Nevada Power of Attorney Turning 18: Financial and Medical POA for Your Disabled Child

Why POA Matters at the 18th Birthday

The moment your child turns 18 in Nevada, you lose the legal authority to manage their finances, access their medical records, or make healthcare decisions on their behalf — even if they have significant intellectual or developmental disabilities. A durable power of attorney, executed on or immediately after that birthday, restores that authority through a private agreement rather than a court order.

Nevada offers two critical POA instruments under NRS Chapter 162A, and for families navigating the disability transition, both may be needed.

Financial Power of Attorney (NRS 162A.620)

The statutory financial POA form under NRS 162A.620 allows your adult child to grant you authority over banking, government benefits, taxes, and property management. You can choose general authority (covering all financial matters) or limit the POA to specific categories.

For most families in the disability transition, the key financial powers are:

• Banking and investments — accessing and managing accounts
• Government benefits — handling SSI paperwork, Medicaid applications, ABLE account management
• Taxes — filing returns, receiving refunds
• Personal property — managing purchases, insurance, vehicle registrations

The financial POA must be in writing, signed by your child, and notarized. It's "durable" by default — it remains effective even if your child later loses cognitive capacity, unless the document explicitly states otherwise.

Healthcare Power of Attorney (NRS 162A.865)

Nevada provides a simplified healthcare POA designed specifically for adults with intellectual disabilities. This isn't the standard healthcare directive form — it's a separate statutory instrument created to accommodate cognitive differences.

Key features of the NRS 162A.865 form:

• Plain-language format accessible to individuals with varying cognitive abilities
• Collaborative approach — emphasizes discussion between you and your child rather than one-sided decision-making
• Preserved expression — your child can still voice preferences and can verbally revoke your authority at any time
• Scope — covers medical treatment decisions and access to health records

The healthcare POA can be executed with notarization or in the presence of two qualified adult witnesses (who aren't the named agent).

The Capacity Question

Both POA forms require your child to possess sufficient cognitive capacity at the moment of signing. But "sufficient capacity" isn't a high bar:

For the financial POA: Your child must understand that they're granting someone authority to handle money and property on their behalf. They don't need to understand complex financial concepts — just the basic delegation.

For the healthcare POA: Your child must understand they're choosing someone to help with medical decisions. The NRS 162A.865 form was specifically designed with this lower threshold in mind.

The facility rule for financial POAs: If your child resides in a hospital, residential facility for groups, facility for skilled nursing, or home for individual residential care at the time of execution, a certification of competency from an advanced practice registered nurse, physician, psychologist, or psychiatrist must be attached under NRS 162A.220(2). For a healthcare POA, NRS 162A.790(3) instead limits who may witness the document when your child resides in a nursing home.

If your child cannot meet even these lowered capacity standards, a POA isn't possible — you'll need to evaluate guardianship. But many families are surprised to find that their child can execute a POA when they assumed guardianship was the only path.

Executing the Documents: A Checklist

1. Choose your forms — Use Nevada's statutory forms under NRS 162A. Both are available through the Nevada State Bar and court self-help centers.
2. Customize the scope — For the financial POA, select which powers to grant. For the healthcare POA, review the specific decision areas covered.
3. Arrange signing — For the financial POA, you'll need a notary. For the healthcare POA, you can use a notary or two qualified adult witnesses.
4. Facility certification — If applicable, coordinate with the treating clinician to complete the competency certification.
5. Register the healthcare POA — File a copy with the Nevada Secretary of State Advance Directive Lockbox so hospital staff can access it in emergencies.
6. Distribute copies — Provide copies to your child's doctors, bank, school, and anyone else who will need to verify your authority.

POA vs. Guardianship: The Trade-Off

A POA costs $0 to $200 (notary fees and copies). Guardianship costs $3,000 to $5,000 in attorney fees for uncontested cases, plus ongoing annual reporting. A POA preserves all of your child's civil rights. Guardianship takes some of them away.

The trade-off: a POA requires your child's capacity to sign, and your child can revoke it at any time. If there's a risk that your child could be manipulated into revoking the POA, or if critical institutions reject an older or vague POA, guardianship provides a court order that can't be revoked by the protected person.

For most families, a POA — possibly combined with a supported decision-making agreement and an educational representative designation — covers the practical needs. Our Nevada Adult Guardianship & Alternatives Guide helps you make that determination with capacity evaluation worksheets and step-by-step instructions for every option.

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