[Rev. 12/21/2019 9:43:32 AM--2019]

STATEWIDE RULES FOR GUARDIANSHIP

APPROVED BY THE SUPREME COURT OF NEVADA

 

____________

 

Effective October 10, 2018

and Including

Amendments Through October 19, 2019

 

IN THE SUPREME COURT OF THE STATE OF NEVADA

In the Matter of the Creation of a Commission to Study the Creation and Administration of Guardianships.

ADKT 507

ORDER APPROVING STATEWIDE RULES FOR GUARDIANSHIP

________

††††† Whereas, on August 2, 2017, this court ordered the creation of a permanent Guardianship Commission to study and make recommendations in specific areas enumerated in the courtís order and directed the Commission to provide a report of its recommendations to the court; and

††††† Whereas, on May 30, 2018, the Honorable James Hardesty, Justice, filed the First Interim Report of the Guardianship Commission in which the Commission recommended the adoption of statewide rules for Guardianship; and

††††† Whereas, this court solicited public comment on the First Interim Report and held a public hearing in this matter on July 18, 2018; and

††††† Whereas, it appears that approval of the proposed statewide rules for Guardianship is warranted; accordingly,

††††† It Is Hereby Ordered that the statewide rules for Guardianship shall be approved and shall read as set forth in Exhibit A.

††††† It Is Further Ordered that the statewide rules for Guardianship shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rules for Guardianship.

††††† Dated this 10th day of September, 2018.

 

BY THE COURT

 

Michael L. Douglas, Chief Justice

 

Michael A. Cherry†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Gibbons

††††† Associate Justice††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Associate Justice

 

Kristina Pickering†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† James W. Hardesty

††††† Associate Justice††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Associate Justice

 

Ron D. Parraguirre†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Lidia S. Stiglich

††††† Associate Justice††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Associate Justice

 

STATEWIDE RULES FOR GUARDIANSHIP

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††††† Rule 1.  Scope of rules.

††††† A.  Scope of rules in general.  These rules govern the procedure in the district courts in all guardianship actions.

††††† B.  Proper person litigants.  When a proposed guardian or guardian is not represented by an attorney, the proposed guardian or guardian must comply with these rules.

††††† [Added; effective October 10, 2018.]

††††† Rule 2.  Commencement of action.  A guardianship action is commenced by filing a petition for appointment as temporary, general, or special guardian of the person, estate, or person and estate.

††††† [Added; effective October 10, 2018.]

††††† Rule 3.  Rule regarding service of citations.  Where a statute specifies the person or entity that shall prepare, issue, and/or serve a citation/notice, that statute shall control. In all other cases, the petitioner of the particular petition at issue shall prepare the citation/notice. If a citation is required, the petitioner shall have it issued by the clerk of the court. The petitioner shall then serve a copy of the citation/notice, and where applicable the petition or other required documents, and shall file proof of such service with the court. If a particular statute requires the manner in which service shall be made, service shall be made in compliance with that statute. Otherwise, service shall be made as required by NRCP 4.

††††† [Added; effective October 10, 2018.]

††††† Rule 4.  Guardians appointed without citation.  Where the court appoints a guardian for the proposed protected minor without issuing a citation on the basis the petitioner and proposed guardian is a parent who has sole legal and physical custody of the proposed protected minor:

††††† A.  The court shall conduct a hearing on the appointment of such a guardian;

††††† B.  Upon indicia that the minor does not consent to the guardianship, the matter shall be set for a full hearing with citation notice; and

††††† C.  The provisions of this section only apply where the petitioner is a parent with sole legal and sole physical custody of the proposed protected minor and is petitioning as the sole proposed guardian.

††††† [Added; effective October 10, 2018.]

††††† Rule 5.  Ex parte communication.

††††† A.  In order to carry out the courtís oversight and enforcement of compliance in guardianship proceedings, communications which might otherwise be considered ex parte communications under the Nevada Code of Judicial Conduct, Rule 2.9, may be received and reviewed by the court under the provisions of this rule if such communications raise a significant concern about a guardianís compliance with his or her statutory duties and responsibilities, or the protected personís welfare.

††††† B.  In response to such communication, the court may:

†††††††††††† 1.  Review the court file and take any action that is supported by the record, including but not limited to ordering a report on the protected personís condition, an inventory, an accounting, or any other filing which is outstanding;

†††††††††††† 2.  Appoint a guardian ad litem;

†††††††††††† 3.  Appoint an attorney ad litem;

†††††††††††† 4.  Appoint an investigator pursuant to NRS 159.146;

†††††††††††† 5.  Appoint a financial forensic specialist;

†††††††††††† 6.  Refer the matter to the appropriate law enforcement agency;

†††††††††††† 7.  Refer the matter to the appropriate licensing agency;

†††††††††††† 8.  Refer the matter to appropriate agencies, including but not limited to Child Protective Services or Elder Protective Services;

†††††††††††† 9.  Set a hearing regarding the communication, requiring the partiesí attendance, and/or require a response from the guardian concerning the issues raised by the communication; or

†††††††††††† 10.  Decline to take further action on the communication, with or without replying to the person initiating the communication or returning any written communication received from such person.

††††† C.  If the communication does not raise significant concerns regarding the guardianís compliance or the protected personís welfare and would otherwise be prohibited ex parte communication under the Nevada Code of Judicial Conduct, Rule 2.9, the court shall:

†††††††††††† 1.  Return the written communication to the sender, if known; and

†††††††††††† 2.  Disclose notice of the communication to the guardian, guardian ad litem, the protected person, the protected personís attorney, and all parties of record and their attorneys.

††††† D.  The court shall disclose any ex parte communication reviewed under subsection A of this rule, and any action taken by the court under subsection B, to the guardian, guardian ad litem, the protected person, the protected personís attorney, and all parties of record and their attorneys.

††††† [Added; effective October 10, 2018.]

††††† Rule 6.  Initial guardianship plan.

††††† A.  Initial guardianship plan in general.  The proposed guardian may file an initial guardianship plan not later than 60 days after the date of appointment as general or special guardian of the person, estate, or person and estate or, if necessary, upon such further time as the court may allow.

††††† B.  Guardian of the person.  The initial guardianship plan shall set forth objectives for meeting the goals, needs, and preferences of the person, and may:

†††††††††††† 1.  Emphasize a person-centered philosophy;

†††††††††††† 2.  Address the residential setting or facility best suited for the needs of the person and, if applicable, the place or proposed place of residence;

†††††††††††† 3.  Address medical, psychiatric, social, vocational, educational, training, and recreational goals, needs, and preferences of the person; and

†††††††††††† 4.  Address, to the extent known or discoverable, whether the personís finances and budget are sufficient or flexible to meet the personís known and reasonably anticipated needs.

††††† C.  Guardian of the estate.  The initial guardianship plan shall set forth a financial plan and budget for the management of income and assets that corresponds with the care plan for the person and addresses the goals, needs, and preferences of the person, and may:

†††††††††††† 1.  Emphasize a person-centered philosophy;

††††† ††††† 2.  Maintain the goal of prudently managing, but not necessarily eliminating, risks;

†††††††††††† 3.  Address available assets and income;

†††††††††††† 4.  Address known and reasonably anticipated expenses; and

†††††††††††† 5.  Address public and insurance benefits for which the person is eligible.

††††† D.  Attestation.  The initial guardianship plan shall contain an attestation that the proposed guardian or guardian has consulted with the person to the extent possible and has considered the personís wishes consistent with the rights retained by the person under guardianship and the provisions of the initial guardianship plan.

††††† [Added; effective October 10, 2018.]