Guiding with Integrity: Power of Attorney, Ethical Standards & Nevada’s New Supportive Decision-Making Law
Nevada is one of only eight states, along with the District of Columbia, to adopt a Supported Decision-Making law. Under NRS 162C, this law confirms that individuals with disabilities are the best people to make decisions about their own lives. It also recognizes that needing help with daily activities should never prevent someone from being the ultimate decision-maker in their life.
Supported Decision-Making (SDM) allows individuals with disabilities to make and communicate their own choices with the support of trusted people, helping avoid unnecessary or overly restrictive guardianships. First enacted in 2019, this law was strengthened in 2025 through Senate Bill 346, which now requires petitioners to show that less restrictive options, such as Supported Decision-Making, have been considered before filing for guardianship.
This important update encourages families and professionals to pause, consider alternatives, and preserve as much independence as possible for the person in need of support.
At Nevada Guardian Services, our work is grounded in dignity, autonomy, and ethical decision-making. Acting under a Power of Attorney (POA) or serving as a supporter under Nevada’s Supported Decision-Making law carries profound responsibility. Understanding these responsibilities is essential to protecting the people we serve.
What Is a Power of Attorney (POA)?
A Power of Attorney is a legal document that allows someone (the principal) to designate another person (the agent) to act on their behalf in financial, medical, or personal matters.
In Nevada, a POA can grant broad or limited powers, and while the document is powerful, it must be handled with care and integrity. Before using a POA to buy or sell property, it is crucial to verify:
- The document’s validity (properly signed, notarized, and current)
- The scope of authority granted to the agent
- That the agent is acting solely in the best interest of the principal
When to Review or Update a POA
Just like a will, a POA should be reviewed regularly, especially after major life events such as marriage, divorce, relocation, or changes in health. Relationships evolve, and so should your chosen agents. Reassessing your POA ensures it still reflects your values and that the appointed agent remains the best fit.
Supported Decision-Making in Nevada
Senate Bill 346 (SB 346) ensures that, before a petition for guardianship may be filed, less restrictive alternatives such as Supported Decision-Making must be considered. This law affirms Nevada’s belief that individuals with disabilities are the best people to make decisions about their lives and that needing assistance in daily life should not prevent someone from being the ultimate decision-maker.
SDM empowers individuals with disabilities, cognitive challenges, or aging-related conditions to make their own decisions with the help of trusted supporters. Unlike guardianship, which transfers decision-making authority, SDM keeps the individual’s voice at the center of every choice.
Supporters assist by helping the person:
- Understand information and options
- Communicate decisions
- Access resources and professionals
- Follow through on personal goals
This law reflects Nevada’s ongoing commitment to autonomy, dignity, and inclusion. These are values that mirror our mission at Nevada Guardian Services.
Our Commitment
Whether we are serving as professional guardians, trustees, or consultants, our team operates with one guiding philosophy: substituted judgment first, making decisions as the person would have made them, not merely for them.
We are proud to uphold the National Guardianship Association (NGA) Standards of Practice, particularly Standard 7: The Guardian Standards for Decision-Making, which emphasizes advocating for a person’s values, beliefs, and preferences. This reminder of dignity and respect guides our work and our dedication to supporting individuals and families with compassion, clarity, and care.
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