[Rev. 6/2/2018 3:06:26 PM--2017]

CHAPTER 159 - GUARDIANSHIP OF ADULTS

GENERAL PROVISIONS

NRS 159.013           Definitions.

NRS 159.014           “Care provider” defined.

NRS 159.0145         “Citation” defined.

NRS 159.015           “Court” defined.

NRS 159.017           “Guardian” defined.

NRS 159.018           “Home state” defined.

NRS 159.019           “Incapacitated” defined.

NRS 159.0195         “Interested person” defined.

NRS 159.022           “Limited capacity” defined.

NRS 159.023           “Minor” defined.

NRS 159.0235         “Person of natural affection” defined.

NRS 159.024           “Private professional guardian” defined.

NRS 159.025           “Proposed protected person” defined.

NRS 159.0251         “Protected minor” defined.

NRS 159.0253         “Protected person” defined.

NRS 159.0255         “Secured residential long-term care facility” defined.

NRS 159.026           “Special guardian” defined.

NRS 159.0265         “State” defined.

NRS 159.027           “Ward” defined. [Replaced in revision by NRS 159.0253.]

NRS 159.028           Terms: “Writing” or “written.”

NRS 159.033           Application to guardians ad litem.

PROCEDURE IN GUARDIANSHIP PROCEEDINGS

NRS 159.034           Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court.

NRS 159.0345         Court authorized to alter requirements concerning publication of notice or citation.

NRS 159.0355         Facsimile of certain papers may be filed with court.

NRS 159.036           Giving of notices and issuance of citations by clerk of court.

NRS 159.037           Venue for appointment of guardian.

NRS 159.039           Proceedings commenced in more than one county.

NRS 159.041           Transfer of proceedings to another county.

NRS 159.043           Titles of petitions; captions of petitions and other documents.

NRS 159.044           Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person.

NRS 159.0445         Filing of proposed preliminary care plan and budget.

NRS 159.0455         Appointment and duties of guardians ad litem.

NRS 159.046           Appointment, duties and compensation of investigators.

NRS 159.047           Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service.

NRS 159.0475         Manner of serving citation.

NRS 159.048           Contents of citation.

NRS 159.0483         Attorney for minor ward or proposed minor ward. [Repealed.]

NRS 159.0485         Appointment of attorney for proposed protected person.

NRS 159.0486         Finding of vexatious litigant; sanctions.

APPOINTMENT OF GUARDIANS

NRS 159.0487         Types of guardians.

NRS 159.049           Appointment without issuance of citation. [Repealed.]

NRS 159.052           Temporary guardian for minor ward who is unable to respond to substantial and immediate risk of physical harm or to need for immediate medical attention: Petition for appointment; conditions; required notice; extension; limited powers. [Repealed.]

NRS 159.0523         Temporary guardian for proposed protected person who is unable to respond to substantial and immediate risk of physical harm or to need for immediate medical attention: Petition for appointment; conditions; required notice; extension; limited powers.

NRS 159.0525         Temporary guardian for protected person who is unable to respond to substantial and immediate risk of financial loss: Petition for appointment; conditions; required notice; extension; limited powers.

NRS 159.0535         Attendance of proposed protected person at hearing.

NRS 159.054           Finding and order of court upon petition: Dismissal of petition; appointment of special or general guardian.

NRS 159.055           Burden of proof; order appointing guardian; notice of entry of order.

NRS 159.057           Appointment of guardian for two or more proposed protected persons; powers, duties and termination of such guardianships.

NRS 159.0592         Court may require guardian to complete training.

NRS 159.0593         Determination of whether proposed protected person is prohibited from possessing firearm under federal law.

NRS 159.0594         Determination of whether proposed protected person lacks mental capacity to vote.

NRS 159.0595         Private professional guardians.

NRS 159.061           Minor wards: Preference for appointment of parent; other considerations in determining qualifications and suitability of guardian. [Repealed.]

NRS 159.0613         Protected persons: Preference for appointment of certain persons; other considerations in determining qualifications and suitability of guardian; appointment of nonresident guardian under certain circumstances; appointment of other persons; disqualifications.

NRS 159.0615         Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation.

NRS 159.0617         Court or master of court or special master authorized to allow certain persons to testify at hearing to determine person most qualified and suitable to serve as guardian.

NRS 159.062           Guardian nominated by will.

NRS 159.065           Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances.

NRS 159.067           Bond: Court may require increase, decrease or other change; exoneration of former sureties.

NRS 159.069           Bond: Filing; remedy for breach.

NRS 159.071           Bond: Limitations on action.

NRS 159.073           Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances.

NRS 159.074           Copy of order of appointment to be served upon protected person; notice of entry of order to be filed with court.

NRS 159.075           Letters of guardianship.

REQUEST TO NOMINATE GUARDIAN

NRS 159.0753         Requirements; form; Secretary of State to make form available; regulations.

ADMINISTRATION OF SMALLER ESTATES

NRS 159.0755         Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate.

NRS 159.076           Summary administration.

POWERS AND DUTIES OF GUARDIANS

NRS 159.077           General functions of guardian of person and estate.

NRS 159.078           Petition by guardian or other interested person for order authorizing or directing guardian to take certain actions.

NRS 159.079           General functions of guardian of person; establishment or change of residence of protected person by guardian.

NRS 159.0795         Supervisory authority and powers of special guardian.

NRS 159.0801         Special guardian of person of limited capacity: Approval of court generally required before commencing act relating to person; grant of certain powers by court.

NRS 159.0805         Approval of court required before guardian may consent to certain treatment of or experiment on protected person; conditions for approval.

NRS 159.0807         Moving location of protected person: Filing and service of notice of intent to move; necessary temporary action authorized for emergency conditions; circumstances in which notice not required.

NRS 159.0809         Notification to interested persons and persons of natural affection required upon impending death or death of protected person or obtaining information concerning burial or cremation of protected person.

NRS 159.081           Reports by guardian of person.

NRS 159.083           General functions of guardian of estate.

NRS 159.085           Inventory, supplemental inventory and appraisal of property of protected person.

NRS 159.086           Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal.

NRS 159.0865         Certification of appraiser, certified public accountant or expert in valuation; form of appraisal or valuation; purchase by appraiser, certified public accountant or expert in valuation without disclosure prohibited; penalties.

NRS 159.087           Recording letters of guardianship.

NRS 159.089           Possession of and title to property of protected person; guardian to secure certain documents.

NRS 159.0893         Access to account or other assets of protected person.

NRS 159.0895         Assets retained to pay expenses of funeral and disposal of remains of protected person: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected person.

NRS 159.091           Discovery of debts or property.

NRS 159.093           Collecting obligations due protected person.

NRS 159.095           Representing protected person in legal proceedings.

NRS 159.097           Voidable contracts and transactions of protected person.

NRS 159.099           Liability of guardian of estate on contracts for protected person.

NRS 159.101           Exercising rights under stock ownership of protected person.

NRS 159.103           Claims against estate of protected person.

NRS 159.105           Payment of claims of guardian and claims arising from contracts of guardian; report of claims and payment.

NRS 159.107           Presentment and verification of claims.

NRS 159.109           Examination and allowance or rejection of claims by guardian.

NRS 159.111           Recourse of claimant when claim rejected or not acted upon.

NRS 159.112           Authorized actions by guardian of the person if guardian of the estate has not been appointed; payment of excess money to appointed guardian of the estate; certain compensation authorized.

MANAGEMENT OF ESTATE

NRS 159.113           Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition.

NRS 159.115           Notice of hearing of petition or account.

NRS 159.117           Court approval required to make certain investments and loans and to exercise certain options; certain investments authorized without prior approval; investing property of two or more protected persons.

NRS 159.119           Continuing business of protected person.

NRS 159.121           Borrowing money for protected person.

NRS 159.123           Contracts of protected person.

NRS 159.125           Gifts from estate of protected person; expenditures for relatives of protected person.

TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY

General Provisions

NRS 159.127           Purposes for which property of protected person may be sold, leased or placed in trust.

NRS 159.132           Property of protected person subject to sale.

 

Sale of Real Property

NRS 159.134           Selling real property of protected person.

NRS 159.136           Order requiring guardian to sell real property of estate.

NRS 159.1365         Application of money from sale of real property of protected person that is subject to mortgage or other lien.

NRS 159.1375         Sale of real property of protected person to holder of mortgage or lien on such property.

NRS 159.138           Sale of equity of estate in real property of protected person that is subject to mortgage or lien and of property that is subject to mortgage or lien.

NRS 159.1385         Contract for sale of real property of protected person authorized; limitation on commission; liability of guardian and estate.

NRS 159.1415         Presentation of offer to purchase real property to court for confirmation; division of commission for sale of such property.

NRS 159.142           Sale of interest of protected person in real property owned jointly with one or more persons.

NRS 159.1425         Notice of sale of real property of protected person: When required; manner of providing; waiver; content.

NRS 159.1435         Public auction for sale of real property: Where held; postponement. [Repealed.]

NRS 159.144           Sale of real property of guardianship estate: Requirements for establishing date; manner of making offers.

NRS 159.1455         Confirmation by court of sale of real property of guardianship estate.

NRS 159.146           Hearing to confirm sale of real property: Considerations; conditions for confirmation; actions of court if sale is not confirmed; continuance; circumstances in which sale is confirmed without bidding.

NRS 159.1465         Conveyance of real property of guardianship estate to purchaser upon confirmation of sale by court.

NRS 159.1475         Sale of real property made upon credit.

NRS 159.148           Neglect or refusal of purchaser of real property to comply with terms of sale.

NRS 159.1495         Fraudulent sale of real property of protected person by guardian.

NRS 159.1505         Periods of limitation for actions to recover or set aside sale of real property.

 

Sale of Personal Property

NRS 159.1515         Sale of certain personal property of protected person by guardian; destruction of certain personal property of protected person without notice.

NRS 159.152           Sale of security of protected person by guardian.

NRS 159.1535         Notice of sale of personal property of protected person: When required; manner of providing content.

NRS 159.154           Place and manner of sale of personal property of protected person; report by guardian; first right of refusal of family members.

NRS 159.156           Sale of interest in partnership, interest in personal property pledged to protected person and choses in action of estate of protected person.

 

Lease of Property

NRS 159.157           Lease of property of protected person.

NRS 159.159           Contract with broker to secure lessee.

NRS 159.161           Petition for approval of lease: Content; conditions for approval.

NRS 159.163           Agreement for rental or bailment of personal property.

NRS 159.165           Lease of mining claim or mineral rights; option to purchase.

 

Agreement to Sell or Give Option to Purchase Mining Claim

NRS 159.1653         Petition to enter into agreement; setting date of hearing; notice.

NRS 159.1657         Hearing on petition; court order; recording of court order.

NRS 159.166           Bond and actions required upon court order to enter into agreement.

NRS 159.1663         Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement.

NRS 159.1667         Petition for confirmation of proceedings concerning agreement: When required; notice; hearing.

 

Miscellaneous Provisions

NRS 159.167           Special sale of property of protected person or surrender of interest therein.

NRS 159.169           Advice, instructions and approval of acts of guardian.

NRS 159.171           Executing and recording legal documents.

NRS 159.173           Transfer of property of protected person not ademption.

NRS 159.175           Exchange or partition of property of protected person.

ACCOUNTINGS

NRS 159.176           Review of guardianship by court.

NRS 159.177           Time for filing account; service of account.

NRS 159.179           Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost.

NRS 159.181           Hearing of account.

NRS 159.183           Compensation and expenses of guardian.

NRS 159.184           Accounting by certain care providers.

REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OF GUARDIANSHIP

Removal of Guardian

NRS 159.185           Conditions for removal.

NRS 159.1852         Duty of guardian to notify court if no longer qualified to serve as guardian; appointment of successor guardian.

NRS 159.1853         Petition for removal.

NRS 159.1855         Issuance and service of citation concerning filing of petition for removal; actions of court if protected person or estate may suffer loss or injury during time required for service.

NRS 159.1857         Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear.

NRS 159.186           Additional limitation governing removal of guardian of minor; considerations for court in determining best interests of minor; removal of guardian of minor. [Repealed.]

NRS 159.187           Successor guardians.

 

Resignation of Guardian

NRS 159.1873         Petition tendering resignation.

NRS 159.1875         Approval of resignation of guardian of person.

NRS 159.1877         Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order.

 

Termination of Guardianship

NRS 159.1905         Petition for termination or modification; appointment of attorney to represent protected person; burden of proof; issuance of citation; penalties for not filing petition in good faith.

NRS 159.191           Termination of guardianship of person, estate or person and estate; procedure upon death of protected person.

NRS 159.192           Termination of temporary guardianship.

NRS 159.193           Winding up affairs.

NRS 159.195           Disposition of claims of creditor after termination of guardianship by death of protected person.

NRS 159.197           Delivery of physical possession of property of protected person; petition to modify title to such property; handling property of deceased protected person.

NRS 159.199           Discharge of guardian; exoneration of bond; order of discharge.

 

Maintenance of Records

NRS 159.19905       Time period for which certain records are required to be maintained.

ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION (UNIFORM ACT)

General Provisions

NRS 159.1991         Short title.

NRS 159.1993         International application of Act.

NRS 159.1994         Communication with other courts.

NRS 159.1995         Cooperation with other courts.

NRS 159.1997         Taking testimony in another state.

 

Jurisdiction

NRS 159.1998         General provisions governing jurisdiction and special jurisdiction.

NRS 159.1999         Declination of jurisdiction generally.

NRS 159.202           Declination of jurisdiction by reason of conduct.

NRS 159.2021         Proceedings in more than one state.

NRS 159.2023         Transfer of jurisdiction of guardianship to another state.

NRS 159.2024         Transfer of jurisdiction of guardianship or conservatorship from another state to this State.

 

Registration and Recognition of Orders From Other States

NRS 159.2025         Registration of guardianship orders issued in another state.

NRS 159.2027         Effect of registration of guardianship orders issued in another state.

 

Miscellaneous Provisions

NRS 159.2029         Uniformity of application and construction.

TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA

NRS 159.203           Delivering property or paying obligations to foreign guardian.

APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT

NRS 159.205           Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination. [Repealed.]

NRS 159.215           Guardian of person of minor child of member of Armed Forces. [Repealed.]

ACTS AGAINST OR AFFECTING PROTECTED PERSON OR PROPOSED PROTECTED PERSON

NRS 159.305           Petition alleging that person disposed of money of protected person or has evidence of interest of protected person in or to property.

NRS 159.315           Order of court upon findings concerning allegations that person disposed of money of protected person or proposed protected person or has evidence of interest of protected person or proposed protected person in or to property; nonappearance or noncompliance by person cited; effect of order.

APPEALS

NRS 159.325           Appeals to appellate court of competent jurisdiction. [Replaced in revision by NRS 159.375.]

PROTECTED PERSONS’ BILL OF RIGHTS

NRS 159.327           Short title.

NRS 159.328           Legislative declaration of protected persons’ rights.

NRS 159.329           Duties of courts.

COMMUNICATION, VISITATION AND INTERACTION BETWEEN PROTECTED PERSONS AND RELATIVES OR PERSONS OF NATURAL AFFECTION

NRS 159.331           “Relative” defined.

NRS 159.332           Guardian prohibited from restricting communication, visitation or interaction between protected person and relative or person of natural affection; exceptions.

NRS 159.333           Petition for order restricting communication, visitation or interaction between protected person and relative or person of natural affection; issuance of order; petition to modify or rescind order.

NRS 159.334           Imposition of certain restrictions on communication, visitation or interaction between protected person and relative or person of natural affection before issuance of order.

NRS 159.335           Petition for certain relief upon reasonable belief of abuse of discretion or violation of court order by guardian.

NRS 159.336           Hearing on petition for restricted communication, visitation or interaction between protected person and relative or person of natural affection or petition for relief; emergency hearing required in certain circumstances.

NRS 159.337           Burden of proof.

NRS 159.338           Attorney’s fees and sanctions.

TRUSTS

NRS 159.339           Assumption of jurisdiction by court of trust of which protected person is beneficiary.

NRS 159.3395         Protected person or attorney entitled to copies of accountings for trust created by or for benefit of protected person; submission of trust to jurisdiction of court.

STATE GUARDIANSHIP COMPLIANCE OFFICE

NRS 159.341           State Guardianship Compliance Office: Creation; State Guardianship Compliance Officer.

MISCELLANEOUS PROVISIONS

NRS 159.342           Determination as to whether guardian has already been appointed upon application by person to be designated as guardian.

