A.B. 496
Assembly Bill No. 496–Assemblyman Parks
March 19, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Provides for recognition of reciprocal beneficiary relationships. (BDR 11‑1283)
FISCAL NOTE: Effect on Local Government: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to domestic relations; providing for the recognition of reciprocal beneficiary relationships; setting forth the benefits and rights to which persons in a valid reciprocal beneficiary relationship are entitled; declaring certain actions by employers to be an unlawful employment practice; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 11 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 11,
1-3 inclusive, of this act.
1-4 Sec. 2. As used in this chapter, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 6, inclusive, of this
1-6 act have the meanings ascribed to them in those sections.
1-7 Sec. 3. “Declaration of reciprocal beneficiary relationship” means a
1-8 statement on a form provided by the attorney general that declares the
1-9 intent of two persons to enter into a reciprocal beneficiary relationship.
1-10 Sec. 4. “Declaration of termination of reciprocal beneficiary
1-11 relationship” means a statement on a form provided by the attorney
1-12 general that declares the intent of one or both of the parties to a
1-13 reciprocal beneficiary relationship to terminate that relationship.
1-14 Sec. 5. “Reciprocal beneficiary” means a person who is a party to a
1-15 valid reciprocal beneficiary relationship.
1-16 Sec. 6. “Valid reciprocal beneficiary relationship” means a
1-17 relationship:
1-18 1. Between two persons who meet the criteria set forth in section 7 of
1-19 this act;
2-1 2. For which a declaration of reciprocal beneficiary relationship has
2-2 been signed and notarized as required pursuant to section 8 of this act;
2-3 and
2-4 3. That has not been terminated pursuant to section 9 of this act.
2-5 Sec. 7. 1. The State of Nevada hereby recognizes reciprocal
2-6 beneficiary relationships.
2-7 2. Before two persons may enter into a reciprocal beneficiary
2-8 relationship, all the following conditions must be satisfied:
2-9 (a) Each person is 18 years of age or older;
2-10 (b) Neither person is:
2-11 (1) Married; or
2-12 (2) A party to another reciprocal beneficiary relationship; and
2-13 (c) Each person consents voluntarily to enter the reciprocal
2-14 beneficiary relationship and such consent was not obtained by way of
2-15 coercion, duress, force or fraud.
2-16 Sec. 8. Two persons who meet the criteria set forth in section 7 of
2-17 this act may enter into a reciprocal beneficiary relationship by:
2-18 1. Signing a declaration of reciprocal beneficiary relationship; and
2-19 2. Having the declaration of reciprocal beneficiary relationship
2-20 notarized by a notary public who is appointed in this state.
2-21 Sec. 9. 1. Either party to a reciprocal beneficiary relationship may
2-22 terminate the relationship by:
2-23 (a) Signing a declaration of termination of reciprocal beneficiary
2-24 relationship on a form provided by the attorney general; and
2-25 (b) Having the declaration of termination of reciprocal beneficiary
2-26 relationship notarized by a notary public who is appointed in this state.
2-27 2. A reciprocal beneficiary relationship is automatically terminated if
2-28 either party to the relationship:
2-29 (a) Enters into a lawful marriage; or
2-30 (b) Dies.
2-31 Sec. 10. 1. If a reciprocal beneficiary relationship is terminated
2-32 because one of the parties to the relationship:
2-33 (a) Signs and has notarized a declaration of termination of reciprocal
2-34 beneficiary relationship; or
2-35 (b) Enters into a lawful marriage,
2-36 neither party to the former reciprocal beneficiary relationship is entitled
2-37 to receive a right or benefit that is provided by law to a reciprocal
2-38 beneficiary.
2-39 2. If a reciprocal beneficiary relationship is terminated because one
2-40 of the parties to the relationship dies, the termination of the relationship
2-41 does not prevent the surviving reciprocal beneficiary from exercising the
2-42 right to:
2-43 (a) Succeed to any property, interest or benefit to which he may be
2-44 entitled pursuant to the laws of intestate succession.
2-45 (b) Receive any insurance benefits to which he may be entitled under
2-46 any contract or otherwise by law.
2-47 (c) Make suitable arrangements for the decedent pursuant to NRS
2-48 451.023 and 451.650.
3-1 (d) Make an anatomical gift of all or a part of the decedent’s body as
3-2 authorized pursuant to NRS 451.557.
3-3 In addition to the rights and benefits enumerated specifically in
3-4 paragraphs (a) to (d), inclusive, a surviving reciprocal beneficiary is
3-5 entitled to exercise any right or avail himself of any benefit provided
3-6 specifically by law to reciprocal beneficiaries where the context of the
3-7 right or benefit requires logically that the right or benefit extend beyond
3-8 the death of the other party to the relationship.
