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Let your loved ones know exactly what you want - before a crisis hits. Creating, updating or improving your estate plan is essential to ensuring that your wishes are met.
Cremation Directive
Under Nevada Statute, a person may order his or her own cremation and the disposition of his or her own cremated remains.
Guardian Nomination
If you were to become incapacitated, you most likely have a preference as to whom you would like to take care of you.
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Cremation Directive
It is important to follow the requirements set forth by the State so that your directive isn't disputed. Failure to meet the requirements could result in a dispute or result in your family having to petition the Family Court for an Order authorizing the cremation. NRS 451.024
The law in Nevada gives you the right to designate an agent for burial or cremation. The order must be signed by the person and by two witnesses' neither of which can be the designated agent.
Accordingly, if it is your desire to be cremated and you do not have documentation in place with a Funeral Home/crematory, it is advisable to execute a Cremation Directive.
Guardian Nomination
If you were to become incapacitated, you most likely have a preference as to whom you would like to take care of you. Accordingly, you should have a document naming your preferred guardian, which can be a separate document. It may be that you just need to have appropriate language in your Last Will and Testament, or Power of Attorney naming your preferred guardian.
Holding your assets in a Revocable Living Trust, and/or having appropriate Powers of Attorney for healthcare and financial decisions should eliminate the need for a guardian.
In any case, if one does become necessary, the Court looks to who you named as your preferred guardian in your estate plan.
