 198)

NRS 162A.780 “Terminal condition” defined. “Terminal condition” means an incurable and irreversible condition that cannot be cured or modified by any known current medical therapy or treatment, and which, without the administration of life-sustaining treatment, will in the opinio…

NRS 162A.790 Execution of power of attorney; acknowledgment; witnesses; validity of power of attorney executed outside this State. 1. Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for th…

NRS 162A.800 Nomination of guardian of person; relation of agent to court-appointed guardian; duties of guardian. 1. In a power of attorney for health care, a principal may nominate a guardian of the principal’s person for consideration by the court if guardianship proceedings fo…

NRS 162A.810 Time at which power of attorney is effective. 1. A power of attorney for health care is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon incapacity. 2. If a power of attorney for health …

NRS 162A.815 Acceptance and reliance upon acknowledged power of attorney. 1. A physician, an advanced practice registered nurse, a health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care without actual kno…

NRS 162A.820 Termination of power of attorney or authority of agent. 1. A power of attorney for health care terminates when: (a) The principal dies; (b) The principal revokes the power of attorney; (c) The power of attorney includes a termination date; or (d) The principal revoke…

NRS 162A.830 Co-agents and successor agents. 1. A principal may designate two or more persons to act as co-agents. Unless the power of attorney for health care otherwise provides, each co-agent may exercise its authority independently. 2. A principal may designate one or more suc…

NRS 162A.840 Persons not eligible for designation as agent. 1. Except as otherwise provided in subsection 2, a principal may not name as agent in a power of attorney for health care: (a) His or her provider of health care; (b) An employee of his or her provider of health care; (c…

NRS 162A.850 Agents: Prohibited acts; decisions concerning use or nonuse of life-sustaining treatment. 1. The agent may not consent to: (a) Commitment or placement of the principal in a facility for treatment of mental illness; (b) Convulsive treatment; (c) Psychosurgery; (d) Ste…

NRS 162A.855 Advance health-care directive: Form. The following form may be used to create an advance health-care directive. ADVANCE HEALTH-CARE DIRECTIVE HOW YOU USE THIS FORM You can use this form if you wish to name someone to make health care decisions for you in case you can…

NRS 162A.865 Power of attorney for adult with intellectual disability: Form. 1. The form of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the fol…

NRS 162A.870 Power of attorney for adult with dementia: Form. 1. The form of a power of attorney for health care for an adult with any form of dementia may be substantially in the following form, and must be witnessed or executed in the same manner as the following form: DURABLE …

NRS 162B.005 Short title. This chapter may be cited as the Uniform Powers of Appointment Act. (Added to NRS by 2017, 1372)

NRS 162B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 162B.015 to 162B.100, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2017, 1372)

NRS 162B.015 “Appointee” defined. “Appointee” means a person to which a powerholder makes an appointment of appointive property. (Added to NRS by 2017, 1372)

NRS 162B.020 “Appointive property” defined. “Appointive property” means the property or property interest subject to a power of appointment. (Added to NRS by 2017, 1372)

NRS 162B.025 “Blanket-exercise clause” defined. “Blanket-exercise clause” means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that: 1. Expressly uses the words “any power” in exercising any power…

NRS 162B.030 “Donor” defined. “Donor” means a person that creates a power of appointment. (Added to NRS by 2017, 1373)

NRS 162B.035 “Exclusionary power of appointment” defined. “Exclusionary power of appointment” means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees. (Added to NRS by 2017, 1373)

NRS 162B.040 “General power of appointment” defined. “General power of appointment” means a power of appointment exercisable in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder or a creditor of the powerholder’s estate. (Added to NRS by 2017, 1373…

NRS 162B.045 “Gift-in-default clause” defined. “Gift-in-default clause” means a clause identifying a taker in default of appointment. (Added to NRS by 2017, 1373)

NRS 162B.050 “Impermissible appointee” defined. “Impermissible appointee” means a person that is not a permissible appointee. (Added to NRS by 2017, 1373)