3-9 Sec. 11. The attorney general may adopt such regulations as the
3-10 attorney general determines are necessary to carry out the provisions of
3-11 this chapter, including, without limitation, regulations to prevent fraud
3-12 with respect to the declaration and termination of reciprocal beneficiary
3-13 relationships.
3-14 Sec. 12. The preliminary chapter of NRS is hereby amended by
3-15 adding thereto a new section to read as follows:
3-16 “Reciprocal beneficiary” has the meaning ascribed to it in section 5 of
3-17 this act.
3-18 Sec. 13. NRS 6.030 is hereby amended to read as follows:
3-19 6.030 1. The court may at any time temporarily excuse any juror on
3-20 account of:
3-21 (a) Sickness or physical disability.
3-22 (b) Serious illness or death of a member of his immediate family[.] or
3-23 of his reciprocal beneficiary.
3-24 (c) Undue hardship or extreme inconvenience.
3-25 (d) Public necessity.
3-26 A person temporarily excused shall appear for jury service as the court may
3-27 direct.
3-28 2. The court shall permanently excuse any person from service as a
3-29 juror if he is incapable, by reason of a permanent physical or mental
3-30 disability, of rendering satisfactory service as a juror. The court may
3-31 require the prospective juror to submit a physician’s certificate concerning
3-32 the nature and extent of the disability , and the certifying physician may be
3-33 required to testify concerning the disability when the court so directs.
3-34 Sec. 14. NRS 16.080 is hereby amended to read as follows:
3-35 16.080 After the impaneling of the jury and before verdict, the court
3-36 may discharge a juror upon a showing of his sickness, a serious illness or
3-37 death of a member of his immediate family[,] or of his reciprocal
3-38 beneficiary, an undue hardship, an extreme inconvenience, any other
3-39 inability to perform his duty or a public necessity. Alternate jurors, in the
3-40 order in which they were selected, shall replace jurors who become unable
3-41 or disqualified to perform their duties. If an alternate juror is required to
3-42 replace a regular juror after the jury has retired to deliberate, the court shall
3-43 recall the jury, seat the alternate and resubmit the case to the jury. If no
3-44 alternate juror has been selected, the trial may proceed with the remaining
3-45 jurors, only if the parties so agree. If the parties do not so agree, the jury
3-46 [shall] must be discharged, and a new jury then or afterwards impaneled.
4-1 Sec. 15. NRS 41B.110 is hereby amended to read as follows:
4-2 41B.110 “Interested person” means:
4-3 1. A parent, spouse, reciprocal beneficiary, child or sibling of a
4-4 decedent;
4-5 2. A beneficiary or a person who would be a beneficiary if another
4-6 person were found to be a killer of a decedent;
4-7 3. A person who serves in any fiduciary or representative capacity with
4-8 respect to any property, interest or benefit that is in any way related to a
4-9 decedent, his estate or a governing instrument or a person who would be
4-10 entitled to serve in such a capacity if another person were found to be a
4-11 killer of a decedent; or
4-12 4. A person who has a right to or claim against any property, interest
4-13 or benefit that is in any way related to a decedent, his estate or a governing
4-14 instrument or a person who would have such a right or claim if another
4-15 person were found to be a killer of a decedent.
4-16 Sec. 16. NRS 134.040 is hereby amended to read as follows:
4-17 134.040 1. If the decedent leaves a surviving spouse or reciprocal
4-18 beneficiary and only one child, or the lawful issue of one child, the estate
4-19 goes one-half to the surviving spouse or reciprocal beneficiary and one-
4-20 half to the child or the issue of the child.
4-21 2. If the decedent leaves a surviving spouse or reciprocal beneficiary
4-22 and more than one child living, or a child and the lawful issue of one or
4-23 more deceased children, the estate goes one-third to the surviving spouse
4-24 or reciprocal beneficiary and the remainder in equal shares to the children
4-25 and the lawful issue of any deceased child by right of representation.
4-26 Sec. 17. NRS 134.050 is hereby amended to read as follows:
4-27 134.050 1. If the decedent leaves no issue, the estate goes one-half to
4-28 the surviving spouse[,] or reciprocal beneficiary, one-fourth to the father
4-29 of the decedent and one-fourth to the mother of the decedent, if both are
4-30 living. If both parents are not living, one-half to either the father or the
4-31 mother then living.
4-32 2. If the decedent leaves no issue, or father or mother, one-half of the
4-33 separate property of the decedent goes to the surviving spouse or
4-34 reciprocal beneficiary and the other one-half goes in equal shares to the
4-35 brothers and sisters of the decedent.
