home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Magnum One
/
Magnum One (Mid-American Digital) (Disc Manufacturing).iso
/
d10
/
guide61a.arc
/
LHARC4.EXE
/
NV.SUM
< prev
next >
Wrap
Text File
|
1991-04-22
|
3KB
|
65 lines
#define.stb Defintions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
NEVADA
Synopsis: Nevada has a weak living will statute. The law
allows for the execution of living wills, but does not require
the physician or hospital to follow the patient's directives,
although the same is to be given "weight" in the physicians
determinations. The state has an extremely confusing and frankly
badly drafted law. The law prescribes a form that is to be
substantially followed, but has built in bugs. First of all
the form has a place for two witnesses to sign, without a notary.
What's disturbing about this is that the statute also provides,
(for those interested enough to look See Nev.R.S. Section
449.600) that the living will is to be executed in the same
fashion as a will, which requires witnesses and a notary.
Then to make matters all the worse, the statute also states
that section three of the declaration should be omitted by
male users. This makes sense if you consider that section three
has a pregnancy clause. What doesn't make sense is that section
three also has a clause which provides that the person
making the living will understands that this is an important
document. This APPEARS to be a mistake, but, as lawyers are
wont to do, I worry if the legislature actually intends that
men only need to complete the first two sections. To make up
for this, I have prepared four forms of the standard Nevada
living will. One is the full, statutory version for women.
The second is what I believe the legislature meant for men.
The third is a literal application of the law. If you really
need variety men could execute the form which refers to
pregnancy. Good luck! Someone who lives in Nevada ought to
ask the legislature to carefully re-read the bill and make
it more clear. To prepare a Nevada living will using the state
suggested form, please select this from the document preparation
menu. Remember that the "Weekend Law Firm" (TM) recommends
preparing a "uniform" living will in addition to the form
suggested with by the State of Nevada. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.
Statute number: Nevada Revised Statutes 449.540 et seq
Statute title: "Nevada Withholding or Withdrawal of Life-Sustaining
Procedures Act."
Governmental Agency to contact for more information: None
specified
A specific form of living will is recommended by the law
Witness requirements: Number: 2 [But, the living will apparently
must have the same formality as a will. Thus, you need 3
witnesses and a notary. Relationship: Witnesses may not be
related by blood or marriage, may not be directly responsible
for the medical costs of the declarant and must be over 19 years
of age.
Recording of the living will is not provided for
Revocation of the living will may be made by tearing, defacing,
burning, etc. Verbal revocations are recognized by Nevada law if
the physician is notified, who must note the revocation in the
patient's records.