NRS 162B.055 “Instrument” defined. “Instrument” means a record. (Added to NRS by 2017, 1373)

NRS 162B.060 “Nongeneral power of appointment” defined. “Nongeneral power of appointment” means a power of appointment that is not a general power of appointment. (Added to NRS by 2017, 1373)

NRS 162B.065 “Permissible appointee” defined. “Permissible appointee” means a person in whose favor a powerholder may exercise a power of appointment. (Added to NRS by 2017, 1373)

NRS 162B.070 “Person” defined. “Person” includes an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. (Added to NRS by 2017, 1373)

NRS 162B.075 “Power of appointment” defined. “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not incl…

NRS 162B.080 “Powerholder” defined. “Powerholder” means a person in which a donor creates a power of appointment. (Added to NRS by 2017, 1373)

NRS 162B.085 “Presently exercisable power of appointment” defined. “Presently exercisable power of appointment” means a power of appointment exercisable by the powerholder at the relevant time. The term: 1. Includes a power of appointment not exercisable until the occurrence of a…

NRS 162B.090 “Specific-exercise clause” defined. “Specific-exercise clause” means a clause in an instrument which specifically refers to and exercises a particular power of appointment. (Added to NRS by 2017, 1373)

NRS 162B.095 “Taker in default of appointment” defined. “Taker in default of appointment” means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. (Added to NRS by 2017, 1373)

NRS 162B.100 “Terms of the instrument” defined. “Terms of the instrument” means the manifestation of the intent of the maker of the instrument regarding the instrument’s provisions as expressed in the instrument or as may be established by other evidence that would be admissible …

NRS 162B.105 Governing law. Unless the terms of the instrument creating a power of appointment manifest a contrary intent: 1. The creation, revocation or amendment of the power is valid if permitted under any of: (a) The governing law adopted by the instrument creating the power;…

NRS 162B.110 Common law and principles of equity. The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this State other than this chapter. (Added to NRS by 2017, 1374) CREATION, REVOCATION AND AMENDMENT OF POWER …

NRS 162B.200 Creation of power of appointment. 1. A power of appointment is created only if: (a) The instrument creating the power is valid under applicable law; and (b) The terms of the instrument creating the power manifest the donor’s intent to create in a powerholder a power …

NRS 162B.210 Nontransferability. A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses. (Added to NRS by 2017, 1374)

NRS 162B.220 Presumption of unlimited authority. Subject to NRS 162B.240, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: 1. Presently exercisable; 2. Exclusionary; and 3. Except as otherwise provided in NRS 162B.23…

NRS 162B.230 Exception to presumption of unlimited authority. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: 1. The power is exercisable only at the powerholder’s death; and 2. The permissible appointees …

NRS 162B.240 Rules of classification. 1. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral. 2. If the permissible appointees of a power of appointment are not defined and limited, the power is exclus…

NRS 162B.250 Power to revoke or amend. A donor may revoke or amend a power of appointment only to the extent that: 1. The instrument creating the power is revocable by the donor; or 2. The donor reserves a power of revocation or amendment in the instrument creating the power of a…

NRS 162B.300 Requisites for exercise of power of appointment. A power of appointment is exercised only: 1. If the instrument exercising the power is valid under applicable law; 2. If the terms of the instrument exercising the power: (a) Manifest the powerholder’s intent to exerci…

NRS 162B.305 Intent to exercise: Determining intent from residuary clause. 1. A residuary clause in a powerholder’s will or a comparable clause in the powerholder’s revocable trust, manifests the powerholder’s intent to exercise a power of appointment only if: (a) The terms of th…

NRS 162B.310 Intent to exercise: After-acquired power. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: 1. Except as otherwise provided in subsection 2, a blanket-exercise clause extends to a power acquired by the powerholder after …

NRS 162B.315 Substantial compliance with donor-imposed formal requirement. A powerholder’s substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or speci…

NRS 162B.320 Permissible appointment. 1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder’s estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholde…