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1993-09-13
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#define.stb Definitions of legal terms
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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 we recommend 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.