NV Assembly Bill 128 | NNA
Law

NV Assembly Bill 128

Notary Law Update: NV Assembly Bill 128

State: Nevada

Summary:

Assembly Bill 128 creates a power of attorney for health care for persons with an intellectual disability, as defined.

Signed:  June 04, 2015

Effective:  June 04, 2015

Chapter: 337

Affects:

Amends Chapter 162A of the Nevada Revised Statutes.

Changes:
  1. Allows an individual with an intellectual disability, as defined, to execute a power of attorney for health care.
  2. Defines "intellectual disability" as significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
  3. Requires a power of attorney for health care signed by a person with an intellectual disability to be acknowledged before a Notary or signed by two adult witnesses.
  4. Requires a Notary who notarizes a power of attorney for an individual with an intellectual disability to declare under penalty of perjury in the certificate of acknowledgment that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.
  5. Sets forth examples of a form for a power of attorney for health care for adults with intellectual disabilities. 
Analysis:

Assembly Bill 128 creates a power of attorney for health care for persons with an intellectual disability, as defined. The power may be executed by being witnessed by two witnesses or by acknowledgment before a Notary or notarial officer. It is important to point out that although a person may have an intellectual disability, at the time the person acknowledges his or her signature to the Notary the person must appear to the Notary to be of sound mind and under no duress, fraud or undue influence. The Notary's certificate of acknowledgment requires the Notary to sign under penalty of perjury that this is so.

Read the bill text.

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