NRS 159.343           Appointment or extension of appointment of guardian of the person for protected person or proposed protected person seeking status as special immigrant juvenile.

NRS 159.344           Payment of attorney’s fees and costs incurred as result of representation by attorney in guardianship proceeding: Liability; petition for payment from guardianship estate; procedure upon filing petition.

NRS 159.345           Imposition of penalties upon certain misconduct by guardian.

NRS 159.346           Appropriate actions authorized upon violation by guardian of any right of protected person.

APPEALS

NRS 159.375           Appeals to appellate court of competent jurisdiction.

_________

_________

 

GENERAL PROVISIONS

      NRS 159.013  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.014 to 159.0265, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 412; A 1981, 1933; 2003, 1770; 2005, 815; 2009, 1644, 2519; 2017, 867, 2553)

      NRS 159.014  “Care provider” defined.  “Care provider” includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of persons who are incapacitated or persons of limited capacity.

      (Added to NRS by 1969, 412; A 1981, 1933; 2003, 1771; 2017, 867, 3901)

      NRS 159.0145  “Citation” defined.  “Citation” means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself or herself in a specified way, or notifying a person of a hearing.

      (Added to NRS by 2003, 1757)

      NRS 159.015  “Court” defined.  “Court” means any court or judge having jurisdiction of the persons and estates of persons who are incapacitated or persons of limited capacity.

      (Added to NRS by 1969, 412; A 1981, 1933; 2017, 867, 3901)

      NRS 159.017  “Guardian” defined.  “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, a special guardian or, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in this State.

      (Added to NRS by 1969, 412; A 1971, 1010; 1981, 1933; 1999, 849; 2009, 1644)

      NRS 159.018  “Home state” defined.  “Home state” means the state in which the proposed protected person was physically present for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a guardian.

      (Added to NRS by 2009, 1639)

      NRS 159.019  “Incapacitated” defined.  A person is “incapacitated” if he or she, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.

      (Added to NRS by 1969, 412; A 1999, 1396; 2003, 1770; 2017, 3901)

      NRS 159.0195  “Interested person” defined.  “Interested person” means a person who is entitled to notice of a guardianship proceeding pursuant to NRS 159.034.

      (Added to NRS by 2017, 2546)

      NRS 159.022  “Limited capacity” defined.  A person is of “limited capacity” if:

      1.  The person is able to make independently some but not all of the decisions necessary for the person’s own care and the management of the person’s property; and

      2.  The person is not a minor.

      (Added to NRS by 1981, 1931; A 1999, 1396; 2003, 1771)

      NRS 159.023  “Minor” defined.  “Minor” means any person who is:

      1.  Less than 18 years of age; or

      2.  Less than 19 years of age if guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191.

      (Added to NRS by 1969, 412; A 2003, 1771; 2017, 868)

      NRS 159.0235  “Person of natural affection” defined.  “Person of natural affection” means a person who is not a family member of a protected person but who shares a relationship with the protected person that is similar to the relationship between family members.

      (Added to NRS by 2017, 2532, 2546)

      NRS 159.024  “Private professional guardian” defined.

      1.  “Private professional guardian” means a person who receives compensation for services as a guardian to three or more protected persons who are not related to the guardian by blood or marriage and who meets the requirements set forth in NRS 159.0595.

      2.  For the purposes of this chapter, the term includes an entity that serves as a private professional guardian and is:

      (a) Required to have a license issued pursuant to chapter 628B of NRS; or

      (b) Exempt pursuant to NRS 159.0595, 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to chapter 628B of NRS.

      3.  The term does not include:

      (a) A governmental agency.

      (b) A public guardian appointed or designated pursuant to the provisions of chapter 253 of NRS.

      4.  As used in this section, “protected person” includes a protected minor.

      (Added to NRS by 2005, 814; A 2009, 1644; 2015, 2365; 2017, 868, 2423)

      NRS 159.025  “Proposed protected person” defined.  “Proposed protected person” means any person, other than a minor, for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initiated in another state.

      (Added to NRS by 1969, 412; A 2009, 1644; 2017, 868, 2553)

      NRS 159.0251  “Protected minor” defined.  “Protected minor” has the meaning ascribed to it in NRS 159A.0251.

      (Added to NRS by 2017, 867)

      NRS 159.0253  “Protected person” defined.  “Protected person” means any person, other than a minor, for whom a guardian has been appointed.

      (Added to NRS by 1969, 412; A 2017, 868, 2553) — (Substituted in revision for NRS 159.027)

      NRS 159.0255  “Secured residential long-term care facility” defined.

      1.  “Secured residential long-term care facility” means a residential facility providing long-term care that is designed to restrict a resident of the facility from leaving the facility, a part of the facility or the grounds of the facility through the use of locks or other mechanical means unless the resident is accompanied by a staff member of the facility or another person authorized by the facility or the guardian.

      2.  The term does not include a residential facility providing long-term care which uses procedures or mechanisms only to track the location or actions of a resident or to assist a resident to perform the normal activities of daily living.

      (Added to NRS by 2009, 2519)

      NRS 159.026  “Special guardian” defined.  “Special guardian” means a guardian of a person of limited capacity, including, without limitation, such a guardian who is appointed because a person of limited capacity has voluntarily petitioned for the appointment and the court has determined that the person has the requisite capacity to make such a petition.

      (Added to NRS by 1981, 1931; A 2003, 1771)

      NRS 159.0265  “State” defined.  “State” means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2009, 1639)

      NRS 159.027  “Ward” defined.  [Replaced in revision by NRS 159.0253.]

 

      NRS 159.028  Terms: “Writing” or “written.”  As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in NRS 132.119 and an electronic trust as defined in NRS 163.0015.

      (Added to NRS by 2001, 2350)

      NRS 159.033  Application to guardians ad litem.  Except as otherwise provided in this chapter, the provisions of this chapter do not apply to guardians ad litem.

      (Added to NRS by 1969, 412; A 2003, 1771)

PROCEDURE IN GUARDIANSHIP PROCEEDINGS

      NRS 159.034  Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court.

      1.  Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

      (a) The spouse of the protected person and all other known relatives of the protected person who are within the second degree of consanguinity.

      (b) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the person’s name and address, or that of his or her attorney.

      (c) The guardian, if the petitioner is not the guardian.

      (d) Any person or care provider who is providing care for the protected person, except that if the person or care provider is not related to the protected person, such person or care provider must not receive copies of any inventory or accounting.

      (e) Any office of the Department of Veterans Affairs in this State if the protected person is receiving any payments or benefits through the Department of Veterans Affairs.

      (f) The Director of the Department of Health and Human Services if the protected person has received or is receiving benefits from Medicaid.

      (g) Those persons entitled to notice if a proceeding were brought in the home state of the protected person.

      2.  The petitioner shall give notice not later than 10 days before the date set for the hearing:

      (a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

      (b) By personal service; or

      (c) In any other manner ordered by the court, upon a showing of good cause.

      3.  Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the notice must be published not later than 10 days before the date set for the hearing. If, after the appointment of a guardian, a search for relatives of the protected person listed in paragraph (a) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.

      4.  For good cause shown, the court may waive the requirement of giving notice.

      5.  A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.

      6.  On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.

      (Added to NRS by 2003, 1768; A 2009, 1644; 2013, 905; 2017, 868, 3901)

      NRS 159.0345  Court authorized to alter requirements concerning publication of notice or citation.  If publication of a notice or citation is required pursuant to this chapter, the court may, for good cause shown:

      1.  Allow fewer publications to be made within the time for publication; and

      2.  Extend or shorten the time in which the publications must be made.

      (Added to NRS by 2003, 1769; A 2013, 906)

      NRS 159.0355  Facsimile of certain papers may be filed with court.  If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time or at such time prescribed by the court.

      (Added to NRS by 2003, 1769)

      NRS 159.036  Giving of notices and issuance of citations by clerk of court.  All notices required to be given by this chapter may be given by the clerk of the court without an order from the court, and when so given, for the time and in the manner required by law, they are legal and valid as though made upon an order from the court. If use of a citation is authorized or required by statute, the citation may be issued by the clerk of the court on the request of a party or the party’s attorney without a court order, unless an order is expressly required by statute.

      (Added to NRS by 2003, 1769)

      NRS 159.037  Venue for appointment of guardian.

      1.  The venue for the appointment of a guardian when the home state of the proposed protected person is this State must be the county where the proposed protected person resides.

      2.  If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.

      3.  Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.

      (Added to NRS by 1969, 413; A 2003, 1771; 2009, 1645; 2017, 869)

      NRS 159.039  Proceedings commenced in more than one county.

      1.  If proceedings for the appointment of a guardian for the same proposed protected person are commenced in more than one county in this State, and the home state of the proposed protected person is this State, they shall be stayed, except in the county where first commenced, until final determination of venue in that county. If the proper venue is finally determined to be in another county, the court shall cause a transcript of the proceedings and all original papers filed therein, all certified by the clerk of the court, to be sent to the clerk of the court of the proper county.

      2.  A proceeding is considered commenced by the filing of a petition.

      3.  The proceedings first legally commenced for the appointment of a guardian of the estate or of the person and estate extends to all the property of the proposed protected person which is in this state.

      (Added to NRS by 1969, 413; A 2009, 1645; 2017, 869)

      NRS 159.041  Transfer of proceedings to another county.  A court having before it any guardianship matter for a protected person or proposed protected person whose home state is this State may transfer the matter to another county in the interest of the protected person or proposed protected person or, if not contrary to the interest of the protected person or proposed protected person, for the convenience of the guardian. A petition for the transfer, setting forth the reasons therefor, may be filed in the guardianship proceeding. If the court is satisfied that the transfer is in the interest of the protected person or proposed protected person or, if not contrary to the interest of the protected person or proposed protected person, for the convenience of the guardian, the court shall make an order of transfer and cause a transcript of the proceedings in the matter, all original papers filed in such proceedings and the original bond filed by the guardian, to be certified by the clerk of the court originally hearing the matter and sent to the clerk of the court of the other county. Upon receipt of the transcript, papers and bond, and the filing of them for record, the court of the other county has complete jurisdiction of the matter, and thereafter all proceedings shall be as though they were commenced in that court.

      (Added to NRS by 1969, 413; A 2009, 1645; 2017, 870)

      NRS 159.043  Titles of petitions; captions of petitions and other documents.

      1.  All petitions filed in a guardianship proceeding pursuant to this chapter must bear the title of the court and cause.

      2.  The caption of all petitions and other documents filed in a guardianship proceeding pursuant to this chapter must read, “In The Matter of the Guardianship of ................ (the person, the estate, or the person and estate), ................ (the legal name of the person), adult, Protected Person.”

      (Added to NRS by 1969, 413; A 1981, 1934; 2003, 1772; 2017, 870, 2553)

      NRS 159.044  Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person.

      1.  A proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

      2.  To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

      (a) The name and address of the petitioner.

      (b) The name, date of birth and current address of the proposed protected person.

      (c) A copy of one of the following forms of identification of the proposed protected person which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number;

             (5) A valid passport number;

             (6) A valid permanent resident card number; or

             (7) A valid tribal identification card number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.

      (d) Whether the proposed protected person is a resident or nonresident of this State.

      (e) The names and addresses of the spouse of the proposed protected person and the relatives of the proposed protected person who are within the second degree of consanguinity.

      (f) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595 or 159A.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one protected person who is not related to the person by blood or marriage. As used in this paragraph, “protected person” includes a protected minor.

      (g) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number;

             (5) A valid passport number;

             (6) A valid permanent resident card number; or

             (7) A valid tribal identification card number.

      (h) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

      (i) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation must include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:

                   (I) The need for a guardian;

                   (II) Whether the proposed protected person presents a danger to himself or herself or others;

                   (III) Whether the attendance of the proposed protected person at a hearing would be detrimental to the proposed protected person;

                   (IV) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed protected person is capable of living independently with or without assistance; and

             (2) If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person.

      (j) Whether the appointment of a general or a special guardian is sought.

      (k) A general description and the probable value of the property of the proposed protected person and any income to which the proposed protected person is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed protected person by the United States through the Department of Veterans Affairs, the petition must so state.

      (l) The name and address of any person or care provider having the care, custody or control of the proposed protected person.

      (m) If the petitioner is not the spouse or natural child of the proposed protected person, a declaration explaining the relationship of the petitioner to the proposed protected person or to the family or friends of the proposed protected person, if any, and the interest, if any, of the petitioner in the appointment.

      (n) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (o) If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed protected person, whether the referral was from a law enforcement agency or a state or county agency.

      (p) Whether the proposed protected person or the proposed guardian is a party to any pending criminal or civil litigation.

      (q) Whether the guardianship is sought for the purpose of initiating litigation.

      (r) Whether the proposed protected person has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

      (s) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

      3.  Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed.

      (Added to NRS by 1981, 1931; A 1989, 533; 1995, 1076, 2771; 1997, 1343; 1999, 1396; 2001 Special Session, 15; 2003, 1772; 2005, 815; 2007, 2025, 2075; 2009, 1646, 2519; 2013, 906; 2015, 818; 2017, 90, 870, 1622, 2271)

      NRS 159.0445  Filing of proposed preliminary care plan and budget.  Upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget. The format of such a proposed preliminary care plan and budget and the timing of the filing thereof must be specified by a rule approved by the Supreme Court.

      (Added to NRS by 2017, 3898)

      NRS 159.0455  Appointment and duties of guardians ad litem.

      1.  On or after the date of the filing of a petition to appoint a guardian:

      (a) The court may, in any proceeding, appoint a person to represent the protected person or proposed protected person as a guardian ad litem if the court believes that the protected person or proposed protected person will benefit from the appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person; and

      (b) The guardian ad litem must represent the protected person or proposed protected person as a guardian ad litem until relieved of that duty by court order.

      2.  Upon the appointment of the guardian ad litem, the court shall set forth in the order of appointment the duties of the guardian ad litem.

      3.  If a court-approved volunteer advocate program for guardians ad litem has been established in a judicial district, a court may appoint a person who is not an attorney to represent a protected person or proposed protected person as a guardian ad litem. If such a program has been established, all volunteers participating in the program must complete appropriate training, as determined by relevant national or state sources or as approved by the Supreme Court or the district court in the judicial district, before being appointed to represent a protected person or proposed protected person.

      4.  A guardian ad litem appointed pursuant to this section is an officer of the court and is not a party to the case. A guardian ad litem appointed pursuant to this section shall not offer legal advice to the protected person or proposed protected person but shall:

      (a) Advocate for the best interests of the protected person or proposed protected person in a manner that will enable the court to determine the action that will be the least restrictive and in the best interests of the protected person or proposed protected person; and

      (b) Provide any information required by the court.

      (Added to NRS by 2003, 1758; A 2017, 2553)

      NRS 159.046  Appointment, duties and compensation of investigators.

      1.  Upon filing of the petition, or any time thereafter, the court may appoint one or more investigators to:

      (a) Locate persons who perform services needed by the proposed protected person and other public and private resources available to the proposed protected person.

      (b) Determine any competing interests in the appointment of a guardian.

      (c) Investigate allegations or claims which affect a protected person or proposed protected person.

      2.  An investigator may be an employee of a social service agency, family service officer of the court, public guardian, physician or other qualified person.

      3.  An investigator shall file with the court and parties a report concerning the scope of the appointment of the guardian and any special powers which a guardian would need to assist the proposed protected person.

      4.  An investigator who is appointed pursuant to this section is entitled to reasonable compensation from the estate of the proposed protected person. If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the person to pay to the estate of the proposed protected person all or part of the expenses associated with the investigation.

      (Added to NRS by 1981, 1932; A 2003, 1773)

      NRS 159.047  Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service.

      1.  Except as otherwise provided in NRS 159.0475, 159.0523 and 159.0525, upon the filing of a petition under NRS 159.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed protected person.

      2.  A citation issued under subsection 1, together with a copy of the petition filed under NRS 159.044, must be served upon:

      (a) The proposed protected person, regardless of whether the proposed protected person is considered to have the capacity to understand or appreciate the contents of the citation and petition;

      (b) The spouse of the proposed protected person and all other known relatives of the proposed protected person who are:

             (1) Fourteen years of age or older; and

             (2) Within the second degree of consanguinity;

      (c) The parents and custodian of the proposed protected person;

      (d) Any person or officer of a care provider having the care, custody or control of the proposed protected person;

      (e) The proposed guardian, if the petitioner is not the proposed guardian;

      (f) Any office of the Department of Veterans Affairs in this State if the proposed protected person is receiving any payments or benefits through the Department of Veterans Affairs; and

      (g) The Director of the Department of Health and Human Services if the proposed protected person has received or is receiving any benefits from Medicaid.

