Is a Living Will the Same as a Medical Power of Attorney?
Short answer, no. In Nevada, a living will (also called a “declaration” about life-sustaining treatment) states your wishes about end-of-life care if you cannot speak for yourself. A medical power of attorney appoints a trusted person to make health care decisions for you any time you are incapacitated, not just at end of life. Many Nevadans use both so that doctors and family have clear written guidance and a legally authorized decision-maker.
What a living will covers
A living will tells clinicians whether to withhold or withdraw life-sustaining treatment in specific situations, such as a terminal condition or permanent unconsciousness. Nevada law provides a statutory format, but you can tailor it to reflect your values and preferences. The living will speaks for you, it does not name an agent.
What a medical power of attorney covers
Nevada calls this a Durable Power of Attorney for Health Care Decisions. You name an agent to consult with doctors and make medical choices if you cannot. The agent can access records, consent to or refuse treatment, and coordinate care within limits you set. Nevada statutes spell out who may serve, required language, and prohibited consents, so using the proper form matters.
Why most people should have both
These documents solve different problems. Your living will gives clinicians your written instructions. Your medical power of attorney fills the gaps, because not every situation is predictable. Together, they reduce conflict, speed decisions, and ensure your values guide your care. Nevada also supports an Advance Directive Registry (the “Living Will Lockbox”) so hospitals can quickly find your documents when needed. Filing is optional and free.
Common misconceptions, clarified
- “My spouse can decide for me automatically.” Nevada providers look for legal authority. A signed medical power of attorney avoids delays and confusion.
- “A financial power of attorney covers health care, too.” It does not. Nevada’s financial POA expressly excludes health care decisions. Use the health care form.
- “POLST is the same as a living will.” A POLST is a physician’s order for current treatment, typically for seriously ill patients. It is different from an advance directive and complements, not replaces, your living will and medical power of attorney.
How to put Nevada documents in place
- Choose your agent. Pick someone who will follow your wishes and communicate clearly under pressure. Nevada limits certain providers and facility staff from serving unless closely related.
- Complete Nevada-compliant forms. Use the Durable Power of Attorney for Health Care Decisions and a living will declaration. Sign with the required witnesses or notary per the form instructions.
- Share and store. Give copies to your agent, your doctor, and close family. Consider uploading to the Nevada Advance Directive Registry so hospitals can access them.
- Review after major life changes. Update after marriage, divorce, diagnosis, or a new physician.
Plan with confidence
At Dempsey, Roberts & Smith, we help you create clear, Nevada-compliant advance directives that protect your wishes and reduce stress for your family. We explain your options in plain language, prepare the correct forms, and ensure your agent knows their role. Schedule a consultation to get started.