Nevada General Power of Attorney

Category:

Power of Attorney - General

State:

Multi-State

Control #:

US-04099BG

Format:

Instant download

Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.

An agency can be created for the purpose of doing almost any act the principal could do. However, there are some acts that must be done in person and cannot be done by an agent. Examples would be: testifying in court for another individual, making a will, and voting.

A general agent is authorized by the principal to transact all the affairs of a particular kind of business. For example, a person appointed as manager of a store is a general agent.

A special agent is authorized by the principal to handle a particular business transaction or perform a specific act. For example, a specific power of attorney appointing an agent (attorney-in-fact) to sell a particular piece of real estate or a certain car would be the appointment of a special agent.

A universal agent is authorized by the principal to do any act that can be delegated to a representative. An example would be giving a person a general power of attorney. This form is such a general power of attorney.

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FAQ

What Are the Legal Requirements of a Financial POA in Nevada?Mental Capacity for Creating a POA.Notarization Requirement.Create the POA Using a Statutory Form, Software, or Attorney.Sign the POA in the Presence of a Notary Public.Store the Original POA in a Safe Place.Give a Copy to Your Agent or Attorney-in-Fact.More items...

Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

The power of attorney must be in writing and contain your signature to be effective. It may also but need not be notarized. The document may alternatively be witnessed by two adult witnesses who personally know you.

REAL ESTATE POWERS: RECORDING AND NON-NEVADA TRANSACTIONS If the agent will use this power of attorney for real estate transactions, the power of attorney must be recorded in the county or counties where the real estate subject to the transactions is located (NRS 162A.

While Nevada does not technically require you to get your POA notarized, notarization is strongly recommended. Under Nevada law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.

DESIGNATION OF ALTERNATE AGENT (You are not required to designate any alternative agent, but may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent.

Nevada law specifies that the person granting the power must write and sign their power of attorney document. To make the document legal, you must either get a notary public's signature or have two adults who personally know you watch you signing and sign themselves as witnesses.

Do I need to register the Enduring Power of Attorney document? In the ACT an Enduring Power of Attorney does not need to be registered unless it is being used on your behalf in respect of the transfer of, or other dealing with, land.

Because Nevada law requires all power of attorney forms that allow the sale of real estate to be recorded (or if you recorded it for any other reason), you should also record the notice of revocation with your county recorder.

You can limit the power you give your attorney so that they can only deal with certain assets, for example, your bank account but not your home. An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions.