Nev. Rev. Stat. » NRS: CHAPTER 162A - POWER OF ATTORNEY FOR FINANCIAL MATTERS AND DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
Nevada Revised Statutes

Nev. Rev. Stat. § 162A.070 (2026)

“Incapacity” defined

✓ current as of July 2026
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NRS 162A.070  “Incapacity” defined.  “Incapacity” means the inability of an individual to manage property or business affairs because the individual:

      1.  Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

      2.  Is:

      (a) Missing;

      (b) Detained, including incarcerated in a penal system; or

      (c) Outside the United States and unable to return,

Ê as determined by a court of competent jurisdiction or, if an instrument executed pursuant to this chapter specifically provides a different method for determining the incapacity of an individual for the purposes of this chapter, as determined by the method set forth in that instrument.

      (Added to NRS by 2009, 175; A 2019, 2186)

     

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: Leach v. Ingram (D. Nev. 2024).
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Leach v. Ingram (D. Nev. 2024). · cites it 2× “Compare Nev. Rev. Stat. § 162A.070 (defining 21 incapacity under the statutory scheme applicable to powers of attorney) with Nev.”
Leach v. Ingram (D. Nev. 2024). “Pengilly cites NRS 162A.070 to define incompetence, which defines 19 “incapacity” for the purposes of determining various aspects of a power of attorney.”
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