      3.  A person who serves notice upon a proposed protected person pursuant to paragraph (a) of subsection 2 shall file with the court an affidavit stating that he or she served notice upon the proposed protected person in accordance with the provisions of NRS 159.0475.

      (Added to NRS by 1969, 414; A 1981, 1934; 1999, 1397; 2001, 870; 2003, 1774; 2013, 909; 2017, 872, 3902)

      NRS 159.0475  Manner of serving citation.

      1.  A copy of the citation issued pursuant to NRS 159.047, together with a copy of the petition filed under NRS 159.044, must be served:

      (a) Except as otherwise ordered by the court, on a proposed protected person by personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing; and

      (b) On each person required to be served pursuant to NRS 159.047 other than a proposed protected person by:

             (1) Certified mail, with a return receipt requested, at least 20 days before the hearing; or

             (2) Personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing.

      2.  If none of the persons on whom the citation and petition is to be served can, after due diligence, be served by certified mail or personal service, as applicable, and this fact is proven by affidavit to the satisfaction of the court, service of the citation must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.

      3.  A citation and petition need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of the citation and petition or who makes a general appearance.

      4.  The court may find that notice is sufficient if:

      (a) The citation and petition have been served by personal service on the proposed protected person and an affidavit of such service has been filed with the court pursuant to subsection 3 of NRS 159.047;

      (b) The citation and petition have been served by certified mail, with a return receipt requested, or by personal service on the care provider or public guardian required to be served pursuant to NRS 159.047; and

      (c) At least one relative of the proposed protected person who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed protected person has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.

      (Added to NRS by 1969, 414; A 1981, 1935; 1995, 1077; 2003, 1775; 2013, 909; 2017, 3903)

      NRS 159.048  Contents of citation.  The citation issued pursuant to NRS 159.047 must state that the:

      1.  Proposed protected person may be adjudged to be incapacitated or of limited capacity and a guardian may be appointed for the proposed protected person;

      2.  Rights of the proposed protected person may be affected as specified in the petition;

      3.  Proposed protected person has the right to appear at the hearing and to oppose the petition; and

      4.  Proposed protected person has the right to be represented by an attorney, who may be appointed for the proposed protected person by the court if the proposed protected person is unable to retain one.

      (Added to NRS by 1981, 1931; A 2003, 1775; 2017, 3904)

      NRS 159.0483  Attorney for minor ward or proposed minor ward.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

      NRS 159.0485  Appointment of attorney for proposed protected person.

      1.  Upon the filing of a petition for the appointment of a guardian for a proposed protected person, the court shall appoint an attorney for the proposed protected person unless the proposed protected person wishes to retain or has already retained an attorney of his or her own choice.

      2.  The court shall:

      (a) If the proposed protected person resides in a county that has a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons and the program is able to accept the case, appoint an attorney who works for the organization operating the program to represent the proposed protected person. After such an appointment, if it is ascertained that the proposed protected person wishes to have another attorney represent him or her, the court shall appoint that attorney to represent the proposed protected person. An attorney appointed pursuant to this subsection shall represent the proposed protected person until relieved of the duty by court order.

      (b) If the proposed protected person resides in a county that does not have a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons, or if such a program exists but the program is unable to accept the case, the court shall determine whether the proposed protected person has the ability to pay the reasonable compensation and expenses of an attorney from his or her estate. If the proposed protected person:

             (1) Has the ability to pay the reasonable compensation and expenses of an attorney, the court shall order an attorney to represent the proposed protected person and require such compensation and expenses of the attorney to be paid from the estate of the proposed protected person.

             (2) Does not have the ability to pay the reasonable compensation and expenses of an attorney, the court may use the money retained pursuant to subparagraph (2) of paragraph (a) of subsection 3 of NRS 247.305 to pay for an attorney to represent the proposed protected person.

      3.  If an attorney is appointed pursuant to paragraph (a) of subsection 2 and the proposed protected person has the ability to pay the compensation and expenses of an attorney, the organization operating the program for legal services may request that the court appoint a private attorney to represent the proposed protected person, to be paid by the proposed protected person.

      4.  If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the protected person or proposed protected person all or part of the expenses associated with the appointment of the attorney.

      5.  Any attorney who intends to seek compensation from the estate of the protected person or proposed protected person must follow the procedure established in NRS 159.344.

      (Added to NRS by 1999, 1396; A 2003, 1776; 2009, 2521; 2013, 910; 2017, 873, 2554, 3904)

      NRS 159.0486  Finding of vexatious litigant; sanctions.

      1.  A court may find that a petitioner is a vexatious litigant if a person, other than the protected person:

      (a) Files a petition which is without merit or intended to harass or annoy the guardian; and

      (b) Has previously filed pleadings in a guardianship proceeding that were without merit or intended to harass or annoy the guardian.

      2.  If a court finds a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses incurred by the estate of the protected person to defend the petition, to respond to the petition and for any other pecuniary losses which are associated with the petition.

      (Added to NRS by 2009, 1639)

APPOINTMENT OF GUARDIANS

      NRS 159.0487  Types of guardians.  Any court of competent jurisdiction may appoint:

      1.  Guardians of the person, of the estate, or of the person and estate for persons who are incapacitated whose home state is this State.

      2.  Guardians of the person or of the person and estate for persons who are incapacitated who, although not residents of this State, are physically present in this State and whose welfare requires such an appointment.

      3.  Guardians of the estate for nonresident persons who are incapacitated who have property within this State.

      4.  Special guardians.

      5.  Guardians ad litem.

      (Added to NRS by 1969, 412; A 1981, 1934; 2003, 1771; 2009, 1648; 2017, 873, 3905)

      NRS 159.049  Appointment without issuance of citation.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

      NRS 159.052  Temporary guardian for minor ward who is unable to respond to substantial and immediate risk of physical harm or to need for immediate medical attention: Petition for appointment; conditions; required notice; extension; limited powers.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

      NRS 159.0523  Temporary guardian for proposed protected person who is unable to respond to substantial and immediate risk of physical harm or to need for immediate medical attention: Petition for appointment; conditions; required notice; extension; limited powers.

      1.  A petitioner may request the court to appoint a temporary guardian for a proposed protected person who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows the proposed protected person faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

             (2) Whether the proposed protected person presents a danger to himself or herself or others; and

            (3) Whether the proposed protected person is or has been subjected to abuse, neglect, exploitation, isolation or abandonment; and

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed protected person would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed protected person.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      (Added to NRS by 2001, 867; A 2003, 1778; 2007, 2028; 2009, 1650; 2013, 912; 2015, 820; 2017, 874)

      NRS 159.0525  Temporary guardian for protected person who is unable to respond to substantial and immediate risk of financial loss: Petition for appointment; conditions; required notice; extension; limited powers.

      1.  A petitioner may request the court to appoint a temporary guardian for a protected person who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows that the proposed protected person faces a substantial and immediate risk of financial loss and lacks capacity to respond to the risk of loss. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed protected person is unable to respond to a substantial and immediate risk of financial loss;

             (2) Whether the proposed protected person can live independently with or without assistance or services; and

             (3) Whether the proposed protected person is or has been subjected to abuse, neglect, exploitation, isolation or abandonment;

      (b) A detailed explanation of what risks the proposed protected person faces, including, without limitation, termination of utilities or other services because of nonpayment, initiation of eviction or foreclosure proceedings, exploitation or loss of assets as the result of fraud, coercion or undue influence; and

      (c) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed protected person would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed protected person is unable to respond to a substantial and immediate risk of financial loss; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (c) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (c) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed protected person is unable to respond to a substantial and immediate risk of financial loss; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed protected person.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss, specifically limiting the temporary guardian’s authority to take possession of, close or have access to any accounts of the protected person or to sell or dispose of tangible personal property of the protected person to only that authority as needed to provide for the basic living expenses of the protected person until a general or special guardian can be appointed. The court may freeze any or all of the accounts of the protected person to protect such accounts from loss.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      (Added to NRS by 2001, 869; A 2003, 1779; 2007, 2029; 2009, 1652; 2013, 914; 2015, 822)

      NRS 159.0535  Attendance of proposed protected person at hearing.

      1.  A proposed protected person who is found in this State must attend the hearing for the appointment of a guardian unless:

      (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person; or

      (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person.

      2.  A proposed protected person found in this State who cannot attend the hearing for the appointment of a general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by videoconference. If the proposed protected person cannot attend by videoconference, the person who signs the certificate described in subsection 1 or any other person the court finds qualified shall:

      (a) Inform the proposed protected person that the petitioner is requesting that the court appoint a guardian for the proposed protected person;

      (b) Ask the proposed protected person for a response to the guardianship petition; and

      (c) Ask the preferences of the proposed protected person for the appointment of a particular person as the guardian of the proposed protected person.

      3.  The person who informs the proposed protected person of the rights of the proposed protected person pursuant to subsection 2 shall state in a certificate signed by that person:

      (a) The responses of the proposed protected person to the questions asked pursuant to subsection 2; and

      (b) Any conditions that the person believes may have limited the responses by the proposed protected person.

      4.  The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.

      5.  If the proposed protected person is not in this State, the proposed protected person must attend the hearing only if the court determines that the attendance of the proposed protected person is necessary in the interests of justice.

      (Added to NRS by 1981, 1932; A 2003, 1781; 2009, 2522; 2013, 915; 2017, 875, 2555)

      NRS 159.054  Finding and order of court upon petition: Dismissal of petition; appointment of special or general guardian.

      1.  If the court finds that the proposed protected person is not incapacitated and is not in need of a guardian, the court shall dismiss the petition.

      2.  If the court finds that the proposed protected person is of limited capacity and is in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian.

      3.  If the court finds that appointment of a general guardian is required, the court shall appoint a general guardian of the person, estate, or person and estate of the proposed protected person.

      (Added to NRS by 1981, 1932; A 2003, 1781; 2017, 876, 3905)

      NRS 159.055  Burden of proof; order appointing guardian; notice of entry of order.

      1.  The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.

      2.  If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed protected person, the court shall enter an order appointing a guardian. The order must:

      (a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian;

      (b) Specify whether the proposed protected person is a resident or nonresident of this State;

      (c) Specify the amount of the bond to be executed and filed by the guardian; and

      (d) Designate the names and addresses, so far as may be determined, of:

             (1) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047; and

             (2) Any other interested person.

      3.  A notice of entry of the court order must be sent to:

      (a) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047; and

      (b) Any other interested person.

      (Added to NRS by 1969, 415; A 1981, 1936; 2003, 1781; 2017, 876)

      NRS 159.057  Appointment of guardian for two or more proposed protected persons; powers, duties and termination of such guardianships.

      1.  Where the appointment of a guardian is sought for two or more proposed protected persons who are children of a common parent, parent and child or married couple, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed protected person or protected persons.

      2.  If a guardian is appointed for such protected persons, the guardian:

      (a) Shall keep separate accounts of the estate of each protected person;

      (b) May make investments for each protected person;

      (c) May compromise and settle claims against one or more protected persons; and

      (d) May sell, lease, mortgage or otherwise manage the property of one or more protected persons.

      3.  The guardianship may be terminated with respect to less than all the protected persons in the same manner as provided by law with respect to a guardianship of a single protected person.

      (Added to NRS by 1969, 415; A 2003, 1782; 2017, 786)

      NRS 159.0592  Court may require guardian to complete training.  As a condition of the appointment of a guardian, the court may require the guardian to complete any available training concerning guardianships that the court determines appropriate.

      (Added to NRS by 2013, 904)

      NRS 159.0593  Determination of whether proposed protected person is prohibited from possessing firearm under federal law.

      1.  If the court orders a general guardian appointed for a proposed protected person, the court shall determine, by clear and convincing evidence, whether the proposed protected person is a person with a mental defect who is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(d)(4) or (g)(4). If a court makes a finding pursuant to this section that the proposed protected person is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause, within 5 business days after issuing the order, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

      2.  As used in this section:

      (a) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

      (b) “Person with a mental defect” means a person who, as a result of marked subnormal intelligence, mental illness, incapacitation, condition or disease, is:

             (1) A danger to himself or herself or others; or

             (2) Lacks the capacity to contract or manage his or her own affairs.

      (Added to NRS by 2009, 2490; A 2015, 1805; 2017, 3905)

      NRS 159.0594  Determination of whether proposed protected person lacks mental capacity to vote.

      1.  A protected person retains his or her right to vote unless the court specifically finds by clear and convincing evidence that the protected person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.

      2.  If the court makes a finding pursuant to subsection 1, the court must include the finding in a court order and provide a certified copy of the order to the county clerk or the registrar of voters, as applicable, of the county in which the protected person resides and to the Office of the Secretary of State, in the manner set forth in NRS 293.542.

      (Added to NRS by 2013, 60)

      NRS 159.0595  Private professional guardians.

      1.  In order for a person to serve as a private professional guardian, the person must be:

      (a) A natural person who is a certified guardian and is employed by an entity that is licensed pursuant to chapter 628B of NRS, unless the entity is not required to have such a license pursuant to subsection 2; or

      (b) An entity that:

             (1) Is qualified to serve as a guardian pursuant to NRS 159.0613;

             (2) Has a license issued pursuant to chapter 628B of NRS, unless the entity is not required to have such a license pursuant to subsection 2; and

             (3) Has a private professional guardian who meets the requirements set forth in paragraph (a) involved in the day-to-day operation or management of the entity.

      2.  An entity that wishes to serve as a private professional guardian is not required to have a license issued pursuant to chapter 628B of NRS if the entity is exempt from the requirement to have such a license pursuant to NRS 628B.110.

      3.  As used in this section:

      (a) “Certified guardian” means a person who is certified by the Center for Guardianship Certification or any successor organization.

      (b) “Entity” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.

      (Added to NRS by 2005, 814; A 2009, 1655; 2011, 997; 2015, 2365, 2507; 2017, 877, 2424)

      NRS 159.061  Minor wards: Preference for appointment of parent; other considerations in determining qualifications and suitability of guardian.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

      NRS 159.0613  Protected persons: Preference for appointment of certain persons; other considerations in determining qualifications and suitability of guardian; appointment of nonresident guardian under certain circumstances; appointment of other persons; disqualifications.

      1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for a protected person or proposed protected person, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the protected person or proposed protected person.

      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for a protected person or proposed protected person, the court shall consider, if applicable and without limitation:

      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the protected person or proposed protected person, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the protected person or proposed protected person to appoint the person as guardian for the protected person or proposed protected person;

      (d) Whether the nominated person, relative or other person is incapacitated or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the protected person or proposed protected person.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for a protected person or proposed protected person, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the protected person or proposed protected person nominated for the appointment as guardian for the protected person or proposed protected person in a will, trust or other written instrument that is part of the established estate plan of the protected person or proposed protected person and was executed by the protected person or proposed protected person while he or she was not incapacitated.

      (b) A person whom the protected person or proposed protected person requested for the appointment as guardian for the protected person or proposed protected person in a request to nominate a guardian that is executed in accordance with NRS 159.0753.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the protected person or proposed protected person.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the protected person or proposed protected person. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

             (3) A parent.

             (4) Any relative with whom the protected person or proposed protected person has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the protected person or proposed protected person while he or she was not incapacitated.

             (5) Any relative currently acting as agent.

             (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the protected person or proposed protected person.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the protected person or proposed protected person while he or she was not incapacitated.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the place of residence of the protected person or proposed protected person will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the protected person or proposed protected person because:

             (1) A person or care provider in this State is providing continuing care and supervision for the protected person or proposed protected person;

             (2) The protected person or proposed protected person is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the protected person or proposed protected person will move to the proposed guardian’s state of residence.

      6.  If the court appoints a nonresident as guardian for the protected person or proposed protected person:

      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met.

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS and provide notice of the designation of a registered agent to the court. After the court is provided with such notice, the court shall monitor the information of the registered agent using the records of the Secretary of State.

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the protected person or proposed protected person required pursuant to NRS 159.073;

             (3) The rights of the protected person or proposed protected person;

             (4) The availability of local resources to aid the protected person or proposed protected person; and

             (5) Any other matter the court deems necessary or prudent.

