Nevada Advance Directive Form: How to Complete the NRS 162A.855 Document

Your family is standing in a hospital corridor. A doctor asks who makes medical decisions for you. Without a signed Nevada advance directive, nobody has clear legal authority — and your family may end up in Clark County guardianship court spending $5,000 to $15,000 to get it.

Nevada overhauled its advance directive law in 2023 when Assembly Bill 414 replaced the old Durable Power of Attorney for Health Care Decisions with a single, unified form under NRS 162A.855. This guide walks you through the current statutory form, section by section.

What the Nevada Advance Directive Actually Covers

The NRS 162A.855 form is a two-part document that combines what used to require separate filings:

Part 1 — Healthcare Agent Designation. You name a primary agent and up to two alternates who can make medical decisions when you cannot. Nevada restricts who can serve: your treating healthcare provider, their employees, and facility operators are barred unless they are also your spouse, legal guardian, or next of kin.

Part 2 — Treatment Instructions. You specify your wishes across three categories: life-sustaining treatment (always provide, never provide if terminal, or withhold if permanently unconscious), artificial nutrition and hydration (separate decision from life support), and comfort care (which Nevada law guarantees even if you refuse all other treatment).

This unified structure replaces the confusing split between a "Declaration" (living will) and a "DPAHC" (healthcare power of attorney) that tripped up Nevada residents for decades.

How to Execute the Form Correctly

Nevada gives you two execution paths — pick one:

Option A: Notary Public. Sign before a licensed Nevada notary. As of January 1, 2026, the notary has explicit statutory authority to refuse if they are not satisfied you understand the document's consequences. Relatives cannot answer questions on your behalf during the notary's evaluation.

Option B: Two Adult Witnesses. Both witnesses must be competent adults who watch you sign. Under the 2023 amendments, witnesses no longer need to personally know you. However, owners, operators, and direct employees of a nursing facility where you currently reside are disqualified.

Care facility residents: If you live in a hospital, skilled nursing facility, residential group home, or individual residential care home, your directive is legally invalid unless a physician, APRN, psychologist, or clinical social worker certifies your competency and attaches the certification directly to the document.

Three Mistakes That Invalidate the Form

Using old forms. Pre-2023 templates reference repealed NRS sections. If your form cites "NRS 449.800" instead of "NRS 162A.855," it is outdated and may create confusion at the bedside.

Skipping the burial/cremation power. If you want your agent to direct your final disposition (burial, cremation, anatomical gift), that section requires either notarization or two qualified witnesses — even if you chose the other execution path for the rest of the document.

Not registering with the Lockbox. A signed directive sitting in a safety deposit box is useless during a weekend emergency. Nevada's Secretary of State maintains the free Lockbox electronic registry, giving hospitals 24/7 access to your documents. Registration takes 7 to 14 business days and produces a wallet card with your unique access credentials.

Do You Actually Need One?

Nevada's default surrogate law creates a strict hierarchy if you become incapacitated without a directive: spouse first, then a majority of available adult children, then parents, then siblings. If your adult children disagree, decisions are paralyzed until a court intervenes. The Nevada Supreme Court has ruled that surrogate consent to withdraw life support must be in writing and attested by two witnesses — verbal agreements carry no weight.

An advance directive bypasses this entirely by designating a single decision-maker you trust.

The Nevada Advance Directive & Living Will Kit walks you through every section of the NRS 162A.855 form with plain-English explanations, witness eligibility checks, and Lockbox registration instructions so nothing gets missed.

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