is implied or excused by law, a consent to any medical, surgical or dental procedure will be implied if: 1. In competent medical judgment, the proposed medical, surgical or dental procedure is reasonably necessary and any delay in performing such a procedure could reasonably be expected to result in death, disfigurement, impairment of faculties or serious bodily harm; and 2. A person authorized to consent is not readily available. (Added to NRS by 1975, 408; A 1997, 1220; 1999, 5) CHAPTER 41B - ACTION AGAINST KILLER OF DECEDENT FOR FORFEITURE OF CERTAIN PROPERTY, BENEFITS AND RIGHTS GENERAL PROVISIONS NRS 41B.010 Definitions. NRS 41B.020 “Acquitted” defined. NRS 41B.030 “Agent” defined. NRS 41B.040 “Beneficiary” defined. NRS 41B.050 “Community property” defined. NRS 41B.060 “Community property with right of survivorship” defined. NRS 41B.070 “Convicted” and “conviction” defined. NRS 41B.080 “Culpable actor in the felonious and intentional killing of a decedent” defined. NRS 41B.090 “Governing instrument” defined. NRS 41B.100 “Interest” defined. NRS 41B.110 “Interested person” defined. NRS 41B.120 “Joint tenants with right of survivorship” defined. NRS 41B.130 “Killer” defined. NRS 41B.140 “Payor” defined. NRS 41B.150 “Person” defined. NRS 41B.160 “Property” defined. APPLICABILITY OF CHAPTER NRS 41B.200 General rule; killer cannot profit or benefit from wrong; anti-lapse statute and right of representation; contingent, residuary and other beneficiaries; common law. NRS 41B.210 Acts constituting felonious and intentional killing; insanity or diminished capacity. PROCEEDINGS NRS 41B.250 Criminal action: Conclusive effect of judgment of conviction; admissibility of judgment of conviction in civil action. NRS 41B.260 Civil action: Parties; burden of proof; evidence; stay of proceedings; limitation on time for commencement. SCOPE OF FORFEITURE NRS 41B.300 Estate of decedent. NRS 41B.310 Governing instruments. NRS 41B.320 Community property with right of survivorship and joint tenants with right of survivorship. NRS 41B.330 Action for wrongful death. LIABILITY NRS 41B.400 Payor or other third person who pays or transfers forfeited property, interest or benefit. NRS 41B.410 Person who acquires or receives forfeited property, interest or benefit without legal right or authorization. NRS 41B.420 Killer who transfers forfeited property, interest or benefit to third person; effect of preemption by federal law. _________ GENERAL PROVISIONS NRS 41B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41B.020 to 41B.160, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 1348) NRS 41B.020 “Acquitted” defined. “Acquitted” includes, without limitation, a finding of not guilty by reason of insanity or diminished capacity. (Added to NRS by 1999, 1348) NRS 41B.030 “Agent” defined. “Agent” means a person who is authorized to represent or act for another person. The term includes, without limitation, an attorney-in-fact under a durable or nondurable power of attorney or a person who is authorized pursuant to the provisions of a governing instrument to make decisions concerning the provision of health care to another person. (Added to NRS by 1999, 1348) NRS 41B.040 “Beneficiary” defined. “Beneficiary” means a person who is entitled to accrue, acquire or receive any property, interest or benefit pursuant to the provisions of a governing instrument or the laws of intestate succession. (Added to NRS by 1999, 1348) NRS 41B.050 “Community property” defined. “Community property” has the meaning ascribed to it in NRS 123.220. (Added to NRS by 1999, 1348) NRS 41B.060 “Community property with right of survivorship” defined. “Community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law. (Added to NRS by 1999, 1349) NRS 41B.070 “Convicted” and “conviction” defined. “Convicted” and “conviction” mean a judgment based upon: 1. A plea of guilty or nolo contendere; 2. A finding of guilt by a jury or a court sitting without a jury; 3. An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or 4. Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles. (Added to NRS by 1999, 1349; A 2003, 1479) NRS 41B.080 “Culpable actor in the felonious and intentional killing of a decedent” defined. “Culpable actor in the felonious and intentional killing of a decedent” means a person who: 1. Causes or perpetrates the felonious and intentional killing of the decedent; 2. Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate the felonious and intentional killing of the decedent; or 3. Is a principal in any degree, accessory before the fact, accomplice or conspirator to the felonious and intentional killing of the decedent. (Added to NRS by 1999, 1349) NRS 41B.090 “Governing instrument” defined. “Governing instrument” means any of the following: 1. A deed or any other instrument that transfers any property, interest or benefit. 2. An annuity or a policy of insurance. 3. A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following: (a) An express trust, whether private or charitable, and any additions to such a trust. (b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. 4. A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that: (a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or (b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession. 5. Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person. 6. A security registered as transferable on the death of a person or a security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive. 7. Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney. 8. Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee. 9. Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following: (a) Pension benefits, retirement benefits or other similar benefits. (b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets. (c) Industrial insurance, workers’ compensation or other similar benefits. (d) Group insurance. 10. A partnership agreement or

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