4-36 3. If the decedent leaves no issue , [or] surviving spouse[,] or
4-37 reciprocal beneficiary, the estate goes one-half to the father of the
4-38 decedent and one-half to the mother of the decedent, if both are living. If
4-39 both parents are not living, the whole estate goes to either the father or the
4-40 mother then living.
4-41 4. If the decedent leaves no issue, father, mother, brother or sister, or
4-42 children of any issue, all of the separate property of the decedent goes to
4-43 the surviving spouse[.] or reciprocal beneficiary.
4-44 Sec. 18. NRS 134.060 is hereby amended to read as follows:
4-45 134.060 If there is no issue, surviving spouse, reciprocal beneficiary
4-46 or father or mother, then the estate goes in equal shares to the brothers and
4-47 sisters of the decedent and to the children of any deceased brother or sister
4-48 by right of representation.
5-1 Sec. 19. NRS 134.070 is hereby amended to read as follows:
5-2 134.070 If the decedent leaves no issue, surviving spouse, reciprocal
5-3 beneficiary or father or mother, and no brother or sister living at the time
5-4 of death, the estate goes to the next of kin in equal degree, except that if
5-5 there are two or more collateral kindred in equal degree, but claiming
5-6 through different ancestors, those who claim through the nearest ancestors
5-7 are preferred to those who claim through ancestors more remote. If any
5-8 person dies leaving several children, or leaving a child and issue of one or
5-9 more children, and any such surviving child dies under age and not having
5-10 been married, all the estate that came to the deceased child by inheritance
5-11 from the deceased parent descends in equal shares to the other children of
5-12 the same parent, and to the issue of any other children who may have died,
5-13 by right of representation.
5-14 Sec. 20. NRS 134.090 is hereby amended to read as follows:
5-15 134.090 If the decedent leaves no surviving spouse[,] or reciprocal
5-16 beneficiary, but there is a child or children, the estate, if there is only one
5-17 child, all goes to that child. If there is more than one child, the estate goes
5-18 to all the children of the decedent, to share and share alike.
5-19 Sec. 21. NRS 134.100 is hereby amended to read as follows:
5-20 134.100 If the decedent leaves no surviving spouse[,] or reciprocal
5-21 beneficiary, but there is a child or children and the lawful issue of a child
5-22 or children, the estate goes to the child or children and lawful issue of the
5-23 child or children by right of representation as follows:
5-24 1. To the child or children, each a share ; and [to]
5-25 2. To the lawful issue of each deceased child, by right of
5-26 representation, the same share that the parent would have received if the
5-27 parent had been living at the time of the death of the decedent.
5-28 Sec. 22. NRS 134.110 is hereby amended to read as follows:
5-29 134.110 If the decedent leaves no surviving spouse[,] or reciprocal
5-30 beneficiary, or child or children, but there is the lawful issue of a child or
5-31 children, all the estate descends and must be distributed to the lawful issue
5-32 of the child or children by right of representation, and this rule applies to
5-33 the lawful issue of all such children, and to the lawful issue ad infinitum.
5-34 Sec. 23. NRS 134.120 is hereby amended to read as follows:
5-35 134.120 If the decedent leaves no surviving spouse , reciprocal
5-36 beneficiary or kindred, the estate escheats to the state for educational
5-37 purposes.
5-38 Sec. 24. NRS 217.160 is hereby amended to read as follows:
5-39 217.160 The compensation officer may order the payment of
5-40 compensation:
5-41 1. To or for the benefit of the victim;
5-42 2. If the victim has suffered personal injury, to any person responsible
5-43 for the maintenance of the victim who has suffered pecuniary loss or
5-44 incurred expenses as a result of the injury;
5-45 3. If the victim dies, to or for the benefit of any one or more of the
5-46 dependents of the victim; or
5-47 4. To a member of the victim’s household or immediate family for
5-48 psychological counseling for emotional trauma suffered by the member as
6-1 a result of the crime of murder as defined in NRS 200.010. As used in this
6-2 subsection:
6-3 (a) “Household” means an association of persons who live in the same
6-4 home or dwelling and who:
6-5 (1) Have significant personal ties to the victim; or
6-6 (2) Are related by blood, adoption or marriage, within the first degree
6-7 of consanguinity or affinity.
6-8 (b) “Immediate family” means persons who are related by blood,
6-9 adoption or marriage, within the first degree of consanguinity or affinity.
6-10 The term includes a reciprocal beneficiary.
6-11 Sec. 25. Chapter 287 is hereby amended by adding thereto a new
6-12 section to read as follows:
6-13 If the governing body of any county, school district, municipal
6-14 corporation, political subdivision, public corporation or other public
6-15 agency of the State of Nevada offers to its officers and employees, and to
6-16 such dependents of those officers and employees as may elect to
6-17 participate, group insurance pursuant to NRS 287.010, the governing
6-18 body may:
6-19 1. At its discretion; or
6-20 2. Pursuant to a collective bargaining agreement,
6-21 extend such coverage to include reciprocal beneficiaries of those officers
6-22 and employees.
