Existing law sets forth provisions governing durable powers of attorney for health care decisions. (NRS 162A.700-162A.870) Section 36 of this bill establishes a form to create an advance health-care directive that includes provisions relating to: (1) naming an agent and alternate agent and limiting an agent's authority; (2) health care instructions concerning life-sustaining treatment and certain priorities; (3) optional special powers of an agent, access to health information by an agent, additional guidance for an agent and the nomination of a guardian; (4) organ donation; and (5) certain information for agents. Section 78 of this bill repeals the current form for powers of attorney for health care. Existing law requires a power of attorney for health care to be signed by the principal, whose signature must be acknowledged by a notary public or witnessed by two adult witnesses who personally know the principal. Existing law also sets forth certain persons who are disqualified from being a witness to a principal's signature and establishes certain other requirements relating to such witnesses. Existing law further requires that a certification of competency of the principal be attached to a power of attorney if the principal lives in certain health care facilities. (NRS 162A.790) Section 57.7 of this bill: (1) removes the requirement that the witnesses to a principal's signature must personally know the principal; (2) provides that only the owner or operator or an employee of a nursing home in which the principal resides is disqualified from being a witness to the principal's signature; and (3) removes the requirement that a certification of competency must be attached to the power of attorney of a principal who lives in certain health care facilities. Sections 5-19 of this bill define certain words and terms for the purposes of the provisions of law governing powers of attorney for health care decisions. Sections 57.3 and 61-72 of this bill make conforming changes to indicate the proper placement of sections 5-36 of this bill in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 159.0753, 162A.220, 200.495, 225.330, 232.459, 433A.190, 439.4923, 439.4972, 449A.309, 449A.433, 449A.524, 449A.545, 449A.621, 449A.703, 449A.727, 450B.440, 450B.520, 451.595, 457.020, 631.313, 639.0155
Reprint 1: 162A.710, 162A.790, 433A.190, 449A.309, 449A.545, 449A.621, 449A.703, 449A.727, 450B.520, 162A.860
As Enrolled: 162A.710, 162A.790, 433A.190, 449A.309, 449A.545, 449A.621, 449A.703, 449A.727, 450B.520, 162A.860
BDR: 159.0753, 162A.220, 200.495, 225.330, 232.459, 433A.190, 439.4923, 439.4972, 449A.309, 449A.433, 449A.524, 449A.545, 449A.621, 449A.703, 449A.727, 450B.440, 450B.520, 451.595, 457.020, 631.313, 639.0155