Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified Nevada attorney about your specific situation.
Detailed Answer
When an elderly heir experiences declining capacity, Nevada law provides several methods for another person to make personal and financial decisions on their behalf. Key options include:
1. Durable Power of Attorney (Financial)
A durable power of attorney lets an individual (the principal) appoint an agent to manage financial affairs. Under NRS 162A (NRS 162A), the document must be signed by the principal while they still have capacity, witnessed by two adults, and notarized. You can grant broad authority or limit powers to specific accounts, real estate transactions, or bill payments.
2. Medical Power of Attorney
Also governed by NRS 162A (NRS 162A.510–.680), a medical power of attorney appoints a health care agent to make medical choices if the principal cannot. It can cover treatment decisions, admission to care facilities, and end-of-life instructions.
3. Supported Decision-Making Agreements
Under Nevada law, a supported decision-making agreement allows an individual to choose one or more supporters for help in understanding options and communicating decisions. This less restrictive alternative preserves the heir’s legal capacity while offering guidance.
4. Guardianship and Conservatorship
If an heir lacks all capacity, you may petition for guardianship (personal decisions) or conservatorship (financial decisions) under NRS 159 (NRS 159). The process involves:
- Filing a petition with the county probate court.
- Obtaining a medical evaluation of capacity.
- Notifying the proposed ward and relatives.
- Attending a court hearing where the judge reviews evidence.
The court can grant limited or full powers. Guardians and conservators must file annual reports and can be removed if they fail to act in the ward’s best interest.
5. Representative Payee for Government Benefits
If the heir receives Social Security or VA benefits, you can apply to become a representative payee. The Social Security Administration appoints the payee to manage benefit payments and report account activity.
Helpful Hints
- Consider the least restrictive option first—start with powers of attorney or supported decision-making agreements.
- Choose a trusted, organized agent or guardian with integrity and financial literacy.
- Keep all documents updated—review them after major life events.
- File powers of attorney with financial institutions if required.
- Understand reporting deadlines and bond requirements for guardians and conservators.
- Consult a Nevada probate attorney early to streamline court procedures.