6-23 Sec. 26. NRS 287.040 is hereby amended to read as follows:
6-24 287.040 The provisions of NRS 287.010 to 287.040, inclusive, and
6-25 section 25 of this act do not make it compulsory upon any governing body
6-26 of any county, school district, municipal corporation, political subdivision,
6-27 public corporation or other public agency of the State of Nevada to, except
6-28 as otherwise provided in NRS 287.021, make any contributions for the
6-29 payment of any premiums or other costs for group insurance or medical or
6-30 hospital services, or upon any officer or employee of any county, school
6-31 district, municipal corporation, political subdivision, public corporation or
6-32 other public agency of this state to accept or join any plan of group
6-33 insurance or to assign his wages or salary or to authorize deductions from
6-34 his wages or salary in payment of premiums or contributions therefor.
6-35 Sec. 27. NRS 449.710 is hereby amended to read as follows:
6-36 449.710 Every patient of a medical facility, facility for the dependent
6-37 or home for individual residential care has the right to:
6-38 1. Receive information concerning any other medical or educational
6-39 facility or facility for the dependent associated with the facility at which he
6-40 is a patient which relates to his care.
6-41 2. Obtain information concerning the professional qualifications or
6-42 associations of the persons who are treating him.
6-43 3. Receive the name of the person responsible for coordinating his care
6-44 in the facility or home.
6-45 4. Be advised if the facility in which he is a patient proposes to
6-46 perform experiments on patients which affect his own care or treatment.
6-47 5. Receive from his physician a complete and current description of his
6-48 diagnosis, plan for treatment and prognosis in terms which he is able to
7-1 understand. If it is not medically advisable to give this information to the
7-2 patient, the physician shall:
7-3 (a) Provide the information to an appropriate person responsible for the
7-4 patient; and
7-5 (b) Inform that person that he shall not disclose the information to the
7-6 patient.
7-7 6. Receive from his physician the information necessary for him to
7-8 give his informed consent to a procedure or treatment. Except in an
7-9 emergency, this information must not be limited to a specific procedure or
7-10 treatment and must include:
7-11 (a) A description of the significant medical risks involved;
7-12 (b) Any information on alternatives to the treatment or procedure if he
7-13 requests that information;
7-14 (c) The name of the person responsible for the procedure or treatment;
7-15 and
7-16 (d) The costs likely to be incurred for the treatment or procedure and
7-17 any alternative treatment or procedure.
7-18 7. Examine the bill for his care and receive an explanation of the bill,
7-19 whether or not he is personally responsible for payment of the bill.
7-20 8. Know the regulations of the facility or home concerning his conduct
7-21 at the facility or home.
7-22 9. Receive, within reasonable restrictions as to time and place,
7-23 visitors of his choosing, including, without limitation, friends, family
7-24 members and his reciprocal beneficiary, if any.
7-25 Sec. 28. NRS 449.820 is hereby amended to read as follows:
7-26 449.820 1. Except as otherwise provided in subsection 2, a principal
7-27 may not name as attorney in fact in a power of attorney:
7-28 (a) His provider of health care;
7-29 (b) An employee of his provider of health care;
7-30 (c) An operator of a health care facility; or
7-31 (d) An employee of a health care facility.
7-32 2. A principal may name as attorney in fact any person identified in
7-33 subsection 1 if that person is the spouse, reciprocal beneficiary, legal
7-34 guardian or next of kin of the principal.
7-35 Sec. 29. NRS 449.830 is hereby amended to read as follows:
7-36 449.830 The form of a power of attorney for a disabled principal must
7-37 be substantially as follows:
7-38 DURABLE POWER OF ATTORNEY
7-39 FOR HEALTH CARE DECISIONS
7-40 WARNING TO PERSON EXECUTING THIS DOCUMENT
7-41 THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A
7-42 DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE
7-43 EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE
7-44 IMPORTANT FACTS:
7-45 1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS
7-46 YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH
8-1 CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY
8-2 LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU
8-3 INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH
8-4 CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL
8-5 OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE,
8-6 TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN,
8-7 DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION.
8-8 YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF
8-9 TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.
8-10 2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A
8-11 DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN
8-12 THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR
8-13 DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.
8-14 3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS
8-15 DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO
8-16 MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE
8-17 POWER TO CONSENT TO YOUR DOCTOR NOT GIVING
8-18 TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP
8-19 YOU ALIVE.
8-20 4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS
8-21 DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM
8-22 THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE
8-23 UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF,
8-24 THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN
8-25 YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR
8-26 YOURSELF.
