Nevada Living Will Requirements
Based on NRS §449A.400 through 449A.481 (Care and Rights of Patients)
Quick Summary
- Document type: Declaration Relating to Use of Life-Sustaining Treatment
- 2 witnesses required
- Notarization not required
Witness Requirements
Nevada requires 2 witnesses who are present when you sign your declaration relating to use of life-sustaining treatment. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the declarant's attending health care provider or any employee of the attending health care provider
- A witness cannot be an employee, operator, or owner of the health care facility in which the declarant is receiving care
- At least one witness must not be related to the declarant by blood, marriage, or adoption
- At least one witness must not be entitled to any portion of the declarant's estate by will or by operation of law
- A witness cannot simultaneously serve as the declarant's designated agent
- If the declarant resides in a nursing home, neither witness may be an owner, operator, or employee of the nursing home
When Your Living Will Takes Effect
Your Nevada living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time.
Persistent Vegetative State
A persistent vegetative state is a sustained complete loss of self-aware cognition, characterized by a permanent and irreversible condition of unconsciousness in which the patient demonstrates no awareness of self or environment and no capacity for interaction with others.
Irreversible Condition
An irreversible condition is a condition that cannot be reversed or cured, in which the administration of life-sustaining treatment serves only to postpone the moment of death or to maintain the patient in a state of permanent unconsciousness.
Important Notes for Nevada
- Nevada's living will provisions are governed by NRS Chapter 449A (§449A.400 through 449A.481)
- The declaration must be signed by the declarant (or another person at the declarant's direction) and attested by two witnesses
- The person must be of sound mind and 18 years of age or older to execute a declaration
- The declarant may designate another competent adult to make decisions about withholding or withdrawing life-sustaining treatment
- A declaration becomes operative when it is communicated to the attending physician and the declarant is determined to be in a terminal condition and no longer able to make decisions regarding life-sustaining treatment
- A properly executed durable power of attorney for health care decisions under NRS 162A.790 addressing life-sustaining treatment satisfies the requirements of the declaration statute
- A declaration may be revoked at any time by the declarant without regard to mental state or competency
- Nevada maintains an Advance Directive Registry through the Secretary of State's office (Nevada Lockbox)
- If the agent is granted authority to make decisions about burial or cremation, the document must also be notarized
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.