There come times when an individual may not be able to make their own decisions in regards to either their healthcare or their finances. This may be due to illness, incapacity, or one simply not being available. Fortunately, Nevada law allows for one to designate another to make important decisions on their behalf. By granting someone “power of attorney,” they may enter into transactions and make choices regarding your healthcare. It is important that the instrument be carefully crafted, however, in order to avoid unintended consequences. Nikki Dupree-O’Brien is a Las Vegas lawyer helping to draft the necessary documents and can do so as part of a larger estate plan. Contact our office online or by telephone to get started.
Las Vegas estate planning attorney helping those who need someone to manage their finances or healthcare
A power of attorney grants another person the authority to make decisions on your behalf. The individual being granted authority is known as an “agent.” The instrument may grant the agent authority to enter into financial transactions and to access accounts. It may also grant authority for the agent to make healthcare decisions in the event one is incapacitated and is unable to make such choices for themselves. The level of authority can be as broad or as narrow as one wishes it to be. Also, the authority can expire automatically after a certain period of time, upon a certain event, or if an individual is no longer available to revoke it. An instrument that continues through an indefinite amount of time, and into the incapacity of the individual, is known as a “durable” power of attorney.
For a power of attorney to be valid in the state of Nevada, it must be signed by the principal (the person granting authority). It may also be signed by someone directed to do so while in the principal’s “conscious presence.” If the principal is in a hospital or assisted living facility at the time, then they may not designate their healthcare providers as their agent. The instrument will be presumed valid, by those accepting it, if the principal signed it before a notary public. If the instrument is not durable, then it will automatically terminate when the principal passes away, becomes incapacitated, when the principal chooses to revoke it, or when the limited reason for which it was established has been completed.
There are several things to consider when creating a power of attorney. The first is the breadth of authority being delegated to an agent. A poorly-crafted instrument can result in the person having too much or too little authority. This, in turn, can lead to them taking financial advantage of the principal or not being able to engage in needed transactions. Also, individuals sometimes create what they believe is a durable power of attorney only to find out that the instrument is no longer valid at a time that it is needed.
Nikki Dupree-O’Brien is a Las Vegas power of attorney lawyer who understands the importance of making sure that such instruments meet their intended goals. She will use your initial consultation to gain an understanding of your situation and to make sure you all understand all of your possible options. Nikki will make sure that your POA meets all of your needs but does not grant more authority to an agent then is necessary. She will also assist with future changes to ensure that any necessary updates to the POA are made so that it always meets any changes in your circumstances. Our office prides itself on providing a high level of service. Contact us online or by telephone today.
Attorney helping Las Vegas residents to create a POA as part of a larger estate plan
A power of attorney can be an important part of a larger estate plan. Other aspects of a complete approach include the creation of a last will and testament, the creation of a living trust, and avoiding probate through the proper handling of jointly-owned property. Our office understands that no two situations are the same and we do not take a “one size fits all” approach when creating a larger plan. We will consider your particular needs and goals and will ensure that they are met. This allows you to focus on your life and your family rather than legal issues.