8-27 5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE
8-28 RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE
8-29 DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE
8-30 INFORMED CONSENT WITH RESPECT TO THE PARTICULAR
8-31 DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO
8-32 YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY
8-33 TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.
8-34 6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT
8-35 OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE
8-36 HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT
8-37 PERSON OF THE REVOCATION ORALLY OR IN WRITING.
8-38 7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY
8-39 GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT
8-40 TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING
8-41 THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER
8-42 OF HEALTH CARE ORALLY OR IN WRITING.
8-43 8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE
8-44 HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO
8-45 EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO
8-46 THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS
8-47 DOCUMENT.
8-48 9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER
8-49 OF ATTORNEY FOR HEALTH CARE.
9-1 10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU
9-2 DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO
9-3 EXPLAIN IT TO YOU.
9-4 1. DESIGNATION OF HEALTH CARE AGENT.
9-5 I,...........................................................................
9-6 (insert your name) do hereby designate and appoint:
9-7 Name: .............................................................
9-8 Address: .........................................................
9-9 Telephone Number: .........................................
9-10 as my attorney-in-fact to make health care decisions for me as authorized
9-11 in this document.
9-12 (Insert the name and address of the person you wish to designate as your
9-13 attorney-in-fact to make health care decisions for you. Unless the person is
9-14 also your spouse, reciprocal beneficiary, legal guardian or the person most
9-15 closely related to you by blood, none of the following may be designated as
9-16 your attorney-in-fact: (1) your treating provider of health care, (2) an
9-17 employee of your treating provider of health care, (3) an operator of a
9-18 health care facility, or (4) an employee of an operator of a health care
9-19 facility.)
9-20 2. CREATION OF DURABLE POWER OF ATTORNEY FOR
9-21 HEALTH CARE.
9-22 By this document I intend to create a durable power of attorney by
9-23 appointing the person designated above to make health care decisions for
9-24 me. This power of attorney shall not be affected by my subsequent
9-25 incapacity.
9-26 3. GENERAL STATEMENT OF AUTHORITY GRANTED.
9-27 In the event that I am incapable of giving informed consent with respect
9-28 to health care decisions, I hereby grant to the attorney-in-fact named above
9-29 full power and authority to make health care decisions for me before, or
9-30 after my death, including: consent, refusal of consent, or withdrawal of
9-31 consent to any care, treatment, service, or procedure to maintain, diagnose,
9-32 or treat a physical or mental condition, subject only to the limitations and
9-33 special provisions, if any, set forth in paragraph 4 or 6.
9-34 4. SPECIAL PROVISIONS AND LIMITATIONS.
9-35 (Your attorney-in-fact is not permitted to consent to any of the
9-36 following: commitment to or placement in a mental health treatment
9-37 facility, convulsive treatment, psychosurgery, sterilization, or abortion. If
9-38 there are any other types of treatment or placement that you do not want
9-39 your attorney-in-fact’s authority to give consent for or other restrictions
9-40 you wish to place on his or her attorney-in-fact’s authority, you should list
9-41 them in the space below. If you do not write any limitations, your attorney-
9-42 in-fact will have the broad powers to make health care decisions on your
9-43 behalf which are set forth in paragraph 3, except to the extent that there are
9-44 limits provided by law.)
10-1 In exercising the authority under this durable power of attorney for
10-2 health care, the authority of my attorney-in-fact is subject to the following
10-3 special provisions and limitations:
10-4 ............................................................................
10-5 ............................................................................
10-6 ............................................................................
10-7 ............................................................................
10-8 5. DURATION.
10-9 I understand that this power of attorney will exist indefinitely from the
10-10 date I execute this document unless I establish a shorter time. If I am
10-11 unable to make health care decisions for myself when this power of
10-12 attorney expires, the authority I have granted my attorney-in-fact will
10-13 continue to exist until the time when I become able to make health care
10-14 decisions for myself.
10-15 (IF APPLICABLE)
10-16 I wish to have this power of attorney end on the
10-17 following date:...................................
10-18 6. STATEMENT OF DESIRES.
10-19 (With respect to decisions to withhold or withdraw life-sustaining
10-20 treatment, your attorney-in-fact must make health care decisions that are
10-21 consistent with your known desires. You can, but are not required to,
10-22 indicate your desires below. If your desires are unknown, your attorney-in-
10-23 fact has the duty to act in your best interests; and, under some
10-24 circumstances, a judicial proceeding may be necessary so that a court can
10-25 determine the health care decision that is in your best interests. If you wish
10-26 to indicate your desires, you may INITIAL the statement or statements that
10-27 reflect your desires and/or write your own statements in the space below.)
10-28 (If the statement
10-29 reflects your desires,
10-30 initial the box next to
10-31 the statement.)