      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

      (a) The public guardian of the county where the protected person or proposed protected person resides if:

             (1) There is a public guardian in the county where the protected person or proposed protected person resides; and

             (2) The protected person or proposed protected person qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the protected person or proposed protected person will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595 or 159A.0595.

      8.  A person is not qualified to be appointed as guardian for a protected person or proposed protected person if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) “Domestic partner” means a person in a domestic partnership.

      (b) “Domestic partnership” means a domestic partnership as defined in NRS 122A.040.

      (c) “Nominated person” means a person, whether or not a relative, whom a protected person or proposed protected person:

             (1) Nominates for the appointment as guardian for the protected person or proposed protected person in a will, trust or other written instrument that is part of the established estate plan of the protected person or proposed protected person and was executed by the protected person or proposed protected person while he or she was not incapacitated.

             (2) Requests for the appointment as guardian for the protected person or proposed protected person in a request to nominate a guardian that is executed in accordance with NRS 159.0753.

      (d) “Relative” means a person who is 18 years of age or older and who is related to the protected person or proposed protected person by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      (Added to NRS by 2015, 2362, 2504; A 2017, 291, 877, 3905, 4360)

      NRS 159.0615  Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation.

      1.  If the court determines that a person may be in need of a guardian, the court may order the appointment of a master of the court or a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed protected person.

      2.  Not later than 5 calendar days after the date of the hearing, the master of the court or special master shall prepare and submit to the court a recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed protected person.

      (Added to NRS by 1997, 1342; A 2003, 1784)

      NRS 159.0617  Court or master of court or special master authorized to allow certain persons to testify at hearing to determine person most qualified and suitable to serve as guardian.  If the court or a master of the court or special master appointed pursuant to NRS 159.0615 finds that a parent or other relative, teacher, friend or neighbor of a proposed protected person or any other interested person:

      1.  Has a personal interest in the well-being of the proposed protected person; or

      2.  Possesses information that is relevant to the determination of who should serve as guardian for the proposed protected person,

Ê the court or a master of the court or special master appointed pursuant to NRS 159.0615 may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to serve as guardian for the proposed protected person.

      (Added to NRS by 1997, 1343; A 2003, 1784)

      NRS 159.062  Guardian nominated by will.  A parent or spouse of a person who is incapacitated or person of limited capacity may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.

      (Added to NRS by 1981, 1933; A 2017, 881, 3908)

      NRS 159.065  Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances.

      1.  Except as otherwise provided by law, every guardian shall, before entering upon his or her duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the protected person and the estate of the protected person, and conditioned upon the faithful discharge by the guardian of his or her authority and duties according to law. The bond must be approved by the clerk. Sureties must be jointly and severally liable with the guardian and with each other.

      2.  If a banking corporation, as defined in NRS 657.016, doing business in this state, is appointed guardian of the estate of a protected person, no bond is required of the guardian, unless specifically required by the court.

      3.  Joint guardians may unite in a bond to the protected person or protected persons, or each may give a separate bond.

      4.  If there are no assets of the protected person, no bond is required of the guardian.

      5.  If a person has been nominated to be guardian in a will, power of attorney or other written instrument that has been acknowledged before two disinterested witnesses or acknowledged before a notary public and the will, power of attorney or other written instrument provides that no bond is to be required of the guardian, the court may direct letters of guardianship to issue to the guardian after the guardian:

      (a) Takes and subscribes the oath of office; and

      (b) Files the appropriate documents which contain the full legal name and address of the guardian.

      6.  In lieu of executing and filing a bond, the guardian may request that access to certain assets be blocked. The court may grant the request and order letters of guardianship to issue to the guardian if sufficient evidence is filed with the court to establish that such assets are being held in a manner that prevents the guardian from accessing the assets without a specific court order.

      (Added to NRS by 1969, 416; A 1971, 1010; 1973, 386; 2003, 1784; 2011, 1464)

      NRS 159.067  Bond: Court may require increase, decrease or other change; exoneration of former sureties.

      1.  The court may at any time, for good cause and after notice to the guardian, increase or decrease the amount of the bond required of a guardian.

      2.  The court may at any time, where the bond or the sureties are determined to be insufficient or for other good cause, require a guardian to execute and file a new or additional bond. The court may exonerate the sureties on a former bond from any liabilities thereunder arising from the acts or omissions of their principal after such exoneration.

      (Added to NRS by 1969, 417)

      NRS 159.069  Bond: Filing; remedy for breach.  Every bond given by a guardian shall be filed and preserved in the office of the clerk of the district court of the county in which the guardianship proceeding is conducted. In case of the breach of any condition of such bond, an action may be maintained in behalf of the protected person or protected persons jointly if all are interested, or of any person interested in the estate, and such bond shall not be void on the first recovery. If the action on the bond is in behalf of one protected person on a bond given to more than one protected person, the other protected persons mentioned in the bond need not be united in or made parties to such action. As used in this section, “protected person” includes a protected minor.

      (Added to NRS by 1969, 417; A 2017, 881)

      NRS 159.071  Bond: Limitations on action.  No action may be maintained against the sureties on any bond given by a guardian unless it is commenced within 3 years from the time the guardian is discharged, unless at the time of such discharge the person entitled to bring the action is under any legal disability to sue, in which case the action may be brought at any time within 3 years after the disability is removed.

      (Added to NRS by 1969, 417)

      NRS 159.073  Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances.

      1.  Every guardian, before entering upon his or her duties as guardian and before letters of guardianship may issue, shall:

      (a) Take and subscribe the official oath which must:

             (1) Be endorsed on the letters of guardianship; and

             (2) State that the guardian will well and faithfully perform the duties of guardian according to law.

      (b) File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and the residence and post office addresses of the guardian.

      (c) Except as otherwise required in subsection 2, make and file in the proceeding a verified acknowledgment of the duties and responsibilities of a guardian. The acknowledgment must set forth:

             (1) A summary of the duties, functions and responsibilities of a guardian, including, without limitation, the duty to:

                   (I) Act in the best interest of the protected person at all times.

                   (II) Provide the protected person with medical, surgical, dental, psychiatric, psychological, hygienic or other care and treatment as needed, with adequate food and clothing and with safe and appropriate housing.

                   (III) Protect, preserve and manage the income, assets and estate of the protected person and utilize the income, assets and estate of the protected person solely for the benefit of the protected person.

                   (IV) Maintain the assets of the protected person in the name of the protected person or the name of the guardianship. Except when the spouse of the protected person is also his or her guardian, the assets of the protected person must not be commingled with the assets of any third party.

                   (V) Provide notification of the death of the protected person in accordance with NRS 159.0809.

             (2) A summary of the statutes, regulations, rules and standards governing the duties of a guardian.

             (3) A list of actions regarding the protected person that require the prior approval of the court.

             (4) A statement of the need for accurate recordkeeping and the filing of annual reports with the court regarding the finances and well-being of the protected person.

      2.  The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and, in lieu thereof, require the public guardian or private professional guardian to file a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.

      (Added to NRS by 1969, 417; A 1999, 1399; 2003, 1785; 2011, 998; 2013, 916; 2017, 2556)

      NRS 159.074  Copy of order of appointment to be served upon protected person; notice of entry of order to be filed with court.

      1.  A copy of the order appointing the guardian must be served personally or by mail upon the protected person not later than 5 days after the date of the appointment of the guardian.

      2.  The order must contain the names, addresses and telephone numbers of the guardian, the attorney of the protected person, if any, and the investigator.

      3.  A notice of entry of the order must be filed with the court.

      (Added to NRS by 1981, 1932; A 2003, 1785)

      NRS 159.075  Letters of guardianship.  When a guardian has taken the official oath and filed a bond as provided in this chapter, the court shall order letters of guardianship to issue to the guardian. Letters of guardianship may be in the following form:

 

State of Nevada                       }

                                                   }ss.

County of................................ }

 

On .......... (month) .......... (day) .......... (year) the ................ Judicial District Court, ................ County, State of Nevada, appointed......................... (name of guardian) ...........................(guardian of the person or estate or person and estate or special guardian) for ........................ (name of protected person), an adult, that the named guardian has qualified and has the authority and shall perform the duties of .............................................................................. (guardian of the person or estate or person and estate or special guardian) for the named protected person as provided by law.

 

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on .......... (month) .......... (day) .......... (year).

 

                                                                   .......................................................................

                                                                                             Clerk

(SEAL)

                                                                   .......................................................................

                                                                                         Deputy Clerk

 

      (Added to NRS by 1969, 417; A 1981, 1936; 2001, 35; 2003, 1785; 2017, 881)

REQUEST TO NOMINATE GUARDIAN

      NRS 159.0753  Requirements; form; Secretary of State to make form available; regulations.

      1.  Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so by completing a form requesting to nominate a guardian in accordance with this section.

      2.  A form requesting to nominate a guardian must be:

      (a) Signed by the person requesting to nominate a guardian;

      (b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and

      (c) Notarized.

      3.  A request to nominate a guardian may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

 

REQUEST TO NOMINATE GUARDIAN

 

       I, .................... (insert your name), residing at ................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:

       1.  As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.

       2.  This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).

       3.  Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.

       4.  I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

       5.  If .................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

       6.  I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.

 

(YOU MUST DATE AND SIGN THIS DOCUMENT)

 

       I sign my name to this document on ................. (date)

..........................................................................................

                                    (Signature)

 

(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)

 

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.

..........................................................

      (Signature of first witness)

..........................................................

                   (Print name)

..........................................................

                        (Date)

 

..........................................................

   (Signature of second witness)

..........................................................

                   (Print name)

..........................................................

                        (Date)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

State of Nevada                   }

                                               }

County of ........................... }

       On this .......... day of ..............., in the year ......., before me, .................... (insert name of notary public), personally appeared .................... (insert name of principal), .................... (insert name of first witness) and .................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument. I declare under penalty of perjury that the persons whose names are subscribed to this instrument appear to be of sound mind and under no duress, fraud or undue influence.

 

..........................................................

    (Signature of notarial officer)

                  (Seal, if any)

 

      4.  The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

      5.  The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2017, 4358)

ADMINISTRATION OF SMALLER ESTATES

      NRS 159.0755  Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate.  If, at the time of the appointment of the guardian or thereafter, the estate of a protected person consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the guardianship estate and claims against the estate, the guardian of the estate, with prior approval of the court by order, may pay those expenses and claims from the estate and deliver all the remaining personal property to such person as the court may designate in the order, to be held, invested or used as ordered by the court. The recipient of the property so delivered shall give a receipt therefor to the guardian. The receipt is a release and acquittance to the guardian as to the property so delivered. The guardian shall file in the proceeding proper receipts or other evidence satisfactory to the court showing the delivery, and the guardian is released from his or her trust and the bond of the guardian is exonerated.

      (Added to NRS by 1969, 432; A 1999, 1400; 2009, 1656) — (Substituted in revision for NRS 159.189)

      NRS 159.076  Summary administration.

      1.  The court may grant a summary administration if, at any time, it appears to the court that after payment of all claims and expenses of the guardianship the value of the property of the protected person does not exceed $10,000.

      2.  If the court grants a summary administration, the court may authorize the guardian of the estate or special guardian who is authorized to manage the property of the protected person to convert the property to cash and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit the money in savings accounts or invest the money as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the protected person. The court may dispense with annual accountings and all other proceedings required by this chapter.

      3.  Whether the court grants a summary administration at the time the guardianship is established or at any other time, the guardian shall file an inventory and record of value with the court.

      4.  If, at any time, the net value of the estate of the protected person exceeds $10,000:

      (a) The guardian shall file an amended inventory and accounting with the court;

      (b) The guardian shall file annual accountings; and

      (c) The court may require the guardian to post a bond.

      (Added to NRS by 1969, 433; A 1981, 1938; 1999, 1401; 2003, 1801; 2009, 1656; 2017, 881)

POWERS AND DUTIES OF GUARDIANS

      NRS 159.077  General functions of guardian of person and estate.  A guardian of the person and estate has the authority and shall perform the duties as provided by law for a guardian of the person and a guardian of the estate.

      (Added to NRS by 1969, 418)

      NRS 159.078  Petition by guardian or other interested person for order authorizing or directing guardian to take certain actions.

      1.  Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:

      (a) Make or change the last will and testament of the protected person.

      (b) Except as otherwise provided in this paragraph, make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the protected person which includes the designation of a beneficiary. The guardian is not required to petition the court for an order authorizing the guardian to utilize an asset which has a designated beneficiary, including the closure or discontinuance of the asset, for the benefit of a protected person if:

             (1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the protected person;

             (2) The asset, or the aggregate amount of all the assets if there is more than one type of asset, has a value that does not exceed $5,000; or

             (3) The asset is a bank account, investment fund or insurance policy and is required to be closed or discontinued in order for the protected person to qualify for a federal program of public assistance.

      (c) Create for the benefit of the protected person or others a revocable or irrevocable trust of the property of the estate.

      (d) Except as otherwise provided in this paragraph, exercise the right of the protected person to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:

             (1) Evidences an intent of the protected person to reserve the right of revocation or modification exclusively to the protected person;

             (2) Provides expressly that a guardian may not revoke or modify the trust; or

             (3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.

      2.  Any other interested person may also petition the court for an order authorizing or directing the guardian to take any action described in subsection 1.

      3.  The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the court finds by clear and convincing evidence that:

      (a) A reasonably prudent person or the protected person, if not incapacitated, would take the proposed action and that a person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the protected person or estate of the protected person and that person:

             (1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the protected person; or

             (2) Will benefit from the lack of such an instrument; or

      (b) The proposed action is otherwise in the best interests of the protected person for any other reason not listed in this section.

      4.  The petition must contain, to the extent known by the petitioner:

      (a) The name, date of birth and current address of the protected person;

      (b) A concise statement as to the condition of the estate of the protected person; and

      (c) A concise statement as to the necessity for the proposed action.

      5.  As used in this section:

      (a) “Exploitation” means any act taken by a person who has the trust and confidence of a protected person or any use of the power of attorney of a protected person to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the protected person with the intention of permanently depriving the protected person of the ownership, use, benefit or possession of the money, assets or property of the protected person.

             (2) Convert money, assets or property of the protected person with the intention of permanently depriving the protected person of the ownership, use, benefit or possession of the money, assets or property of the protected person.

Ê As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.

      (b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the protected person of the rights or property of the protected person or to otherwise injure the protected person.

      (c) “Interested person” has the meaning ascribed to it in NRS 132.185 and also includes a named beneficiary under a trust or other instrument if the validity of the trust or other instrument may be in question.

      (Added to NRS by 2003, 1769; A 2007, 2031; 2009, 783; 2017, 3909)

      NRS 159.079  General functions of guardian of person; establishment or change of residence of protected person by guardian.

      1.  Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the protected person, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the protected person, including, without limitation, the following:

      (a) Supplying the protected person with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected person based on the financial situation and needs of the protected person, including, without limitation, any medical needs or needs relating to his or her care.

      (b) Taking reasonable care of any clothing, furniture, vehicles and other personal effects of the protected person and commencing a proceeding if any property of the protected person is in need of protection.

      (c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected person.

      (d) Seeing that the protected person is properly trained and educated and that the protected person has the opportunity to learn a trade, occupation or profession.

      2.  In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the protected person. A guardian of the person is not required to incur expenses on behalf of the protected person except to the extent that the estate of the protected person is sufficient to reimburse the guardian.

      3.  A guardian of the person is the personal representative of the protected person for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations. The guardian of the person has authority to obtain information from any government agency, medical provider, business, creditor or third party who may have information pertaining to the health care or health insurance of the protected person.

      4.  A guardian of the person may, subject to the provisions of subsection 6 and NRS 159.0807, establish and change the residence of the protected person at any place within this State. The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the protected person and which is financially feasible.

      5.  A guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the protected person to a location outside of this State. The guardian must show that the placement outside of this State is in the best interest of the protected person or that there is no appropriate residence available for the protected person in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159.1905 or 159.191 or the jurisdiction of the guardianship is transferred to the other state.

      6.  A guardian of the person must file a notice with the court of his or her intent to move a protected person to or place a protected person in a secured residential long-term care facility pursuant to subsection 4 of NRS 159.0807 unless the secured residential long-term care facility is in this State and:

      (a) An emergency condition exists pursuant to subsection 5 of NRS 159.0807;

      (b) The court has previously granted the guardian authority to move the protected person to or place the protected person in such a facility based on findings made when the court appointed the guardian; or

      (c) The move or placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services.

