Power of Attorney & Advance Directives

A Power of Attorney (POA) is a legal document that authorizes someone you choose — called your “agent” or “attorney-in-fact” — to act on your behalf in financial, legal, or medical matters. It can be general (covering a wide range of decisions) or limited (restricted to specific actions or time periods).

An Advance Directive is a broader healthcare planning tool that allows you to state your preferences for medical treatment if you become unable to communicate your wishes. It typically includes two parts:

A Living Will — outlining the types of life-sustaining treatments you do or do not want.

A Durable Power of Attorney for Healthcare — naming a trusted person to make healthcare decisions for you.

While both documents are essential, they serve different purposes. A power of attorney for finances handles your money and legal affairs, while an advance directive ensures your medical care aligns with your values.

The timing depends on the type of document:

A Durable Power of Attorney for Finances can be made effective immediately or only if you become incapacitated (this is called a “springing” POA).

A Durable Power of Attorney for Healthcare and a Living Will generally take effect only when you are unable to communicate or make medical decisions for yourself, as determined by a physician.

In Nevada and California, you have the option to choose when a financial POA becomes effective. Some clients prefer immediate effectiveness so their agent can assist with routine matters, while others prefer a springing POA to retain full control until incapacity. We guide you in selecting the approach that fits your comfort level and needs.

Choosing the right agent is one of the most important decisions in preparing these documents. Your agent should be someone you trust completely to act in your best interests, follow your instructions, and make sound decisions under pressure.

For a financial power of attorney, choose someone who is organized, financially responsible, and capable of managing accounts, paying bills, and making legal decisions. For a healthcare power of attorney, select someone who can communicate effectively with medical professionals, advocate for your wishes, and handle emotionally challenging situations.

It’s also wise to name an alternate agent in case your primary choice is unable or unwilling to serve when needed.

Yes. As long as you have legal capacity, you can revoke or amend these documents at any time. To revoke a POA, you must provide written notice to your agent and any third parties (such as banks) who may have relied on it. To revoke or change an advance directive, you can create a new document and provide copies to your healthcare providers and agents.

It’s important to review these documents regularly — at least every 3–5 years or after major life events such as marriage, divorce, a move to another state, or the death of a named agent. This ensures your documents remain accurate and legally enforceable in Nevada and California.