Who Will Make My Medical Decisions if I Don’t Have a Healthcare Power of Attorney?
In Nevada, having a medical power of attorney (also known as a healthcare power of attorney) allows individuals to designate someone they trust to make medical decisions on their behalf if they become incapacitated. However, not everyone has this legal document in place. So, who makes medical decisions when there is no power of attorney?
The Role of a Healthcare Agent
Nevada law provides a process for determining who can make healthcare decisions if a person cannot make them on their own and has not designated a power of attorney. In these cases, a healthcare agent is appointed. A healthcare agent is a person authorized to make medical decisions on behalf of the incapacitated individual.
Priority of Decision-Makers
When there is no power of attorney, Nevada law follows a specific order of priority to determine who can act as a healthcare surrogate:
- Spouse or Domestic Partner – The individual’s spouse or registered domestic partner typically has the highest priority.
- Adult Children – If there is no spouse or domestic partner, adult children share the right to make decisions.
- Parents – If no adult children are available, the parents of the individual are next in line.
- Adult Siblings – Siblings can step in if none of the previous options are available.
- Other Adult Relatives or Close Friends – If no immediate family members are available, close friends or more distant relatives may serve as the decision-maker.
What Happens in a Dispute?
If family members or potential agents cannot agree on medical decisions, the matter may need to be resolved in court. A judge can appoint a guardian to make decisions.
Importance of a Healthcare Power of Attorney
While Nevada law provides a default system for appointing an agent, relying on it can lead to delays and conflicts. To avoid uncertainty, it is wise to create a healthcare power of attorney. This ensures that your healthcare wishes are followed, and someone you trust will be legally empowered to act on your behalf.
Conclusion
In Nevada, when someone lacks a healthcare power of attorney, their spouse, family members, or close friends may make healthcare decisions for them, based on a legal priority list. However, planning ahead with a healthcare power of attorney can provide peace of mind and prevent potential conflicts. The team at Surratt Law Practice is here to guide you through every part of your journey!