      7.  This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.

      8.  As used in this section “protective services” has the meaning ascribed to it in NRS 200.5092.

      (Added to NRS by 1969, 418; A 1999, 1399; 2003, 1786; 2009, 1656; 2013, 917; 2017, 2557)

      NRS 159.0795  Supervisory authority and powers of special guardian.

      1.  A special guardian shall exercise supervisory authority over the protected person in a manner which is least restrictive of the personal freedom of the protected person and which is consistent with the need of the protected person for supervision and protection.

      2.  A special guardian has the powers set forth in the order appointing the special guardian and any other powers given to the special guardian in an emergency which are necessary and consistent to resolve the emergency or protect the protected person from imminent harm.

      (Added to NRS by 1981, 1933; A 2003, 1786)

      NRS 159.0801  Special guardian of person of limited capacity: Approval of court generally required before commencing act relating to person; grant of certain powers by court.

      1.  Except when responding to an emergency, a special guardian of a person of limited capacity shall apply to the court for instruction or approval before commencing any act relating to the person of limited capacity.

      2.  The court may grant a special guardian of a person of limited capacity the power to manage and dispose of the estate of the protected person pursuant to NRS 159.117 to 159.175, inclusive, and perform any other act relating to the protected person upon specific instructions or approval of the court.

      (Added to NRS by 1981, 1933; A 2003, 1786)

      NRS 159.0805  Approval of court required before guardian may consent to certain treatment of or experiment on protected person; conditions for approval.

      1.  Except as otherwise provided in subsection 2, a guardian shall not consent to:

      (a) The experimental medical, biomedical or behavioral treatment of a protected person;

      (b) The sterilization of a protected person; or

      (c) The participation of a protected person in any biomedical or behavioral experiment.

      2.  The guardian may consent to and commence any treatment or experiment described in subsection 1 if the guardian applies to and obtains from the court authority to consent to and commence the treatment or experiment.

      3.  The court may authorize the guardian to consent to and commence any treatment or experiment described in subsection 1 only if the treatment or experiment:

      (a) Is of direct benefit to, and intended to preserve the life of or prevent serious impairment to the mental or physical health of, the protected person; or

      (b) Is intended to assist the protected person to develop or regain the abilities of the protected person.

      (Added to NRS by 1981, 1933; A 1999, 1400; 2003, 1786; 2007, 2032)

      NRS 159.0807  Moving location of protected person: Filing and service of notice of intent to move; necessary temporary action authorized for emergency conditions; circumstances in which notice not required.

      1.  Every protected person has the right, if possible, to:

      (a) Have his or her preferences followed; and

      (b) Age in his or her own surroundings or, if not possible, in the least restrictive environment suitable to his or her unique needs and abilities.

      2.  Except as otherwise provided in subsection 5, a proposed protected person must not be moved until a guardian is appointed.

      3.  Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, the guardian shall notify all interested persons in accordance with subsection 4 before the protected person:

      (a) Is admitted to a secured residential long-term care facility;

      (b) Changes his or her residence, including, without limitation, to or from one secured residential long-term care facility to another; or

      (c) Will reside at a location other than his or her residence for more than 3 days.

      4.  Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, a guardian shall file with the court a notice of his or her intent to move the protected person and shall serve notice upon all interested persons not less than 10 days before moving the protected person. If no objection to the move is received from any interested person within 10 days after receiving the notice, the guardian may move the protected person without court permission.

      5.  If an emergency condition exists, including, without limitation, the health or safety of the protected person is at risk of imminent harm or the protected person has been hospitalized and will be unable to return to his or her residence for a period of more than 24 hours, the guardian may take any temporary action needed without the permission of the court and shall file notice with the court and serve notice upon all interested persons as soon as practicable after taking such action.

      6.  Except as otherwise provided in this subsection, any notice provided to a court, an interested person or person of natural affection pursuant to this section or NRS 159.0809 must include the current location of the protected person. The guardian shall not provide any contact information to an interested person or person of natural affection if an order of protection has been issued against the interested person or person of natural affection on behalf of the protected person.

      7.  A guardian is not required to provide notice to an interested person or person of natural affection in accordance with this section or NRS 159.0809 if:

      (a) The interested person or person of natural affection informs the guardian in writing that the person does not wish to receive such notice; or

      (b) The protected person or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.

      (Added to NRS by 2017, 2550)

      NRS 159.0809  Notification to interested persons and persons of natural affection required upon impending death or death of protected person or obtaining information concerning burial or cremation of protected person.

      1.  Except as otherwise provided in NRS 159.0807, a guardian shall immediately notify all interested persons and persons of natural affection:

      (a) If the guardian reasonably believes that the death of the protected person is likely to occur within the next 30 days and such belief is based on information from a psychologist, physician or other health care provider of the protected person or a person otherwise qualified to provide such a medical opinion, including, without limitation, a health care provider employed by a hospice or by a hospital of the Department of Veterans Affairs.

      (b) Upon the death of the protected person.

      (c) Upon obtaining any information relating to the burial or cremation of the protected person.

      2.  The guardian shall provide notification pursuant to paragraph (b) of subsection 1:

      (a) In person or by telephone to the family members of the protected person or, if the protected person does not have any family members or does not have a relationship with any family members, the person of natural affection designated to receive such notification;

      (b) By electronic communication to any family member of the protected person or person of natural affection who has opted to receive notification by electronic communication; and

      (c) In writing to all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).

      (Added to NRS by 2017, 2551)

      NRS 159.081  Reports by guardian of person.

      1.  A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the protected person and the exercise of authority and performance of duties by the guardian:

      (a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian;

      (b) Within 10 days of moving a protected person to a secured residential long-term care facility; and

      (c) At such other times as the court may order.

      2.  A report filed pursuant to paragraph (b) of subsection 1 must:

      (a) Include a copy of the written recommendation upon which the transfer was made; and

      (b) Be served, without limitation, on the protected person and any attorney for the protected person.

      3.  The court may prescribe the form for filing a report described in subsection 1. Such a report must include, without limitation:

      (a) The physical condition of the protected person;

      (b) The place of residence of the protected person;

      (c) The name of all other persons living with the protected person unless the protected person is residing at a secured residential long-term care facility, group home, supportive living facility, assisted living facility or other facility for long-term care; and

      (d) Any other information required by the court.

      4.  The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court.

      5.  The court is not required to hold a hearing or enter an order regarding the report.

      6.  As used in this section, “facility for long-term care” has the meaning ascribed to it in NRS 427A.028.

      (Added to NRS by 1969, 418; A 2003, 1787; 2009, 2522; 2017, 2558, 3910)

      NRS 159.083  General functions of guardian of estate.  A guardian of the estate shall:

      1.  Protect, preserve, manage and dispose of the estate of the protected person according to law and for the best interests of the protected person.

      2.  Apply the estate of the protected person for the proper care, maintenance, education and support of the protected person and any person to whom the protected person owes a legal duty of support, having due regard for other income or property available to support the protected person or any person to whom the protected person owes a legal duty of support.

      3.  Have such other authority and perform such other duties as are provided by law.

      (Added to NRS by 1969, 418)

      NRS 159.085  Inventory, supplemental inventory and appraisal of property of protected person.

      1.  Not later than 60 days after the date of the appointment of a general or special guardian of the estate or, if necessary, such further time as the court may allow, the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the protected person which comes to the possession or knowledge of the guardian, including, without limitation, the existence of any trust of which the protected person is currently a beneficiary who is receiving or is entitled to receive distributions.

      2.  A temporary guardian of the estate who is not appointed as the general or special guardian shall file an inventory with the court by not later than the date on which the temporary guardian files a final accounting as required pursuant to NRS 159.177.

      3.  The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:

      (a) All of the estate of the protected person which has come into the possession of the guardian;

      (b) All of the money that belongs to the protected person; and

      (c) All of the just claims of the protected person against the guardian.

      4.  A copy of the inventory filed with the court and a notice of the filing must be served on the protected person, his or her attorney and any guardian ad litem representing the protected person.

      5.  Whenever any property of the protected person not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, the guardian shall:

      (a) Make and file in the proceeding a verified supplemental inventory not later than 30 days after the date the property comes to the possession or knowledge of the guardian; or

      (b) Include the property in the next accounting.

      6.  The court may order which of the two methods described in subsection 5 the guardian shall follow.

      7.  The court may order all or any part of the property of the protected person appraised as provided in NRS 159.0865 and 159.305.

      8.  If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for good cause shown and upon such notice as the court deems appropriate:

      (a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian; or

      (b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.

      (Added to NRS by 1969, 419; A 1997, 1494; 1999, 1400; 2003, 1787; 2017, 1236, 3910)

      NRS 159.086  Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal.

      1.  Except as otherwise provided in subsection 2, the guardian of an estate shall cause an appraisal or valuation of any asset of a guardianship estate to be conducted by a disinterested appraiser, certified public accountant or expert in valuation and file the appraisal or valuation with the court.

      2.  In lieu of an appraisal, the guardian may file:

      (a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation:

             (1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and

             (2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000.

      (b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.

      (Added to NRS by 2003, 1758)

      NRS 159.0865  Certification of appraiser, certified public accountant or expert in valuation; form of appraisal or valuation; purchase by appraiser, certified public accountant or expert in valuation without disclosure prohibited; penalties.

      1.  Before appraising or valuing any asset of the guardianship estate, each appraiser, certified public accountant or expert in valuation shall certify that the appraiser, accountant or expert will truthfully, honestly and impartially appraise or value the property according to the best of his or her knowledge and ability. The certification must be included in the appraisal or valuation and filed with the court.

      2.  The appraisal or valuation must list each asset that has a value of more than $100 separately with a statement of the value of the asset opposite the asset.

      3.  An appraiser, certified public accountant or expert in valuation who performs an appraisal or valuation of a guardianship estate is entitled to reasonable compensation for the appraisal or valuation and may be paid by the guardian out of the estate at any time after the appraisal or valuation is completed.

      4.  An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any asset of an estate without full disclosure to and approval by the court is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void, and the asset sold may be recovered by the guardian, protected person or proposed protected person.

      (Added to NRS by 2003, 1758)

      NRS 159.087  Recording letters of guardianship.

      1.  Not later than 60 days after the date of the appointment of a guardian of the estate, the guardian shall record, or cause to be recorded, in the office of the recorder of each county in which real property of the protected person is located, a copy, certified by the clerk of the court, of the letters of guardianship.

      2.  The guardian shall attach, or cause to be attached, to the copy of the letters of guardianship recorded pursuant to subsection 1 a cover sheet containing:

      (a) The name, address and telephone number of the guardian;

      (b) The assessor’s parcel number and the address of the real property of the protected person; and

      (c) If the estate of the protected person includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.

      3.  As used in this section:

      (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

      (b) “Mobile home” has the meaning ascribed to it in NRS 489.120.

      (Added to NRS by 1969, 419; A 2003, 1788; 2011, 2410)

      NRS 159.089  Possession of and title to property of protected person; guardian to secure certain documents.

      1.  A guardian of the estate shall take possession of:

      (a) All of the property of substantial value of the protected person;

      (b) Rents, income, issues and profits from the property, whether accruing before or after the appointment of the guardian; and

      (c) The proceeds from the sale, mortgage, lease or other disposition of the property.

      2.  The guardian may permit the protected person to have possession and control of the personal property and funds as are appropriate to the needs and capacities of the protected person.

      3.  The title to all property of the protected person is in the protected person and not in the guardian.

      4.  A guardian shall secure originals, when available, or copies of any:

      (a) Contract executed by the protected person;

      (b) Power of attorney executed by the protected person;

      (c) Estate planning document prepared by the protected person, including, without limitation, a last will and testament, durable power of attorney and revocable trust of the protected person;

      (d) Revocable or irrevocable trust in which the protected person has a vested interest as a beneficiary; and

      (e) Writing evidencing a present or future vested interest in any real or intangible property.

      (Added to NRS by 1969, 419; A 2003, 1788)

      NRS 159.0893  Access to account or other assets of protected person.

      1.  A guardian shall present a copy of the court order appointing the guardian and letters of guardianship to a bank or other financial institution that holds any account or other assets of the protected person before the guardian may access the account or other assets.

      2.  The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access to the account or other assets of the protected person, subject to any limitations set forth in the court order.

      3.  Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is not entitled to a copy of any:

      (a) Capacity evaluation of the protected person or any other confidential information concerning the medical condition or the placement of the protected person; or

      (b) Inventory or accounting of the estate of the protected person.

      (Added to NRS by 2013, 904; A 2017, 3911)

      NRS 159.0895  Assets retained to pay expenses of funeral and disposal of remains of protected person: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected person.

      1.  The guardian may retain assets for the anticipated expense of the funeral of the protected person and the disposal of his or her remains. Of the amount so retained, $3,000 is exempt from all claims, including those of this state.

      2.  The guardian may place assets so retained in a pooled account or trust. If the assets are invested in a savings account or other financial account, they are not subject to disposition as unclaimed property during the lifetime of the protected person.

      3.  Assets so retained may be disbursed for the funeral of the protected person or the disposal of his or her remains without prior authorization of the court. An amount not so disbursed becomes part of the estate of the protected person.

      (Added to NRS by 1999, 1396; A 2009, 1657)

      NRS 159.091  Discovery of debts or property.  Upon the filing of a petition in the guardianship proceeding by the guardian, the protected person or any other interested person, alleging that any person is indebted to the protected person, has or is suspected of having concealed, embezzled, converted or disposed of any property of the protected person or has possession or knowledge of any such property or of any writing relating to such property, the court may require the person to appear and answer under oath concerning the matter.

      (Added to NRS by 1969, 419; A 2003, 1788)

      NRS 159.093  Collecting obligations due protected person.

      1.  A guardian of the estate:

      (a) Shall demand all debts and other choses in action due to the protected person; and

      (b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the protected person.

      2.  A guardian of the estate, with prior approval of the court by order, may compound or compromise any debt or other chose in action due to the protected person and give a release and discharge to the debtor or other obligor.

      (Added to NRS by 1969, 419; A 2003, 1789)

      NRS 159.095  Representing protected person in legal proceedings.

      1.  A guardian of the estate shall appear for and represent the protected person in all actions, suits or proceedings to which the protected person is a party, unless the court finds that the interests of the guardian conflict with the interests of the protected person or it is otherwise appropriate to appoint a guardian ad litem in the action, suit or proceeding.

      2.  Upon final resolution of the action, suit or proceeding, the guardian of the estate or the guardian ad litem shall notify the court of the outcome of the action, suit or proceeding.

      3.  If the person of the protected person would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the protected person in the action, suit or proceeding.

      4.  If the protected person is a party to any criminal action, the guardian of the estate and the guardian of the person must be notified of the action.

      (Added to NRS by 1969, 419; A 2003, 1789; 2013, 918; 2017, 3911)

      NRS 159.097  Voidable contracts and transactions of protected person.  Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a protected person made by the protected person are voidable by the guardian of the estate if such contract or transaction was made at any time by the protected person while he or she was incapacitated or a minor.

      (Added to NRS by 1969, 419; A 2017, 3912)

      NRS 159.099  Liability of guardian of estate on contracts for protected person.  A guardian of the estate shall not be personally liable on any written or oral contract entered into for or on behalf of the protected person where the guardian is acting within his or her authority as such guardian. Any action, suit or proceeding on any such contract shall be brought against the guardian in his or her fiduciary capacity only, and any judgment or decree obtained in such action, suit or proceeding shall be satisfied only from property of the protected person.

      (Added to NRS by 1969, 420)

      NRS 159.101  Exercising rights under stock ownership of protected person.

      1.  A guardian of the estate may exercise the rights of the protected person which accrue pursuant to the ownership of the protected person of common or preferred stock, including, but not limited to, the right to:

      (a) Vote for officers or directors;

      (b) Approve or disapprove mergers or consolidations;

      (c) Exercise stock options;

      (d) Appoint proxies;

      (e) Consent to dissolutions; and

      (f) Exercise all rights which the protected person might exercise, if legally qualified, regarding the management of the corporation.

Ê If the stock owned by the protected person in a corporation exceeds 20 percent of the total issued and outstanding stock having voting rights, the guardian must have prior approval of the court to consent to any merger, consolidation or dissolution of the corporation or the sale or encumbrance of its assets where the consent of the stockholders is required by law.