10-32 1. I desire that my life be prolonged to the
10-33 greatest extent possible, without regard to my
10-34 condition, the chances I have for recovery or long-
10-35 term survival, or the cost of the procedures. [ ]
10-36 2. If I am in a coma which my doctors have
10-37 reasonably concluded is irreversible, I desire that
10-38 life-sustaining or prolonging treatments not be used.
10-39 (Also should utilize provisions of NRS 449.535 to
10-40 449.690, inclusive, if this subparagraph is initialed.) [ ]
10-41 3. If I have an incurable or terminal condition or
10-42 illness and no reasonable hope of long-term recovery
10-43 or survival, I desire that life-sustaining or prolonging
10-44 treatments not be used. (Also should utilize
10-45 provisions of NRS 449.535 to 449.690, inclusive, if
10-46 this subparagraph is initialed.) [ ]
11-1 4. Withholding or withdrawal of artificial
11-2 nutrition and hydration may result in death by
11-3 starvation or dehydration. I want to receive or
11-4 continue receiving artificial nutrition and hydration
11-5 by way of the gastro-intestinal tract after all other
11-6 treatment is withheld. [ ]
11-7 5. I do not desire treatment to be provided
11-8 and/or continued if the burdens of the treatment
11-9 outweigh the expected benefits. My attorney-in-fact
11-10 is to consider the relief of suffering, the preservation
11-11 or restoration of functioning, and the quality as well
11-12 as the extent of the possible extension of my life. [ ]
11-13 (If you wish to change your answer, you may do so by drawing an “X”
11-14 through the answer you do not want, and circling the answer you prefer.)
11-15 Other or Additional Statements of Desires:...........
11-16 ...........................................................................
11-17 ...........................................................................
11-18 ...........................................................................
11-19 ...........................................................................
11-20 ...........................................................................
11-21 7. DESIGNATION OF ALTERNATE ATTORNEY-IN-FACT.
11-22 (You are not required to designate any alternative attorney-in-fact but
11-23 you may do so. Any alternative attorney-in-fact you designate will be able
11-24 to make the same health care decisions as the attorney-in-fact designated in
11-25 paragraph 1, page 2, in the event that he or she is unable or unwilling to act
11-26 as your attorney-in-fact. Also, if the attorney-in-fact designated in
11-27 paragraph 1 is your spouse[,] or reciprocal beneficiary, his or her
11-28 designation as your attorney-in-fact is automatically revoked by law if your
11-29 marriage is dissolved[.)] or your reciprocal beneficiary relationship is
11-30 terminated.)
11-31 If the person designated in paragraph 1 as my attorney-in-fact is unable
11-32 to make health care decisions for me, then I designate the following
11-33 persons to serve as my attorney-in-fact to make health care decisions for
11-34 me as authorized in this document, such persons to serve in the order listed
11-35 below:
11-36 A. First Alternative Attorney-in-fact
11-37 Name:..............................................
11-38 Address:..........................................
11-39 ..............................................
11-40 Telephone Number:..........................
11-41 B. Second Alternative Attorney-in-fact
11-42 Name:..............................................
11-43 Address:..........................................
11-44 ..............................................
11-45 Telephone Number:..........................
12-1 8. PRIOR DESIGNATIONS REVOKED. I revoke any prior durable
12-2 power of attorney for health care.
12-3 (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)
12-4 I sign my name to this Durable Power of Attorney for Health care on
12-5 ............................(date)................................ at (city),
12-6 ........................... (state)
12-7 ...........................
12-8 (Signature)
12-9 (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR
12-10 MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1)
12-11 SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE
12-12 PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN
12-13 YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2)
12-14 ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)
12-15 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
12-16 (You may use acknowledgment before a notary public instead of the
12-17 statement of witnesses.)
12-18 State of Nevada......... }
12-19 }ss.
12-20 County of.................. }
12-21 On this ................ day of ................, in the year ..., before me,
12-22 ................................ (here insert name of notary public) personally
12-23 appeared ................................ (here insert name of principal) personally
12-24 known to me (or proved to me on the basis of satisfactory evidence) to be
12-25 the person whose name is subscribed to this instrument, and acknowledged
12-26 that he or she executed it. I declare under penalty of perjury that the person
12-27 whose name is ascribed to this instrument appears to be of sound mind and
12-28 under no duress, fraud, or undue influence.
12-29 NOTARY SEAL .............................
