DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS

(State of Nevada)

[// GUIDANCE: 1. Replace every bracketed [PLACEHOLDER] with client-specific information.
2. Review all optional or alternate language flagged by [OPTIONAL]/[ALTERNATE].
3. Confirm this instrument complies with the most current version of NRS 162A before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Grant of Authority)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Revocation, Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Signatures & Notarization)

I. DOCUMENT HEADER

1. Title; Parties; Date
   1.1 This Durable Power of Attorney for Financial Matters (this “Agreement”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
   (a) [PRINCIPAL LEGAL NAME], [street address], [city], Nevada [zip] (“Principal”); and
   (b) [AGENT LEGAL NAME], [street address], [city], [state] [zip] (“Agent”).

2. Recitals
   2.1 Principal desires to grant Agent authority to act on Principal’s behalf with respect to the financial matters described herein.
   2.2 This instrument is intended to be a durable power of attorney under NRS 162A.200 et seq. and shall remain effective notwithstanding Principal’s subsequent incapacity.

3. Governing Jurisdiction
   3.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada relating to powers of attorney (the “Governing Law”).

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. All section cross-references are to this Agreement unless otherwise indicated.

“Accounting Period” – The twelve-month period ending each December 31 or such shorter period ending upon termination of the Agency.

“Assets Under Management” – All property over which Agent is granted authority pursuant to Section 3.2, valued as of the date of any claim.

“Durable” – Having the meaning assigned in NRS 162A.220(2); i.e., not terminated by Principal’s incapacity.

“Event of Default” – Any event described in Section 6.2.

“Fiduciary Duty” – The duties imposed upon an agent under NRS 162A.700 through NRS 162A.750, as supplemented by this Agreement.

“Restricted Transaction” – Any act described in Section 3.4 requiring separate written consent of Principal.

“Third Party” – Any person dealing with Agent under color of this power of attorney.

III. OPERATIVE PROVISIONS (GRANT OF AUTHORITY)

3.1 Appointment
Principal hereby appoints Agent as Principal’s true and lawful attorney-in-fact to exercise the powers set forth below. This appointment is [IMMEDIATE | SPRINGING UPON INCAPACITY].
[// GUIDANCE: For a springing POA, insert triggering language and attach physician’s certification form.]

3.2 General Powers
Subject to the limitations of Section 3.4, Agent is authorized to perform every act Principal could perform with respect to the following matters:
(a) Real and personal property;
(b) Banking and financial institution transactions;
(c) Securities and commodities;
(d) Insurance and annuity transactions;
(e) Estate, trust, and beneficiary transactions;
(f) Personal and family maintenance;
(g) Tax matters;
(h) Claims and litigation;
(i) Governmental benefits;
(j) Digital assets and electronic communications; and
(k) All other matters permitted under NRS 162A.

3.3 Incorporation of Statutory Short-Form Powers
To the extent not expressly limited herein, the meaning and scope of each power granted in Section 3.2 shall be the same as that set forth in NRS 162A.450 through NRS 162A.620.

3.4 Restricted Transactions – Separate Written Consent Required
Agent shall not, without separate written authorization dated after the Effective Date, do any of the following:
(i) Make or change beneficiary designations;
(ii) Create, amends, revoke, or terminate a trust;
(iii) Make gifts exceeding [$____] per donee per calendar year;
(iv) Exercise fiduciary powers delegated to Principal as trustee or personal representative;
(v) Create joint tenancies or survivorship interests in Principal’s property.

3.5 Delegation
Agent may delegate authority to one or more co-agents or sub-agents only in writing and with prior written consent of Principal or, if incapacitated, of [SUCCESSOR FIDUCIARY].

3.6 Successor Agents
Principal appoints [SUCCESSOR AGENT NAME] as first successor Agent and [SECOND SUCCESSOR AGENT NAME] as second successor Agent, each to serve in order of priority upon the resignation, removal, incapacity, or death of the preceding Agent.