      2.  Whenever the estate of a protected person includes corporate stock, the guardian may hold it in the name of a nominee without mention of the guardianship in the stock certificate, if any, or the stock registration books, if:

      (a) The guardian’s records and all reports or accounts rendered by the guardian clearly show the ownership of the stock by the estate of the protected person and the facts regarding its holding; and

      (b) The nominee deposits with the guardian a signed statement showing ownership of the stock by the estate of the protected person, endorses any stock certificate in blank and does not have possession of the stock certificate or access to the certificate except under the immediate supervision of the guardian.

      3.  The guardian is personally liable for any loss to the estate of the protected person resulting from any act of the nominee in connection with stock held pursuant to subsection 2.

      (Added to NRS by 1969, 420; A 1987, 586)

      NRS 159.103  Claims against estate of protected person.  A guardian of the estate shall pay from the guardianship estate pursuant to NRS 159.105, 159.107 and 159.109 all just claims against the protected person, the estate or the guardian as such, whether accruing before or after the appointment of the guardian and whether arising in contract, in tort or otherwise.

      (Added to NRS by 1969, 420)

      NRS 159.105  Payment of claims of guardian and claims arising from contracts of guardian; report of claims and payment.

      1.  A guardian of the estate may pay from the guardianship estate the following claims without complying with the provisions of this section and NRS 159.107 and 159.109:

      (a) The guardian’s claims against the protected person or the estate; and

      (b) Any claims accruing after the appointment of the guardian which arise from contracts entered into by the guardian on behalf of the protected person.

      2.  The guardian shall report all claims and the payment of claims made pursuant to subsection 1 in the account that the guardian makes and files in the guardianship proceeding following each payment.

      (Added to NRS by 1969, 420; A 2003, 1789; 2017, 3912)

      NRS 159.107  Presentment and verification of claims.  Except as provided in NRS 159.105, all claims against the protected person, the guardianship estate or the guardian of the estate as such shall be presented to the guardian of the estate. Each such claim shall be in writing, shall describe the nature and the amount of the claim, if ascertainable, and shall be accompanied by the affidavit of the claimant, or someone on behalf of the claimant, who has personal knowledge of the fact. The affidavit shall state that within the knowledge of the affiant the amount claimed is justly due, no payments have been made thereon which are not credited and there is no counterclaim thereto, except as stated in the affidavit. If such claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the guardian or the court, upon demand, unless it is lost or destroyed, in which case the fact of its loss or destruction shall be stated in the claim.

      (Added to NRS by 1969, 421)

      NRS 159.109  Examination and allowance or rejection of claims by guardian.

      1.  A guardian of the estate shall examine each claim presented to the guardian for payment. If the guardian is satisfied that the claim is appropriate and just, the guardian shall:

      (a) Endorse upon the claim the words “examined and allowed” and the date;

      (b) Officially subscribe the notation; and

      (c) Pay the claim from the guardianship estate.

      2.  If the guardian is not satisfied that the claim is just, the guardian shall:

      (a) Endorse upon the claim the words “examined and rejected” and the date;

      (b) Officially subscribe the notation; and

      (c) Not later than 60 days after the date the claim was presented to the guardian, notify the claimant by personal service or by mailing a notice by registered or certified mail that the claim was rejected.

      (Added to NRS by 1969, 421; A 2003, 1790)

      NRS 159.111  Recourse of claimant when claim rejected or not acted upon.

      1.  If, not later than 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may:

      (a) File a petition for approval of the rejected claim in the guardianship proceeding for summary determination by the court; or

      (b) Commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity and any judgment or decree obtained must be satisfied only from property of the protected person.

      2.  If a claimant files a request for approval of a rejected claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice that he or she has filed such a request on the guardian.

      3.  Not later than 20 days after the date of service, the guardian may serve notice of objection to summary determination on the claimant. If the guardian serves the claimant with notice and files a copy of the notice with the court, the court shall not enter a summary determination and the claimant may commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity as provided in subsection 1.

      4.  If the guardian fails to serve the claimant with notice of objection to summary determination or file a copy of the notice with the court, the court shall:

      (a) Hear the matter and determine the claim or like claim in a summary manner; and

      (b) Enter an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from the order.

      (Added to NRS by 1969, 421; A 2003, 1790)

      NRS 159.112  Authorized actions by guardian of the person if guardian of the estate has not been appointed; payment of excess money to appointed guardian of the estate; certain compensation authorized.

      1.  If a guardian of the estate has not been appointed, a guardian of the person may:

      (a) Institute proceedings to compel any person under a duty to support the protected person or to pay for the welfare of the protected person to perform that duty; and

      (b) Receive money and tangible property deliverable to the protected person and apply such money and property for the support, care and education of the protected person. The guardian shall not use any money from the estate of the protected person to cover the cost of any room and board that the guardian or the spouse, parent or child of the guardian furnishes to the protected person unless a charge for the service is approved by a court order, after notice to at least one adult relative in the nearest degree of consanguinity to the protected person in which there is an adult. The guardian shall exercise care to conserve any excess money for the needs of the protected person.

      2.  If a guardian of the estate has been appointed, any money received by the guardian of the person that is in excess of the money expended to pay for the support, care and education of the protected person must be paid to the guardian of the estate for management of the estate. The guardian of the person shall account to the guardian of the estate for any money expended.

      3.  A guardian of the person of a protected person for whom a guardian of the estate also has been appointed may receive reasonable sums for any room and board furnished to the protected person if the guardian of the person presents a claim to the guardian of the estate pursuant to NRS 159.107 and 159.109.

      4.  A guardian of the person may request the guardian of the estate to make a payment from the estate of the protected person to another person or entity for the care and maintenance of the protected person in accordance with NRS 159.107 and 159.109.

      (Added to NRS by 2017, 2551)

MANAGEMENT OF ESTATE

      NRS 159.113  Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition.

      1.  Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to:

      (a) Invest the property of the protected person pursuant to NRS 159.117.

      (b) Continue the business of the protected person pursuant to NRS 159.119.

      (c) Borrow money for the protected person pursuant to NRS 159.121.

      (d) Except as otherwise provided in NRS 159.079, enter into contracts for the protected person or complete the performance of contracts of the protected person pursuant to NRS 159.123.

      (e) Make gifts from the estate of the protected person or make expenditures for the relatives of the protected person pursuant to NRS 159.125.

      (f) Sell, lease or place in trust any property of the protected person pursuant to NRS 159.127.

      (g) Exchange or partition the property of the protected person pursuant to NRS 159.175.

      (h) Release the power of the protected person as trustee, personal representative or custodian for a minor or guardian.

      (i) Exercise or release the power of the protected person as a donee of a power of appointment.

      (j) Exercise the right of the protected person to take under or against a will.

      (k) Transfer to a trust created by the protected person any property unintentionally omitted from the trust.

      (l) Submit a revocable trust or an irrevocable trust to the jurisdiction of the court if:

             (1) The protected person or the spouse of the protected person, or both, are the grantors and sole beneficiaries of the income of the trust; or

             (2) The trust was created by the court.

      (m) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the protected person.

      2.  Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:

      (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the property of the protected person.

      (b) Take any other action which the guardian deems would be in the best interests of the protected person.

      3.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the protected person.

      (b) A concise statement as to the condition of the estate of the protected person.

      (c) A concise statement as to the advantage to the protected person of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      4.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      5.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the protected person, enter contracts for the protected person or complete contracts of the protected person.

      (Added to NRS by 1969, 421; A 1979, 589; 2003, 1791; 2007, 2033, 2396; 2009, 1657, 2523; 2013, 918; 2017, 882, 1236)

      NRS 159.115  Notice of hearing of petition or account.

      1.  Except as otherwise ordered by the court, upon the filing of any petition under NRS 159.078 or 159.113, or any account, notice must be given to the protected person and the persons specified in NRS 159.034 in the manner prescribed by that section.

      2.  The notice must:

      (a) Give the name of the protected person.

      (b) Give the name of the petitioner.

      (c) Give the date, time and place of the hearing.

      (d) State the nature of the petition.

      (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.

      (Added to NRS by 1969, 422; A 1979, 789; 1995, 1077; 2003, 1791; 2007, 2397; 2009, 1659; 2013, 920; 2017, 3912)

      NRS 159.117  Court approval required to make certain investments and loans and to exercise certain options; certain investments authorized without prior approval; investing property of two or more protected persons.

      1.  Upon approval of the court by order, a guardian of the estate may:

      (a) Invest the property of the protected person, make loans and accept security therefor, in the manner and to the extent authorized by the court.

      (b) Exercise options of the protected person to purchase or exchange securities or other property.

      2.  A guardian of the estate may, without securing the prior approval of the court, invest the property of the protected person in the following:

      (a) Savings accounts in any bank, credit union, savings and loan association or savings bank in this State, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      (b) Interest-bearing obligations of or fully guaranteed by the United States.

      (c) Interest-bearing obligations of the United States Postal Service.

      (d) Interest-bearing obligations of the Federal National Mortgage Association.

      (e) Interest-bearing general obligations of this State.

      (f) Interest-bearing general obligations of any county, city or school district of this State.

      (g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.

      3.  A guardian of the estate for two or more protected persons may invest the property of two or more of the protected persons in property in which each protected person whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each protected person in the investment and in the income, profits or proceeds therefrom. As used in this subsection, “protected person” includes a protected minor.

      4.  Upon approval of the court, for a period authorized by the court, a guardian of the estate may maintain the assets of the protected person in the manner in which the protected person had invested the assets before the incapacity of the protected person.

      5.  A guardian of the estate may access or manage a guardianship account via the Internet on a secured website established by the bank, credit union or broker holding the account.

      (Added to NRS by 1969, 423; A 1971, 268; 1979, 590; 1993, 2771; 1995, 892; 1999, 1458; 2003, 1792; 2009, 1660; 2017, 883)

      NRS 159.119  Continuing business of protected person.  A guardian of the estate, with prior approval of the court by order, may continue any business of the protected person. The order may provide for any one or more of the following:

      1.  The conduct or reorganization of the business solely by the guardian, jointly by the guardian with one or more of the partners, shareholders, members, or joint venturers of the protected person or as a corporation or limited-liability company of which the protected person is or becomes a shareholder or member.

      2.  The extent to which the guardian may incur liability of the estate of the protected person for obligations arising from the continuation of the business.

      3.  Whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate of the protected person allocated for use in the business or to the estate as a whole.

      4.  The period of time during which the business may be conducted.

      5.  Any other conditions, restrictions, regulations and requirements as the court considers proper.

      (Added to NRS by 1969, 423; A 2003, 1793)

      NRS 159.121  Borrowing money for protected person.

      1.  A guardian of the estate, with prior approval of the court by order, may borrow money for the account of the protected person when necessary:

      (a) To continue any business of the protected person.

      (b) To pay claims against the protected person, the guardianship estate or the guardian of the estate as such.

      (c) To provide for the proper care, maintenance, education and support of the protected person and any person to whom the protected person owes a legal duty of support.

      (d) For any other purpose that is in the best interests of the protected person.

      2.  If the court determines that the borrowing is necessary or proper, the court shall make an order approving the borrowing and may authorize one or more separate loans. The order shall prescribe the maximum amount of each loan, the maximum rate of interest and the date of final maturity of each loan, and may authorize the guardian to secure any loan by mortgage, deed of trust, pledge or other security transaction authorized by the laws of this state. The order shall describe the property, if any, to be given as security for each loan.

      (Added to NRS by 1969, 423)

      NRS 159.123  Contracts of protected person.  If a protected person for whom a guardian of the estate is appointed was, at the time of the appointment, a party to a contract which has not been fully performed, and which was made by the protected person while not under any legal disability, the guardian of the estate, with prior approval of the court by order, may complete the performance of such contract. If such contract requires the conveyance of any real or personal property, or any interest in such property, the court may authorize the guardian to convey the interest and estate of the protected person in the property, and the effect of such conveyance shall be the same as though made by the protected person while not under legal disability. If the contract requires a sale, no notice of sale is required under this section unless otherwise ordered by the court.

      (Added to NRS by 1969, 424; A 2009, 1660)

      NRS 159.125  Gifts from estate of protected person; expenditures for relatives of protected person.

      1.  A guardian of the estate, with prior approval of the court by order, may, from the estate of the protected person which is not necessary for the proper care, maintenance, education and support of the protected person and of persons to whom the protected person owes a legal duty of support:

      (a) Make reasonable gifts directly, or into a trust, on behalf of the protected person.

      (b) Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the protected person by blood, adoption or marriage.

      (c) Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the protected person by blood, adoption or marriage.

      2.  Any petition filed by a guardian pursuant to this section must state whether:

      (a) The purpose of the guardian in seeking approval to make the gift, payment or contribution is to dispose of assets to make the protected person eligible for Medicaid; and

      (b) Making the gift, payment or contribution will cause the protected person to become eligible for Medicaid.

      (Added to NRS by 1969, 424; A 1979, 591; 2003, 1793)

TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY

General Provisions

      NRS 159.127  Purposes for which property of protected person may be sold, leased or placed in trust.  A guardian of the estate, with prior approval of the court by order, may sell, lease or place in trust any of the property of the protected person:

      1.  For the purpose of paying claims against the protected person, the guardianship estate or the guardian of the estate.

      2.  For the purpose of providing for the proper care, maintenance, education and support of the protected person and any person to whom the protected person owes a legal duty of support.

      3.  For the purpose of investing the proceeds.

      4.  To obtain income through rentals or royalties.

      5.  For any other purpose that is in the best interests of the protected person.

      (Added to NRS by 1969, 424; A 1979, 591)

      NRS 159.132  Property of protected person subject to sale.

      1.  Any interest of a protected person in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.

      2.  The interest of a protected person in a partnership or limited-liability company may be sold as personal property, and another partner or member may be the purchaser.

      (Added to NRS by 1979, 788; A 2003, 1794)

Sale of Real Property

      NRS 159.134  Selling real property of protected person.

      1.  All sales of real property of a protected person must be confirmed by the court pursuant to NRS 159.146 before escrow closes for the sale and title to the real property passes to the purchaser.

      2.  A petition for confirmation of the sale must be filed with the court not later than 30 days after the date of the sale, which is the date on which the contract for the sale was signed.

      3.  The court shall set the date of the hearing for confirmation of the sale and give notice of the hearing in the manner required pursuant to NRS 159.115 or as the court may order.

      4.  An interested person may file written objections to the confirmation of the sale before the hearing for confirmation of the sale. If such objections are filed, the court shall conduct a hearing regarding those objections during which the interested person may offer witnesses in support of the objections. The court may, in its discretion, allow oral objections to the confirmation of the sale on the date of the hearing for confirmation of the sale.

      5.  Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to NRS 159.1425 and 159.144, unless the sale was exempt from notice pursuant to NRS 159.123.

      (Added to NRS by 1979, 788; A 2003, 1794; 2009, 1660; 2017, 3912)

      NRS 159.136  Order requiring guardian to sell real property of estate.  If the guardian neglects or refuses to sell any real property of the estate when it is necessary or in the best interests of the protected person, an interested person may petition the court for an order requiring the guardian to sell the property. The court shall set the petition for a hearing, and the petitioner shall serve notice on the guardian at least 10 days before the hearing.

      (Added to NRS by 2003, 1759)

      NRS 159.1365  Application of money from sale of real property of protected person that is subject to mortgage or other lien.  If real property of the estate of a protected person is sold that is subject to a mortgage or other lien which is a valid claim against the estate, the money from the sale must be applied in the following order:

      1.  To pay the necessary expenses of the sale.

      2.  To satisfy the mortgage or other lien, including, without limitation, payment of interest and any other lawful costs and charges. If the mortgagee or other lienholder cannot be found, the money from the sale may be paid as ordered by the court and the mortgage or other lien shall be deemed to be satisfied.

      3.  To the estate of the protected person, unless the court orders otherwise.

      (Added to NRS by 2003, 1760)

      NRS 159.1375  Sale of real property of protected person to holder of mortgage or lien on such property.  At a sale of real property that is subject to a mortgage or lien, the holder of the mortgage or lien may become the purchaser. The receipt for the amount owed to the holder from the proceeds of the sale is a payment pro tanto.

      (Added to NRS by 2003, 1760)

      NRS 159.138  Sale of equity of estate in real property of protected person that is subject to mortgage or lien and of property that is subject to mortgage or lien.

      1.  In the manner required by this chapter for the sale of like property, a guardian may sell:

      (a) The equity of the estate in any real property that is subject to a mortgage or lien; and

      (b) The property that is subject to the mortgage or lien.