12-30 (Signature of Notary Public)
12-31 STATEMENT OF WITNESSES
12-32 (You should carefully read and follow this witnessing procedure. This
12-33 document will not be valid unless you comply with the witnessing
12-34 procedure. If you elect to use witnesses instead of having this document
12-35 notarized you must use two qualified adult witnesses. None of the
12-36 following may be used as a witness: (1) a person you designate as the
12-37 attorney-in-fact, (2) a provider of health care, (3) an employee of a
12-38 provider of health care, (4) the operator of a health care facility, (5) an
12-39 employee of an operator of a health care facility. At least one of the
13-1 witnesses must make the additional declaration set out following the place
13-2 where the witnesses sign.)
13-3 I declare under penalty of perjury that the principal is personally known
13-4 to me, that the principal signed or acknowledged this durable power of
13-5 attorney in my presence, that the principal appears to be of sound mind and
13-6 under no duress, fraud, or undue influence, that I am not the person
13-7 appointed as attorney-in-fact by this document, and that I am not a provider
13-8 of health care, an employee of a provider of health care, the operator of a
13-9 community care facility, nor an employee of an operator of a health care
13-10 facility.
13-11 Signature:....................... Residence Address:......
13-12 Print Name:.................... ....................................
13-13 Date:.............................. ....................................
13-14 Signature:....................... Residence Address:......
13-15 Print Name:.................... ....................................
13-16 Date:.............................. ....................................
13-17 (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN
13-18 THE FOLLOWING DECLARATION.)
13-19 I declare under penalty of perjury that I am not related to the principal
13-20 by blood, marriage, or adoption, and to the best of my knowledge I am not
13-21 entitled to any part of the estate of the principal upon the death of the
13-22 principal under a will now existing or by operation of law.
13-23 Signature:............................
13-24 Signature:............................
13-25 ...........................................................................
13-26 Names:........................... Address:.......................
13-27 Print Name:.................... ....................................
13-28 Date:.............................. ....................................
13-29 COPIES: You should retain an executed copy of this document and give
13-30 one to your attorney-in-fact. The power of attorney should be available so a
13-31 copy may be given to your providers of health care.
13-32 Sec. 30. NRS 449.860 is hereby amended to read as follows:
13-33 449.860 1. The principal may designate an alternate attorney in fact.
13-34 2. If a principal designates his spouse as the attorney in fact or as an
13-35 alternate, that designation is automatically revoked if the principal and his
13-36 spouse are divorced.
13-37 3. If a principal designates his reciprocal beneficiary as the attorney
13-38 in fact or as an alternate, that designation is automatically revoked if the
13-39 reciprocal beneficiary relationship between the principal and his
13-40 reciprocal beneficiary is terminated.
14-1 4. An execution of a power of attorney automatically revokes any
14-2 previous power of attorney.
14-3 [4.] 5. A power of attorney remains valid indefinitely unless:
14-4 (a) The principal designates a shorter period for which it is to remain
14-5 valid; or
14-6 (b) It is revoked.
14-7 [5.] 6. If a power of attorney expires while the principal is unable to
14-8 make decisions concerning health care, the power of attorney remains valid
14-9 until the principal is again able to make such decisions.
14-10 Sec. 31. NRS 451.023 is hereby amended to read as follows:
14-11 451.023 The husband or wife of a minor child or the parent of an
14-12 unmarried or otherwise unemancipated minor child [shall be] is primarily
14-13 responsible for the decent burial or cremation of his or her spouse or such
14-14 child within a reasonable time after death. A person whose reciprocal
14-15 beneficiary dies is, within a reasonable time after death, primarily
14-16 responsible for the decent burial or cremation of the reciprocal
14-17 beneficiary and related arrangements.
14-18 Sec. 32. NRS 451.025 is hereby amended to read as follows:
14-19 451.025 If the governing body of any county, city or town within the
14-20 State of Nevada must arrange for and order the decent burial of any person
14-21 dying within such county, city or town, leaving a husband [or wife or] ,
14-22 wife, parent or reciprocal beneficiary in whose custody such person
14-23 remained at the time he or she died, which husband [or wife or] , wife,
14-24 parent or reciprocal beneficiary is not indigent and not otherwise eligible
14-25 for assistance as a poor person and expenses for a decent burial have been
14-26 paid out of public funds pursuant to such an order, the county, city or town
14-27 must be reimbursed for its expenses of burial of the dead body of such
14-28 person by the husband, wife , [or] parent or reciprocal beneficiary charged
14-29 by law with the duty of burial.
14-30 Sec. 33. NRS 451.557 is hereby amended to read as follows:
14-31 451.557 1. Any member of the following classes of persons, in the
14-32 order of the priority listed, may make an anatomical gift of all or a part of
14-33 the decedent’s body for an authorized purpose, unless the decedent, at the
14-34 time of death, has made an unrevoked refusal to make that anatomical gift:
14-35 (a) The spouse or reciprocal beneficiary of the decedent;
14-36 (b) An adult son or daughter of the decedent;
14-37 (c) Either parent of the decedent;
14-38 (d) An adult brother or sister of the decedent;
14-39 (e) A grandparent of the decedent; and
14-40 (f) A guardian of the person of the decedent at the time of
death.
