Health care directive in Nevada: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Nevada.

Checked against official sources: October 31, 2026.

Short answer

Power of attorney for health care

Official form
Advance Health-Care Directive
How to sign
Notarized or signed by two adult witnesses
Who decides without a directive
Yes

The document and its form

Document
Power of attorney for health care
Official form
Advance Health-Care Directive (NRS 162A.855)Published by Nevada Legislature (Legislative Counsel Bureau) - the form is printed in the statuteVersion: Form added by Assembly Bill 414 (2023), effective January 1, 2024; it replaced the earlier statutory health care power of attorney form

You do not have to use it.

Living will

Declaration governing the withholding or withdrawal of life-sustaining treatment

The living will is a separate document.

An adult of sound mind can sign a declaration about withholding or withdrawing life-sustaining treatment, and may name another adult to make those decisions. It must be signed by you (or another person at your direction) and witnessed by two people. It applies when it has been given to your attending physician or advanced practice registered nurse and you are in a terminal condition and can no longer decide. A health care power of attorney that covers life-sustaining treatment also counts as a declaration.

Living will

Law: NRS 162A.855; NRS 449A.433, 449A.436, 449A.439, 449A.442

Signing rules

How to sign

Sign the document. Then either have your signature acknowledged before a notary public or have two adult witnesses sign. In a nursing home, staff, owners and operators of that home cannot be your witnesses.

Who signs

Signed by you.

Notary
A notary or witnesses (your choice)
Witnesses
2 (instead of a notary)
Who cannot witness

Witnesses must be adults. If you live in a nursing home, an owner, operator or employee of that nursing home cannot be a witness. The statutory form also tells you that a witness cannot be the person you name as your agent.

Nursing facilities and special settings

If you live in a nursing home when you sign, neither witness may be an owner, operator or employee of that nursing home.

Law: NRS 162A.790, 162A.855

Who can be your agent and what the agent can do

Who cannot be your agent

You cannot name your own health care provider, an employee of your provider, or an operator or employee of a health care facility as your agent, unless that person is your spouse, legal guardian or next of kin. In addition, if you live in or are about to move to a hospital, assisted living facility or skilled nursing facility, you cannot name that facility or its owner, operator or employee as agent in any power of attorney, with the same family exceptions.

Law: NRS 162A.840; NRS 162A.220

When the agent starts

A power of attorney for health care works as soon as it is signed unless it says it starts on a future date or on your incapacity. If it starts on incapacity, it takes effect when an advanced practice registered nurse, physician, psychiatrist or licensed psychologist determines in writing that you are incapacitated.

Law: NRS 162A.810

Decisions an agent cannot make

Your agent may not consent to commitment or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, abortion, aversive intervention, experimental treatment or research, or any treatment you say in the document the agent may not consent to. Decisions about life-sustaining treatment must follow your known wishes.

Law: NRS 162A.850

Revoking and conflicting documents

Revoking your agent

You can revoke your agent's authority or the whole power of attorney for health care. Signing a new power of attorney for health care automatically revokes any earlier one.

Law: NRS 162A.820

Revoking your instructions

You can revoke a declaration (living will) at any time and in any way, whatever your mental or physical condition. It takes effect when you or a witness to the revocation tells your attending physician or other provider.

Law: NRS 449A.445

Telling others

The provider must put the revocation of a declaration in your medical record.

Law: NRS 449A.445

Divorce ends a spouse's authority
Yes · Divorce rules in Nevada (Divorce Law Map)
Conflicting documents

Signing a power of attorney for health care automatically revokes any earlier power of attorney to make health care decisions.

Law: NRS 162A.820(5)

Law: NRS 162A.820, 449A.445

If you have no directive

Who decides without a directive

Nevada's statute on decisions without a document is narrow: if you are in a terminal condition, can no longer decide and have no declaration, these relatives, in this order, may give written consent, witnessed by two people, to withhold or withdraw life-sustaining treatment. If a whole class is unavailable or declines, the next class decides; an equal split in a class does not pass the decision to the next class. A consent is not valid if it conflicts with your expressed wishes.

  1. Spouse
  2. An adult child (if more than one, a majority of those reasonably available)
  3. Parents
  4. An adult sibling (if more than one, a majority of those reasonably available)
  5. The nearest other adult relative by blood or adoption who is reasonably available

Law: NRS 449A.454

Other states, registry and medical orders

Signed in another state

A power of attorney for health care signed in another state is valid in Nevada if it complied with that state's law or with the federal military power of attorney rules. A declaration signed in another state under that state's law or Nevada law is valid.

Law: NRS 162A.790(4); NRS 449A.481

Registry

Registry of Advance Directives for Health Care (Nevada Secretary of State)

POLST (medical orders)

Provider Order for Life-Sustaining Treatment (POLST) form

Mental health directive

An adult of sound mind can make an advance directive for psychiatric care. It must be signed and attested by two witnesses; neither witness may be your attending physician or provider, their employee, an owner or operator of a medical facility where you are a patient or resident, or the person you appoint. It is valid for 2 years unless revoked, and you can revoke it at any time while capable.

Law: NRS 449A.600-449A.645

Law: NRS 449A.700-449A.739; NRS 449A.500-449A.581

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Nevada

Report abuse or exploitation

Nevada Aging and Disability Services Division - Adult Protective Services · (702) 486-6930

Questions about powers of attorney in Nevada

How do I sign a health care directive in Nevada?

Sign the document. Then either have your signature acknowledged before a notary public or have two adult witnesses sign. In a nursing home, staff, owners and operators of that home cannot be your witnesses.

Who decides my health care if I have no directive in Nevada?

Nevada's statute on decisions without a document is narrow: if you are in a terminal condition, can no longer decide and have no declaration, these relatives, in this order, may give written consent, witnessed by two people, to withhold or withdraw life-sustaining treatment.

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