      2.  If a claim has been filed upon the debt secured by the mortgage or lien, the court shall not confirm the sale unless the holder of the claim files a signed and acknowledged document which releases the estate from all liability upon the claim.

      (Added to NRS by 2003, 1760)

      NRS 159.1385  Contract for sale of real property of protected person authorized; limitation on commission; liability of guardian and estate.

      1.  After the court has granted authority to sell real property of a protected person, a guardian may enter into a written contract with any bona fide agent, broker or multiple agents or brokers to secure a purchaser for such property. Such a contract may grant an exclusive right to sell the property to the agent, broker or multiple agents or brokers.

      2.  The guardian shall provide for the payment of a commission upon the sale of the real property which:

      (a) Must be paid from the proceeds of the sale;

      (b) Must be fixed in an amount not to exceed:

             (1) Ten percent for unimproved real property; or

             (2) Seven percent for real property with any type of improvement; and

      (c) Must be authorized by the court by confirmation of the sale.

      3.  Upon confirmation of the sale by the court, the contract for the sale becomes binding and enforceable against the estate.

      4.  A guardian may not be held personally liable and the estate is not liable for the payment of any commission set forth in a contract entered into with an agent or broker pursuant to this section until the sale is confirmed by the court, and then is liable only for the amount set forth in the contract.

      (Added to NRS by 2003, 1760; A 2017, 3913)

      NRS 159.1415  Presentation of offer to purchase real property to court for confirmation; division of commission for sale of such property.

      1.  Except as otherwise provided in subsection 10 of NRS 159.146, if a contract of sale to purchase real property of a guardianship estate is presented to the court for confirmation:

      (a) Other persons may submit higher bids in open court; and

      (b) The court may confirm the highest bid.

      2.  Upon confirmation of a sale of real property by the court, the commission for the sale must be divided between the listing agent or broker and the agent or broker who secured the purchaser to whom the sale was confirmed, if any, in accordance with the contract with the listing agent or broker.

      (Added to NRS by 2003, 1760; A 2017, 3913)

      NRS 159.142  Sale of interest of protected person in real property owned jointly with one or more persons.

      1.  If a protected person owns real property jointly with one or more other persons, after the court grants authority to sell the property, the interest owned by the protected person may be sold to one or more joint owners of the property only if:

      (a) All joint owners of the property have been given notice that the court has granted the authority to sell the property;

      (b) The guardian files a petition with the court to confirm the sale pursuant to NRS 159.134; and

      (c) The court confirms the sale.

      2.  The court shall confirm the sale only if:

      (a) The net amount of the proceeds from the sale to the estate of the protected person is not less than 90 percent of the fair market value of the portion of the property to be sold; and

      (b) Upon confirmation, the estate of the protected person will be released from all liability for any mortgage or lien on the property.

      (Added to NRS by 2003, 1761; A 2017, 3914)

      NRS 159.1425  Notice of sale of real property of protected person: When required; manner of providing; waiver; content.

      1.  Except as otherwise provided in this section and except for a sale pursuant to NRS 159.123 or 159.142, a guardian may sell the real property of a protected person only after the court grants authority for the sale pursuant to NRS 159.113 and notice of the sale is published:

      (a) In a newspaper that is published in the county in which the property, or some portion of the property, is located;

      (b) If a newspaper is not published in the county in which the property, or some portion of the property, is located:

             (1) In a newspaper of general circulation in the county; or

             (2) In such other newspaper as the court orders; or

      (c) On a public property listing service for a period of not less than 30 days.

      2.  Except as otherwise provided in this section and except for a sale of real property pursuant to NRS 159.123 or 159.142, the notice of a sale must be published pursuant to paragraph (a) or (b) of subsection 1 not less than three times before the date on which the sale may be made, over a period of 14 days and 7 days apart.

      3.  For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

      4.  The court may waive the requirement of publication pursuant to this section if:

      (a) The guardian is the sole devisee or heir of the estate; or

      (b) All devisees or heirs of the estate consent to the waiver in writing.

      5.  Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a net value of $10,000 or less. In lieu of publication, the guardian shall post notice of the sale in three of the most public places in the county in which the property, or some portion of the property, is located for at least 14 days before the date on or after which an offer will be accepted for a sale.

      6.  Any notice published or posted pursuant to this section must include, without limitation:

      (a) A description of the real property which reasonably identifies the property to be sold; and

      (b) The date, time and location on or after which an offer will be accepted.

      (Added to NRS by 2003, 1761; A 2009, 1661; 2017, 3914)

      NRS 159.1435  Public auction for sale of real property: Where held; postponement.  Repealed. (See chapter 552, Statutes of Nevada 2017, at page 3925.)

 

      NRS 159.144  Sale of real property of guardianship estate: Requirements for establishing date; manner of making offers.

      1.  Except for the sale of real property pursuant to NRS 159.123 or 159.142, a sale of real property of a guardianship estate:

      (a) Must not occur before the date stated in the notice.

      (b) Except as otherwise provided in this paragraph, must not occur sooner than 14 days after the date of the first publication or posting of the notice. For good cause shown, the court may shorten the time in which the sale may occur to not sooner than 8 days after the date of the first publication or posting of the notice. If the court so orders, the notice of the sale and the sale may be made to correspond with the court order.

      (c) Must occur not later than 1 year after the date stated in the notice.

      2.  The offers made in a sale:

      (a) Must be in writing; and

      (b) May be delivered to the place designated in the notice or to the guardian at any time after the date of the first publication or posting of the notice.

      (Added to NRS by 2003, 1762; A 2009, 1662; 2017, 3915)

      NRS 159.1455  Confirmation by court of sale of real property of guardianship estate.

      1.  Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate unless:

      (a) The court is satisfied that the amount offered represents the fair market value of the property to be sold; and

      (b) Except for a sale of real property pursuant to NRS 159.123, the real property has been appraised within 1 year before the date of the sale. If the real property has not been appraised within this period, a new appraisal must be conducted pursuant to NRS 159.086 and 159.0865 at any time before the sale or confirmation by the court of the sale.

      2.  The court may waive the requirement of an appraisal upon a showing to and specific findings by the court on the record that:

      (a) An additional appraisal will unduly delay the sale; and

      (b) The delay will impair the estate of the protected person.

      (Added to NRS by 2003, 1762; A 2009, 1662; 2017, 3915)

      NRS 159.146  Hearing to confirm sale of real property: Considerations; conditions for confirmation; actions of court if sale is not confirmed; continuance; circumstances in which sale is confirmed without bidding.

      1.  At the hearing to confirm the sale of real property, the court shall:

      (a) Consider whether the sale is necessary or in the best interest of the estate of the protected person; and

      (b) Examine the return on the investment and the evidence submitted in relation to the sale.

      2.  The court shall confirm the sale and order conveyances to be executed if it appears to the court that:

      (a) Good reason existed for the sale;

      (b) The sale was conducted in a legal and fair manner;

      (c) The amount of the offer is not disproportionate to the value of the property; and

      (d) It is unlikely that a bid would be made which exceeds the original offer:

             (1) By at least 5 percent if the offer is less than $100,000; or

             (2) By at least $5,000 if the offer is $100,000 or more.

      3.  The court shall not confirm the sale if the conditions in this section are not satisfied.

      4.  If the court does not confirm the sale, the court:

      (a) May order a new sale; or

      (b) May conduct a public auction in open court.

      5.  If the court orders a new sale:

      (a) Notice must be given in the manner set forth in NRS 159.1425; and

      (b) The sale must be conducted in all other respects as though no previous sale has taken place.

      6.  If a higher offer is received by the court during the hearing to confirm the sale, the court may continue the hearing if the court determines that the person who made the offer being confirmed was not notified of the hearing and may wish to increase the price of his or her offer. This subsection does not grant a right to a person to have a continuance granted and may not be used as a ground to set aside an order confirming a sale.

      7.  Except as otherwise provided in this section, only the name of the buyer and the price of the sale may be changed at a public auction in open court. An order confirming the sale is sufficient as an addendum to the original contract to allow escrow to close.

      8.  The title company may be changed at a public auction in open court if the estate and the buyer have mutually agreed to the change in writing.

      9.  The date of the close of escrow must be at least 10 judicial days after the date that the notice of the entry of order confirming the sale is filed with the clerk of the court unless the contract specifies a later date. The parties to the sale may extend the date of the close of escrow by mutual agreement in writing.

      10.  If the estate owes more than the value of the property and the estate has made an agreement with all lienholders to accept the sale price and waive any deficiency between the sale price and the amount owed to all lienholders, the sale must be confirmed without the potential for bidding in court. All other portions of the confirmation of sale must be adhered to. The valuation by the bank shall be deemed to be sufficient to meet the appraisal requirement for the sale, and the date of the sale is the date on which the bank approves the sale.

      (Added to NRS by 2003, 1762; A 2013, 921; 2017, 3916)

      NRS 159.1465  Conveyance of real property of guardianship estate to purchaser upon confirmation of sale by court.

      1.  If the court confirms a sale of real property of a guardianship estate, the guardian shall execute a conveyance of the property to the purchaser.

      2.  The conveyance must include a reference to the court order confirming the sale, and a certified copy of the court order must be recorded in the office of the recorder of the county in which the property, or any portion of the property, is located.

      3.  A conveyance conveys all the right, title and interest of the protected person in the property on the date of the sale, and if, before the date of the sale, by operation of law or otherwise, the protected person has acquired any right, title or interest in the property other than or in addition to that of the protected person at the time of the sale, that right, title or interest also passes by the conveyance.

      (Added to NRS by 2003, 1763)

      NRS 159.1475  Sale of real property made upon credit.

      1.  If a sale of real property is made upon credit, the guardian shall take:

      (a) The note or notes of the purchaser for the unpaid portion of the sale; and

      (b) A mortgage on the property to secure the payment of the notes.

      2.  The mortgage may contain a provision for release of any part of the property if the court approves the provision.

      (Added to NRS by 2003, 1763)

      NRS 159.148  Neglect or refusal of purchaser of real property to comply with terms of sale.

      1.  After confirmation of the sale of real property, if the purchaser neglects or refuses to comply with the terms of the sale, the court may set aside the order of confirmation and order the property to be resold:

      (a) On motion of the guardian; and

      (b) After notice is given to the purchaser.

      2.  If the amount realized on the resale of the property is insufficient to cover the bid and the expenses of the previous sale, the original purchaser is liable to the estate of the protected person for the deficiency.

      (Added to NRS by 2003, 1763)

      NRS 159.1495  Fraudulent sale of real property of protected person by guardian.  A guardian who fraudulently sells any real property of a protected person in a manner inconsistent with the provisions of this chapter is liable for double the value of the property sold, as liquidated damages, to be recovered in an action by or on behalf of the protected person.

      (Added to NRS by 2003, 1764)

      NRS 159.1505  Periods of limitation for actions to recover or set aside sale of real property.  The periods of limitation prescribed in NRS 11.260 apply to all actions:

      1.  For the recovery of real property sold by a guardian in accordance with the provisions of this chapter; and

      2.  To set aside a sale of real property.

      (Added to NRS by 2003, 1764)

Sale of Personal Property

      NRS 159.1515  Sale of certain personal property of protected person by guardian; destruction of certain personal property of protected person without notice.

      1.  Except as otherwise provided in subsection 2, a guardian may sell or dispose of personal property of the protected person that has a total value of less than $10,000 if:

      (a) A notice of intent to sell or dispose of the property is mailed by certified mail or delivered personally to the protected person, his or her attorney and the persons specified in NRS 159.034; and

      (b) No objection to the sale or disposal is made within 15 days after such notice is received.

      2.  A guardian may authorize the immediate destruction of the personal property of a protected person without notice if:

      (a) The guardian determines that the property has been contaminated by vermin or biological or chemical agents;

      (b) The expenses related to the decontamination of the property cause salvage to be impractical;

      (c) The property constitutes an immediate threat to public health or safety;

      (d) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination; and

      (e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.

      (Added to NRS by 2003, 1764; A 2017, 3917)

      NRS 159.152  Sale of security of protected person by guardian.  A guardian may sell any security of the protected person if:

      1.  The guardian petitions the court for confirmation of the sale;

      2.  The clerk sets the date of the hearing;

      3.  The guardian gives notice in the manner required pursuant to NRS 159.034 unless, for good cause shown, the court shortens the period within which notice must be given or dispenses with notice; and

      4.  The court confirms the sale.

      (Added to NRS by 2003, 1764)

      NRS 159.1535  Notice of sale of personal property of protected person: When required; manner of providing content.

      1.  Except as otherwise provided in this section and NRS 159.1515 and 159.152, a guardian may sell the personal property of the protected person only after notice of the sale is:

      (a) Given to the:

             (1) Protected person; and

             (2) Spouse of the protected person and all other known relatives of the protected person who are within the second degree of consanguinity; and

      (b) Published in:

             (1) A newspaper that is published in the county in which the property, or some portion of the property, is located; or

             (2) If a newspaper is not published in the county in which the property, or some portion of the property, is located:

                   (I) In a newspaper of general circulation in the county; or

                   (II) In such other newspaper as the court orders.

      2.  Except as otherwise provided in this section, the notice of a sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.

      3.  For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

      4.  The notice must include, without limitation:

      (a) For a sale other than a sale described in paragraph (b):

             (1) A description of the personal property to be sold; and

             (2) The date, time and location that offers will be received.

      (b) For a sale on an appropriate auction website on the Internet:

             (1) A description of the personal property to be sold;

             (2) The date the personal property will be listed; and

             (3) The Internet address of the website on which the sale will be posted.

      5.  Notice of a sale is not required to be published pursuant to this section if the gross value of the estate of the protected person is less than $10,000.

      (Added to NRS by 2003, 1764; A 2009, 1663; 2017, 3917)

      NRS 159.154  Place and manner of sale of personal property of protected person; report by guardian; first right of refusal of family members.

      1.  The guardian may sell the personal property of a protected person at:

      (a) The residence of the protected person; or

      (b) Any other location designated by the guardian.

      2.  The guardian may sell the personal property only if the property is made available for inspection at the time of the sale or photographs of the personal property are posted on an appropriate auction website on the Internet.

      3.  Personal property may be sold for cash or upon credit.

      4.  Except as otherwise provided in NRS 159.1515, a sale or disposition of any personal property of the protected person must not be commenced until 30 days after an inventory of the property is filed with the court and a copy thereof is sent by regular mail to the persons specified in NRS 159.034. An affidavit of mailing must be filed with the court.

      5.  The guardian is responsible for the actual value of the personal property unless the guardian makes a report to the court, not later than 90 days after the conclusion of the sale, showing that good cause existed for the sale and that the property was sold for a price that was not disproportionate to the value of the property.

      6.  The family members of the protected person and any interested persons must be offered the first right of refusal to acquire the personal property of the protected person at fair market value.

      (Added to NRS by 2003, 1765; A 2009, 1663; 2017, 3918)

      NRS 159.156  Sale of interest in partnership, interest in personal property pledged to protected person and choses in action of estate of protected person.  The following interests of the estate of the protected person may be sold in the same manner as other personal property:

      1.  An interest in a partnership;

      2.  An interest in personal property that has been pledged to the protected person; and

      3.  Choses in action.

      (Added to NRS by 2003, 1765)

Lease of Property

      NRS 159.157  Lease of property of protected person.  A guardian of the estate may lease any real property of the protected person or any interest in real property:

      1.  Without securing prior court approval, where the tenancy is from month to month or for a term not to exceed 1 year and the reasonable fixed rental for the property or the proportionate interest of the protected person in such rental does not exceed $250 per month.

      2.  With prior approval of the court by order, for such period of time as may be authorized by the court, not exceeding any time limitation prescribed by law, and upon such terms and conditions as the court may approve.

      (Added to NRS by 1969, 428; A 2017, 884)

      NRS 159.159  Contract with broker to secure lessee.  The court may authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a lessee of the property of the protected person, which contract may provide for the payment of a commission, not exceeding 5 percent of the fixed rental for the first 2 years, to be paid out of the proceeds of any such lease.

      (Added to NRS by 1969, 428)

      NRS 159.161  Petition for approval of lease: Content; conditions for approval.

      1.  Petitions to secure court approval of any lease:

      (a) Must include the parcel number assigned to the property to be leased and the physical address of the property, if any; and

      (b) Must set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.

      2.  Upon the hearing of a petition pursuant to subsection 1, if the court is satisfied that the lease is for the best interests of the protected person and the estate of the protected person, the court shall enter an order authorizing the guardian to enter into the lease.