3.7 Durable Nature
Pursuant to NRS 162A.220(2), the authority granted herein shall not be affected by Principal’s subsequent incapacity, except as otherwise provided in Section 6.1.

IV. REPRESENTATIONS & WARRANTIES

4.1 By Principal
(a) Capacity – Principal affirms being of sound mind and at least eighteen (18) years of age.
(b) Ownership – Principal owns or controls the property subject to this power or has authority to grant such power.

4.2 By Agent
Agent accepts appointment and represents:
(a) Qualification – Agent is at least eighteen (18) years of age and not disqualified from serving under Nevada law.
(b) Fiduciary Duty – Agent understands and will comply with the Fiduciary Duty and all record-keeping obligations under NRS 162A.700 et seq.
(c) No Conflict – To Agent’s knowledge, no conflict of interest presently exists that would impair Agent’s performance hereunder.

4.3 Survival
All representations and warranties survive the revocation or termination of this Agreement with respect to acts or omissions occurring prior thereto.

V. COVENANTS & RESTRICTIONS

5.1 Record-Keeping
Agent shall maintain complete and accurate records of all receipts, disbursements, and transactions conducted on behalf of Principal, segregated from Agent’s own property, and shall deliver an accounting to Principal or Principal’s legal representative upon request, but not less than annually within thirty (30) days after each Accounting Period.

5.2 Standard of Care
Agent shall act:
(a) In good faith;
(b) With care, competence, and diligence ordinarily exercised by agents in similar circumstances; and
(c) Only within the scope of authority granted herein.

5.3 Notice Obligations
Agent shall promptly notify Principal (or, during incapacity, Principal’s guardian or an adult family member) of:
(i) Any Event of Default under Section 6.2;
(ii) Any actual or threatened litigation involving Principal’s property;
(iii) Any significant change in the tax status of Principal resulting from Agent’s acts.

5.4 Compliance with Law
Agent shall comply with all applicable federal and state laws, including but not limited to anti-money-laundering statutes, tax withholding requirements, and data privacy laws.

VI. REVOCATION, DEFAULT & REMEDIES

6.1 Revocation & Termination
(a) Voluntary Revocation – Principal may revoke this Agreement in whole or in part by:
(1) A written instrument, signed and dated by Principal, identifying this power of attorney; and
(2) Delivery of such instrument to Agent and to all reasonably identifiable Third Parties that have relied upon this power.
[// GUIDANCE: Under NRS 162A.270, recording may be advisable if real property is affected.]
(b) Automatic Termination – This power of attorney terminates upon the earliest of:
(i) Principal’s death;
(ii) Agent’s death, resignation, or incapacity without an available successor;
(iii) Entry of a court order revoking this power or appointing a guardian of the estate.
(c) Effect of Revocation – Revocation does not terminate Agent’s authority regarding acts taken in good faith before Agent has actual knowledge of the revocation.

6.2 Events of Default
Each of the following constitutes an Event of Default:
(i) Agent’s breach of Fiduciary Duty;
(ii) Failure to render an accounting within thirty (30) days after written request;
(iii) Conversion or commingling of Principal’s property;
(iv) Material violation of a Restricted Transaction limitation.

6.3 Remedies
Upon an Event of Default, Principal or any interested person (as defined in NRS 162A.370) may:
(a) Demand an accounting;
(b) Seek injunctive or other equitable relief in the [COUNTY] Probate Court;
(c) Recover damages, including attorney fees and costs, subject to Section 7.2;
(d) Petition for removal of Agent and appointment of a successor or conservator.

VII. RISK ALLOCATION

7.1 Indemnification by Agent
Agent shall indemnify, defend, and hold harmless Principal and Principal’s estate from and against all claims, liabilities, losses, and expenses (including reasonable attorney fees) arising out of Agent’s breach of Fiduciary Duty or willful misconduct.

