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What is
an Advance Directive?
An advance directive is generally a written statement,
which you complete in advance of serious illness, about
how you want medical decisions made. The two most
common forms of Advance Directives are: A "Living
Will" and a "Durable Power of Attorney for
Healthcare."
An advance directive allows you to state
your choices for health care or to name someone to make
those choices for you, if you become unable to make
decisions about your medical treatment. In short, an
advance directive can enable you to make decisions about
your future medical treatment. You can say "yes"
to treatment you want, or say "no" to treatment
you do not want.
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What is a
Living Will?
A Living Will, which is also known in Nevada as a
"DECLARATION", directs a physician to
withhold or withdraw life-sustaining treatment. A Living
Will only goes into effect under the
following conditions:
- You must have an incurable and irreversible
condition that without the administration of life-sustaining
treatment will result in death within a relatively
short time; and
- You are not able to communicate your
desires, such as being in a coma.
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If I
execute a Living Will, does that mean I will not receive
pain medication or food and water?
No. Nevada law specifically provides that the execution
of a Living Will does not affect the responsibility
of your doctor to provide treatment for your comfort
or alleviation of pain.
With respect to food and water, you may state in your
Living Will that you do not want food and water withdrawn
or withhold.
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What is
a Durable Power of Attorney for Health Care?
In Nevada, a "Durable Power of Attorney for Health
Care" is a signed, dated, and witnessed paper naming
another person, such as a husband, wife, daughter, son,
or close friend, as your "agent" or "proxy"
to make medical decisions for you if you should become
unable to make them for yourself. You can include instructions
about any treatment you want or wish to avoid, such
as surgery or artificial feeding. The Durable Power
of Attorney for Health Care will be in effect whenever
you are unable to make decisions. The medical problem
does not have to be terminal or incurable.
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Do I need
both a Living Will and a Durable Power of Attorney for
Health Care?
You can execute one or the other, or both of them. A
Living Will is your personal statement regarding life-sustaining
treatment. A Durable Power of Attorney for Health Care
is much broader in scope than the Living Will in that
it covers any medical decisions not just a decision
concerning life-sustaining treatment.
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Do I have
to write an Advance Directive under Nevada law?
No. it is entirely up to you.
Can I
change my mind after I write a Living Will or a Durable
Power of Attorney for Health Care?
Yes. Both the Living Will and the Durable Power of Attorney
for Healthcare can be revoked either orally or in writing.
It is better to revoke it in writing, if you are able
to do so.
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What if I
fill out an Advance Directive in Nevada and am hospitalized
in a different state?
The law on honoring an Advance Directive from another
state is unclear. Because an Advance Directive tells
your wishes regarding medical care, it may be honored
wherever you are, if it is made known. But if
you spend a great deal of time in more than one state,
you may wish to consider having your Advance Directive
meet the laws of both states, as much as possible.
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What should
I do with my Advance Directive if I choose to have one?
Make sure that someone, such as your close friend or
family member, knows that you have an advance directive
and knows where it is located. You should also do the
following:
- If you have a Durable Power of Attorney,
give a copy or the original to your "agent"
or "proxy;"
- Ask your physician to make your Advance
Directive part of your permanent medical record;
- Keep a second copy of your Advance
Directive in a safe place where it can be found easily,
if it is needed;
- Keep a small card in your purse or
wallet, which states that you have an Advance Directive,
where it is located, and who your "agent"
or "proxy" is, if you have named one.
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I cannot
download the Advance Care Planning documents, what can
I do?
If the main link to the Advance Care Planning documnets
does not work, try this link to a smaller version of
the same file: Advance Care Planning Documents.
Also make sure that your version of Acrobat
Reader is 6.0 or above.
Follow
this link for your free upgrade.
If you still have trouble please call
our office at (775) 327-2309 and we will be glad to
send you up to 10 copies at no charge. For amounts larger
than 10 there is a nominal fee to cover reproduction
costs.
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How
do I register my living will with the Nevada Secretary
of State?
Learn how to register your living will with the Nevada
Secretary of State by visiting http://www.livingwilllockbox.com/.
For more information see the American Bar Association's
website: http://www.abanet.org/aging/toolkit/home.html
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