What are Power of Attorney Documents?

When you think of estate planning, you most often think of wills and trusts. With a will and/or trust you can direct your loved ones on how to handle your affairs after you die. But what if you are alive and sickness or age has left you incapable of caring for yourself? A will or trust will not help in this situation. If you want to decide who will take care of you and your financial affairs in the event of your incapacity, then you must execute valid power of attorney documents while you still have capacity to do so.

What are the Different Types of Power of Attorney Documents?

Power of attorney documents are generally split into two types of documents: financial power of attorney and health care power of attorney. The financial power of attorney will authorize an agent to make decisions regarding your financial affairs. The health care power of attorney will generally authorize your agent to accept or reject medication or medical treatment on your behalf.

Must an Attorney Prepare Power of Attorney Documents?

Clear Counsel Law Group believes it is best to consult with an attorney when signing power of attorney documents (we realize that sounds self-serving), but no, an attorney is not required to prepare valid power of attorney documents. Indeed, in the current COVID-19 environment, meeting with an attorney may not be desirable or even possible. In hopes of helping those that want the peace of mind of having such documents prepared and in place during this troubled time, below are simple instructions on completing your own power of attorney documents.

In Nevada, the forms for financial and health care power of attorney can be copied and pasted directly from Nevada Statutes.

1. Financial Power of Attorney (Statutory Form Power of Attorney). The form for financial power of attorney can be found in NRS 162A.620. You should include ALL the language from that provision.
2. Health Care Power of Attorney (Durable Power of Attorney for Health Care Decisions). This form can be found in NRS 162A.860. You should include ALL the language from that provision.

Once printed, you must coordinate with a notary public to properly execute and notarize the document. If you are unable or unwilling to physically interact with a notary, then you can use an electronic notary.

https://www.nvsos.gov/sos/licensing/notary/electronic-notary-solution-provider-information-1678

Clear Counsel Law Group is currently accepting in-person meetings, but we are also available for phone calls and video conferences to discuss your estate planning needs.

Taylor L. Waite
702-476-5900
taylor@clearcounsel.com

The start of school looks very different this year for teachers and students alike. Instead of worrying about backpacks, binders, and what to wear, many are thinking about lost wages, loved ones, and a last will and testament.

Yes, you can type a will rather than hand write it, but there's a few rules to follow.

Clear Counsel Law Group is grateful for the lifelong impact teachers, administrators, coaches, and many others have, and will have, on the education and growth of our children. We hope the information below regarding preparing a simple will is helpful in these troubled times to all our educators and any others that work high-risk jobs in the current pandemic.

While a handwritten (holographic) will is valid in Nevada,[1] a signed and witnessed will is a more secure way to make your wishes known. With the help of a couple of neighbors, friends, or co-workers (the law requires 2 competent witnesses), you can prepare a valid will, including witness statements. Follow these simple steps to prepare a valid will in the State of Nevada:

1. The Document – The Last Will and Testament of the Most Amazing Teacher in the World. Sit down at a computer or laptop and type up a will that answers the following important questions:

• Who are you?
  • This section should identify:
    • Your full legal name,
    • If you are married and to whom, divorced, consciously uncoupled (whatever that means), and
    • If you have kids, pets, etc (list them).
  • Who is in charge?
    • This section should identify the individual(s) that you want to be the executor of your estate after you die, including address, phone number, and email if available.
    • You can identify a backup as well if you want to.
  • Who gets your stuff?
    • This section should direct your administrator on how to divide your assets among your beneficiaries. Try to be as clear and specific as possible in describing who gets what.
  • Anything else? The questions above are enough, but you can also include details regarding the following:
    • Whether you want a traditional burial or cremation.
    • Where you want to be buried.
    • Who should take care of your children or pets.

(See NRS 133.020 and 133.040 regarding details of a valid will)

2. Your Signature:
   • Sign in the presence of the witnesses.
   • The documents must be dated and signed.
   • Your signature should be accompanied by a statement declaring that you are of age, of sound mind, and that you are signing of your own free will.

3. Witness Statements and Signatures.
   • A typed will requires signatures from at least two (2) competent witnesses. The witnesses cannot be beneficiaries of your will or related to any beneficiaries of your will.
   • The witness signatures should be accompanied by a statement declaring that:
     • They watched you sign the will,
     • You watched them sign the witness statement, and
     • That they believe you are of age and of sound mind. (see NRS 133.050 for specific language regarding witness declarations).
   • Your witnesses should provide address, phone number and email, if possible.

You can invite a notary to notarize the execution by yourself and your witnesses, but a notary is NOT required to complete a valid will in Nevada.  Once prepared, signed, and witnessed, put the will someplace safe.

When things are clearer in the future, Clear Counsel Law Group will be glad to review your will for free to make sure that it is valid and says what you want it to say. We are currently accepting in-person meetings, but we are available for phone calls and video conferences to discuss your estate planning needs.

Taylor L. Waite
702-476-5900
taylor@clearcounsel.com

[1] Holographic Wills. If you are home alone and unwilling to venture out, you can still prepare a valid will. The following blog post from Clear Counsel Law Group will give you simple guidance on preparing a handwritten will at home. https://www.clearcounsel.com/how-to-write-your-will-while-stuck-at-home-during-the-corona-virus-pandemic/.

The current Corona Virus pandemic has caused all of us, to some degree, to recognize that our time on earth can be fleeting. I know that I have felt an increased desire to have those I love close to me, and to know that they are, and will be okay.

Yes, you can even write your own will on a napkin.

Maybe you have previously thought about preparing a will, and now you are worried that you will not be able to see an attorney to help review and prepare the document. Do not despair, Nevada, and many other states, allow for what is called a Holographic Will that you can prepare on your own while in lock down. To prepare a valid holographic will in the State of Nevada requires:

• You are over the age of eighteen and are of sound mind;
• All material terms – the important parts – must be written in your handwriting; and
• The document must be signed and dated (NRS 133.090).

So grab a sheet of paper, or anything you can write on, and write down your desires and last wishes (though I’d suggest you save the toilet paper for other uses right now). Date it, sign it, and put it somewhere safe. There are betters to come, so let us be hopeful and do what we can right now. Stay safe out there.

For more information see https://www.clearcounsel.com/holographic-wills-you-may-write-out-a-will-on-almost-anything/.

When things are clearer in the future, Clear Counsel Law Group will be glad to review your holographic will for free to make sure that it is valid and says what you want it to say. We are currently accepting in-person meetings, but we are available for phone calls and video conferences to discuss your estate planning needs.

Taylor L. Waite
702-476-5900
taylor@clearcounsel.com