7.2 Limitation of Liability
Except for acts of bad faith, intentional misconduct, or gross negligence, Agent’s cumulative liability to Principal shall not exceed the fair market value of the Assets Under Management as of the date the liability arises.

7.3 Reliance by Third Parties
No Third Party that in good faith accepts an acknowledged copy of this Agreement may be held liable to Principal for relying on Agent’s authority, absent actual knowledge of revocation or falsity.

7.4 Insurance
[OPTIONAL] Agent shall maintain an errors-and-omissions policy with minimum limits of [$____], naming Principal as an additional insured.

7.5 Force Majeure
Agent shall not be liable for failure to act when such failure results from events beyond Agent’s reasonable control, including acts of God, war, or government restriction, provided Agent uses reasonable efforts to resume performance.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement and any dispute arising hereunder shall be governed by the laws of the State of Nevada without regard to conflict-of-laws principles.

8.2 Forum Selection
Subject to Section 8.3, the exclusive forum for any proceeding relating to this Agreement shall be the probate court of [COUNTY], Nevada.

8.3 Limited Arbitration
(a) Scope – Only monetary disputes not exceeding [$____] shall be submitted to binding arbitration administered by [ARBITRATION ADMINISTRATOR] in accordance with its expedited rules.
(b) Exclusions – Issues of accounting, fiduciary removal, or injunctive relief are expressly excluded.
(c) Injunctive Relief – Notwithstanding this Section 8.3, any party may seek immediate equitable or fiduciary-protective relief from the probate court.

8.4 Jury Trial Waiver
To the fullest extent permitted by law and except where prohibited, the parties knowingly waive their right to a trial by jury in any action arising out of this Agreement.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver
This Agreement may be amended only by a writing signed by Principal and acknowledged before a notary. No waiver of any provision shall be deemed a waiver of any subsequent breach.

9.2 Assignment & Delegation
Agent may not assign rights or delegate duties except as expressly permitted by Section 3.5.

9.3 Successors & Assigns
This Agreement is binding upon and inures to the benefit of the heirs, personal representatives, successors, and assigns of the parties, except as otherwise provided herein.

9.4 Severability
If any provision is held unenforceable, the remaining provisions shall be enforced to the maximum extent permitted, and the invalid provision reformed to reflect the parties’ intent.

9.5 Integration
This instrument constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior powers of attorney granted by Principal regarding such matters.

9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically or by facsimile shall be deemed original signatures.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Principal has executed this Durable Power of Attorney for Financial Matters as of the Effective Date.

1. Principal

[PRINCIPAL LEGAL NAME], Principal
Date: ________

2. Agent’s Acceptance

I, [AGENT LEGAL NAME], have read the duties and liabilities set forth in this Agreement and in NRS 162A.700-750 and accept appointment as Agent.

[AGENT LEGAL NAME], Agent
Date: ________

3. Successor Agent(s) Acceptance

[// GUIDANCE: Include if successor(s) are named.]

[SUCCESSOR AGENT NAME], Successor Agent
Date: ________

4. Notary Acknowledgment

State of Nevada )
County of [COUNTY] )

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PRINCIPAL LEGAL NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Witness my hand and official seal.

Notary Public for Nevada
My commission expires: __

[// GUIDANCE: Nevada permits remote online notarization under NRS 240.1655. Adjust block accordingly.]

IMPORTANT INFORMATION FOR AGENT

When you accept the authority granted under this power of attorney, you assume legal responsibilities. You must:
1. Act loyally and in good faith for the benefit of the Principal;
2. Keep the Principal’s property separate from your own;
3. Keep records of all receipts, disbursements, and transactions;
4. Avoid conflicts of interest;
5. Act with care, competence, and diligence; and
6. Comply with any additional duties imposed by NRS 162A.700-750.

Failure to do so may subject you to civil or criminal liability.

[END OF DOCUMENT]