14-41 The legal procedure for authorization must be defined and established by
14-42 the committee on anatomical dissection established by the University and
14-43 Community College System of Nevada.
14-44 2. An anatomical gift may not be made by a person listed in subsection
14-45 1 if:
14-46 (a) A person in a prior class is available at the time of death to make an
14-47 anatomical gift;
15-1 (b) The person proposing to make an anatomical gift knows of a refusal
15-2 or contrary indications by the decedent; or
15-3 (c) The person proposing to make an anatomical gift knows of an
15-4 objection to making an anatomical gift by a member of the person’s class
15-5 or a prior class.
15-6 3. An anatomical gift by a person authorized under subsection 1 must
15-7 be made by:
15-8 (a) A document of gift signed by him; or
15-9 (b) His telegraphic, recorded telephonic or other recorded message, or
15-10 other form of communication from him that is contemporaneously reduced
15-11 to writing and signed by the recipient.
15-12 4. An anatomical gift by a person authorized under subsection 1 may
15-13 be revoked by any member of the same or a prior class if, before
15-14 procedures have begun for the removal of a part from the body of the
15-15 decedent, the physician, technician or enucleator removing the part knows
15-16 of the revocation.
15-17 5. A failure to make an anatomical gift under subsection 1 is not an
15-18 objection to the making of an anatomical gift.
15-19 Sec. 34. NRS 451.650 is hereby amended to read as follows:
15-20 451.650 1. The following persons, in the following order of priority,
15-21 may order the cremation of human remains of a deceased person:
15-22 (a) The surviving spouse[;] or reciprocal beneficiary;
15-23 (b) A majority of the adult children;
15-24 (c) The living parents jointly; or
15-25 (d) The decedent’s guardian or personal representative.
15-26 2. If the deceased person was an indigent or other person for the final
15-27 disposition of whose remains a county or the state is responsible, the
15-28 appropriate public officer may order cremation of the remains and provide
15-29 for the respectful disposition of the cremated remains.
15-30 3. If the deceased person donated his body for scientific research or,
15-31 before his death, a medical facility was made responsible for his final
15-32 disposition, a representative of the scientific institution or medical facility
15-33 may order cremation of his remains.
15-34 4. A living person may order the cremation of human remains removed
15-35 from his body or the cremation of his body after his death. In the latter
15-36 case, any person acting pursuant to his instructions is an authorized agent.
15-37 Sec. 35. Chapter 613 of NRS is hereby amended by adding thereto a
15-38 new section to read as follows:
15-39 If an employer grants leave with pay, leave without pay, or leave
15-40 without loss of seniority to his employees to care for a spouse, child or
15-41 parent of the employee when the spouse, child or parent has a serious
15-42 health condition, it is an unlawful employment practice for the employer
15-43 to fail or refuse to extend the same benefits to an employee whose
15-44 reciprocal beneficiary has a serious health condition.
15-45 Sec. 36. NRS 613.310 is hereby amended to read as follows:
15-46 613.310 As used in NRS 613.310 to 613.435, inclusive, and section 35
15-47 of this act, unless the context otherwise requires:
16-1 1. “Disability” means, with respect to a person:
16-2 (a) A physical or mental impairment that substantially limits one or
16-3 more of the major life activities of the person;
16-4 (b) A record of such an impairment; or
16-5 (c) Being regarded as having such an impairment.
16-6 2. “Employer” means any person who has 15 or more employees for
16-7 each working day in each of 20 or more calendar weeks in the current or
16-8 preceding calendar year, but does not include:
16-9 (a) The United States or any corporation wholly owned by the United
16-10 States.
16-11 (b) Any Indian tribe.
16-12 (c) Any private membership club exempt from taxation pursuant to 26
16-13 U.S.C. § 501(c).
16-14 3. “Employment agency” means any person regularly undertaking with
16-15 or without compensation to procure employees for an employer or to
16-16 procure for employees opportunities to work for an employer, but does not
16-17 include any agency of the United States.
16-18 4. “Labor organization” means any organization of any kind, or any
16-19 agency or employee representation committee or plan, in which employees
16-20 participate and which exists for the purpose, in whole or in part, of dealing
16-21 with employers concerning grievances, labor disputes, wages, rates of pay,
16-22 hours of employment or other conditions of employment.
16-23 5. “Person” includes the State of Nevada and any of its political
16-24 subdivisions.
16-25 6. “Sexual orientation” means having or being perceived as having an
16-26 orientation for heterosexuality, homosexuality or bisexuality.
16-27 H