5-015.18A Power of Attorney

473 NAC 5-015.18A

When the worker concludes that the best interest of the client would be served by the client giving power of attorney to another individual or to a corporation, the worker shall assist the client to contact an attorney for legal advice concerning the assignment of power of attorney.

The Department recommends that the client's signature on a power of attorney be notarized and that a copy of the power of attorney be filed with the county clerk.

The client may revoke a power of attorney at any time as long as s/he is competent.

A power of attorney may be revoked by the individual to whom it is granted. It may also be terminated by the request, death, disability, or incapacity of the client giving the power of attorney. The power of attorney may remain effective when the adult becomes disabled or incompetent if s/he specifies in the document that the power should continue if disability or incompetence occurs. Caution should be exercised when suggesting this course of action to a client. If a court finds the client was incapacitated at the time s/he gave the power of attorney, the power of attorney may be terminated and all actions transacted under that power of attorney declared null and void.