      (Added to NRS by 1969, 428; A 2003, 1794)

      NRS 159.163  Agreement for rental or bailment of personal property.  A guardian of the estate, with prior approval of the court by order, may enter into agreements providing for the rental or bailment of the personal property of the protected person. All proceedings to obtain such a court order shall be the same as required for the lease of real property.

      (Added to NRS by 1969, 428)

      NRS 159.165  Lease of mining claim or mineral rights; option to purchase.

      1.  If the property to be leased consists of mining claims, an interest in the mining claims, property worked as a mine or lands containing oil, gas, steam, gravel or any minerals, the court may authorize the guardian to enter into a lease which provides for payment by the lessee of a royalty, in money or in kind, in lieu of a fixed rental. The court may also authorize the guardian to enter into a lease which provides for a pooling agreement or authorizes the lessee to enter into pooling or other cooperative agreements with lessees, operators or owners of other lands and minerals for the purpose of bringing about the cooperative development and operation of any mine, oil field or other unit of which the property of the protected person is a part.

      2.  If the proposed lease contains an option to purchase, and the property to be sold under the option consists of mining claims, property worked as a mine, or interests in oil, gas, steam, gravel or any mineral, which has a speculative or undefined market value, the court may authorize the guardian to enter into such a lease and sales agreement or give an option to purchase without requiring the property to be sold at public auction or by private sale in the manner required by this chapter for sales of other real property.

      3.  If the petition filed pursuant to this section requests authority to enter into a lease with an option to purchase, in addition to the notice required by NRS 159.034, the guardian shall publish a copy of the notice at least twice, the first publication to be at least 10 days prior to the date set for the hearing and the second publication to be not earlier than 7 days after the date of the first publication. The notice must be published in:

      (a) A newspaper that is published in the county where the property is located; or

      (b) If no newspaper is published in the county where the property is located, a newspaper of general circulation in that county which is designated by the court.

      (Added to NRS by 1969, 429; A 2003, 1794)

Agreement to Sell or Give Option to Purchase Mining Claim

      NRS 159.1653  Petition to enter into agreement; setting date of hearing; notice.

      1.  To enter into an agreement to sell or to give an option to purchase a mining claim or real property worked as a mine which belongs to the estate of the protected person, the guardian or an interested person shall file a petition with the court that:

      (a) Describes the property or claim;

      (b) States the terms and general conditions of the agreement;

      (c) Shows any advantage that may accrue to the estate of the protected person from entering into the agreement; and

      (d) Requests confirmation by the court of the agreement.

      2.  The court shall set the date of the hearing on the petition.

      3.  The petitioner shall give notice in the manner provided in NRS 159.034.

      (Added to NRS by 2003, 1765)

      NRS 159.1657  Hearing on petition; court order; recording of court order.

      1.  At the time appointed and if the court finds that due notice of the hearing concerning an agreement has been given, the court shall hear a petition filed pursuant to NRS 159.1653 and any objection to the petition that is filed or presented.

      2.  After the hearing, if the court is satisfied that the agreement will be to the advantage of the estate of the protected person, the court:

      (a) Shall order the guardian to enter into the agreement; and

      (b) May prescribe in the order the terms and conditions of the agreement.

      3.  A certified copy of the court order must be recorded in the office of the county recorder of each county in which the property affected by the agreement, or any portion of the property, is located.

      (Added to NRS by 2003, 1765)

      NRS 159.166  Bond and actions required upon court order to enter into agreement.

      1.  If the court orders the guardian to enter into the agreement pursuant to NRS 159.1657, the court shall order the guardian to provide an additional bond and specify the amount of the bond in the court order.

      2.  The guardian is not entitled to receive any of the proceeds from the agreement until the guardian provides the bond and the court approves the bond.

      3.  When the court order is entered, the guardian shall execute, acknowledge and deliver an agreement which:

      (a) Contains the conditions specified in the court order;

      (b) States that the agreement or option is approved by court order; and

      (c) Provides the date of the court order.

      (Added to NRS by 2003, 1765)

      NRS 159.1663  Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement.

      1.  If the purchaser or option holder neglects or refuses to comply with the terms of the agreement approved by the court pursuant to NRS 159.1657, the guardian may petition the court to cancel the agreement. The court shall cancel the agreement after notice is given to the purchaser or option holder.

      2.  The cancellation of an agreement pursuant to this section does not affect any liability created by the agreement.

      (Added to NRS by 2003, 1766)

      NRS 159.1667  Petition for confirmation of proceedings concerning agreement: When required; notice; hearing.

      1.  If the purchaser or option holder complies with the terms of an agreement approved by the court pursuant to NRS 159.1657 and has made all payments according to the terms of the agreement, the guardian shall:

      (a) Make a return to the court of the proceedings; and

      (b) Petition the court for confirmation of the proceedings.

      2.  Notice must be given to the purchaser or option holder regarding the petition for confirmation.

      3.  The court:

      (a) Shall hold a hearing regarding the petition for confirmation; and

      (b) May order or deny confirmation of the proceedings and execution of the conveyances in the same manner and with the same effect as when the court orders or denies a confirmation of a sale of real property.

      (Added to NRS by 2003, 1766)

Miscellaneous Provisions

      NRS 159.167  Special sale of property of protected person or surrender of interest therein.

      1.  A guardian of the estate, with prior approval of the court, may accept an offer for the purchase of the interest or estate of the protected person, in real or personal property or both real and personal property, where it appears from the petition and the court determines that:

      (a) The interest or estate of the protected person in such property is an interest in a partnership, joint venture or closely held corporation, in which the offeror or offerors own the remaining interests in the partnership, joint venture or closely held corporation, or are offering to purchase such remaining interests.

      (b) The interest or estate of the protected person in such property is an undivided interest in property in which the offeror or offerors own the remaining interests in such property or are offering to purchase such remaining interests.

      (c) The interest or estate of the protected person to be sold or granted is an easement in or creates a servitude upon the property of the protected person.

      2.  A guardian of the estate, with prior approval of the court, may accept an offer to surrender the interest or estate of the protected person in real or personal property or both real and personal property, where it appears from the petition and the court determines that:

      (a) The interest or estate of the protected person is contingent or dubious.

      (b) The interest or estate of the protected person in such property is a servitude upon the property of another.

      (Added to NRS by 1969, 429)

      NRS 159.169  Advice, instructions and approval of acts of guardian.

      1.  A guardian of the estate may petition the court for advice and instructions in any matter concerning:

      (a) The administration of the estate of the protected person;

      (b) The priority of paying claims;

      (c) The propriety of making any proposed disbursement of funds;

      (d) Elections for or on behalf of the protected person to take under the will of a deceased spouse;

      (e) Exercising for or on behalf of the protected person:

             (1) Any options or other rights under any policy of insurance or annuity; and

             (2) The right to take under a will, trust or other devise;

      (f) The propriety of exercising any right exercisable by owners of property; and

      (g) Matters of a similar nature.

      2.  Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 is binding upon the protected person or those claiming through the protected person, and the guardian is not personally liable for performing any such act.

      3.  If any interested person may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to that interested person, to be served upon the person at least 20 days before the hearing on the petition. The citation must be served in the same manner that summons is served in a civil action and must direct the interested person to appear and show cause why the proposed act of the guardian should not be authorized or approved. All interested persons so served are bound by the order of the court which is final and conclusive, subject to any right of appeal.

      (Added to NRS by 1969, 430; A 1979, 591; 2003, 1795)

      NRS 159.171  Executing and recording legal documents.

      1.  A guardian of the estate shall record a certified copy of any court order authorizing the sale, mortgage, lease, surrender or conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.

      2.  To carry out effectively any transaction affecting the property of the protected person as authorized by this chapter, the court may authorize the guardian to execute any promissory note, mortgage, deed of trust, deed, lease, security agreement or other legal document or instrument which is reasonably necessary to carry out such transaction.

      (Added to NRS by 1969, 430)

      NRS 159.173  Transfer of property of protected person not ademption.  If a guardian of the estate sells or transfers any real or personal property that is specifically devised or bequeathed by the protected person or which is held by the protected person as a joint tenancy, designated as being held by the protected person in trust for another person or held by the protected person as a revocable trust and the protected person had the capacity to make a will or create the interest at the time the will or interest was created, but did not have the capacity to make a will or create the interest at the time of the sale or transfer and never executed a valid later will or changed the manner in which the protected person held the interest, the devisee, beneficiary or legatee may elect to take the proceeds of the sale or other transfer of the interest, specific devise or bequest.

      (Added to NRS by 1969, 430; A 2003, 1796; 2017, 3919)

      NRS 159.175  Exchange or partition of property of protected person.

      1.  A guardian of the estate, with prior approval of the court by order, where it appears from the petition and the court determines that the best interests of the protected person are served by such action, may:

      (a) Accept an offer to exchange all or any interest of the protected person in real or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or

      (b) Effect a voluntary partition of real or personal property or both real and personal property in which the protected person owns an undivided interest.

      2.  Upon hearing the petition, the court shall inquire into the value of the property to be exchanged or partitioned, the rental or income therefrom, and the use for which the property is best suited.

      (Added to NRS by 1969, 430)

ACCOUNTINGS

      NRS 159.176  Review of guardianship by court.  Every guardianship established pursuant to this chapter must be reviewed by the court annually.

      (Added to NRS by 1981, 1933; A 2003, 594)

      NRS 159.177  Time for filing account; service of account.

      1.  A guardian of the estate or special guardian who is authorized to manage the property of the protected person shall make and file a verified account in the guardianship proceeding:

      (a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian, unless the court orders such an account to be made and filed at a different interval upon a showing of good cause and with the appropriate protection of the interests of the protected person.

      (b) Upon filing a petition to resign and before the resignation is accepted by the court.

      (c) Within 30 days after the date of his or her removal, unless the court authorizes a longer period.

      (d) Within 90 days after the date of termination of the guardianship or the death of the protected person, unless the court authorizes a longer period.

      (e) At any other time as required by law or as the court may order.

      2.  An account filed pursuant to this section must be served on the attorney of the protected person and, if the protected person is living, on the protected person.

      (Added to NRS by 1969, 431; A 1981, 1937; 2003, 1796; 2017, 2559)

      NRS 159.179  Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost.

      1.  An account made and filed by a guardian of the estate or special guardian who is authorized to manage the property of a protected person must include, without limitation, the following information:

      (a) The period covered by the account.

      (b) The assets of the protected person at the beginning and end of the period covered by the account, including the beginning and ending balances of any accounts.

      (c) All cash receipts and disbursements during the period covered by the account, including, without limitation, any disbursements for the support of the protected person or other expenses incurred by the estate during the period covered by the account.

      (d) All claims filed and the action taken regarding the account.

      (e) Any changes in the property of the protected person due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the property holdings of the protected person as reported in the original inventory or the preceding account, including, without limitation, any income received during the period covered by the account.

      (f) Any other information the guardian considers necessary to show the condition of the affairs of the protected person.

      (g) Any other information required by the court.

      2.  All expenditures included in the account must be itemized.

      3.  If the account is for the estates of two or more protected persons, it must show the interest of each protected person in the receipts, disbursements and property. As used in this subsection, “protected person” includes a protected minor.

      4.  Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. A public guardian shall produce such receipts or vouchers upon the request of the court, the protected person to whom the receipt or voucher pertains, the attorney of such a protected person or any interested person. All other guardians shall file such receipts or vouchers with the court if:

      (a) The receipt or voucher is for an amount greater than $250, unless such a requirement is waived by the court; or

      (b) The court orders the filing.

      5.  On the court’s own motion or on ex parte application by an interested person which demonstrates good cause, the court may:

      (a) Order production of the receipts or vouchers that support the account; and

      (b) Examine or audit the receipts or vouchers that support the account.

      6.  If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that:

      (a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and

      (b) Expenses were paid in good faith and were valid charges against the estate.

      (Added to NRS by 1969, 431; A 1981, 1937; 1999, 2365; 2003, 1796; 2017, 884, 2559)

      NRS 159.181  Hearing of account.

      1.  Any interested person may appear at the hearing and object to the account or file written objections to the account prior to the hearing.

      2.  If there are no objections to the account or if the court overrules any objections, the court may enter an order allowing and confirming the account.

      3.  Except as otherwise provided in this subsection, the order settling and allowing the account is a final order and is conclusive against all persons interested in the guardianship proceeding, including, without limitation, heirs and assigns. The order is not final against a protected person who requests an examination of any account after the legal disability of the protected person is removed.

      4.  If the court finds that an interested person who objected to the account did not object in good faith or in furtherance of the best interests of the protected person, the court may order the interested person to pay to the estate of the protected person all or part of the expenses associated with the objection.

      (Added to NRS by 1969, 431; A 2003, 1797)

      NRS 159.183  Compensation and expenses of guardian.

      1.  Subject to the discretion and approval of the court and except as otherwise provided in subsection 5, a guardian must be allowed:

      (a) Reasonable compensation for the guardian’s services;

      (b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and

      (c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.

      2.  Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:

      (a) The nature of the guardianship;

      (b) The type, duration and complexity of the services required; and

      (c) Any other relevant factors.

      3.  In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the protected person. In evaluating the ability of a protected person to pay such compensation and expenses, the court may consider:

      (a) The nature, extent and liquidity of the assets of the protected person;

      (b) The disposable net income of the protected person;

      (c) Any foreseeable expenses; and

      (d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.

      4.  Any compensation or expenses, including, without limitation, attorney’s fees, must not be paid from the estate of the protected person unless and until the payment of such fees is approved by the court pursuant to this section or NRS 159.344, as applicable.

      5.  A guardian is not allowed compensation or expenses, including, without limitation, attorney’s fees, for services incurred by the guardian as a result of a petition to have him or her removed as guardian if the court removes the guardian.

      (Added to NRS by 1969, 431; A 2003, 1797; 2005, 818; 2011, 999; 2017, 2560, 3919)

      NRS 159.184  Accounting by certain care providers.  If a protected person resides with a care provider that is an institution or facility, the care provider shall furnish to the guardian an itemized accounting of all financial activity pertaining to the protected person:

      1.  On a quarterly basis; and

      2.  At any other time, upon the request of the guardian.

      (Added to NRS by 2009, 1640)

REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OF GUARDIANSHIP

Removal of Guardian

      NRS 159.185  Conditions for removal.

      1.  The court may remove a guardian if the court determines that:

      (a) The guardian has become mentally incapacitated, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

      (b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613;

      (c) The guardian has filed for bankruptcy within the previous 5 years;

      (d) The guardian of the estate has mismanaged the estate of the protected person;

      (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

             (1) The negligence resulted in injury to the protected person or the estate of the protected person; or

             (2) There was a substantial likelihood that the negligence would result in injury to the protected person or the estate of the protected person;

      (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

      (g) The guardian has violated any right of the protected person that is set forth in this chapter;

      (h) The guardian has violated a court order or committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of NRS 159.332;

      (i) The guardian has violated any provision of NRS 159.331 to 159.338, inclusive, or a court order issued pursuant to NRS 159.333;

      (j) The best interests of the protected person will be served by the appointment of another person as guardian; or

      (k) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595 or 159A.0595.

      2.  A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

      (Added to NRS by 1969, 432; A 2003, 1798; 2005, 819; 2011, 999; 2015, 2367, 2509; 2017, 884, 2561, 3920)

      NRS 159.1852  Duty of guardian to notify court if no longer qualified to serve as guardian; appointment of successor guardian.  A guardian who, after appointment:

      1.  Is convicted of a gross misdemeanor or felony in any state;

      2.  Files for or receives protection as an individual or as a principal of any entity under the federal bankruptcy laws;

      3.  Has a driver’s license suspended, revoked or cancelled for nonpayment of child support;

      4.  Is suspended for misconduct or disbarred from:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession which:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; or

             (2) Requires licensure in this State or any other state; or

      5.  Has a judgment entered against him or her for misappropriation of funds or assets from any person or entity in any state,

Ê shall immediately inform the court of the circumstances of those events. The court may remove the guardian and appoint a successor guardian, unless the court finds that it is in the best interest of the protected person to allow the guardian to continue in his or her appointment.

      (Added to NRS by 2013, 904)

      NRS 159.1853  Petition for removal.

      1.  The following persons may petition the court to have a guardian removed:

      (a) The protected person;

      (b) The spouse of the protected person;

      (c) Any relative who is within the second degree of consanguinity to the protected person;

      (d) A public guardian; or

      (e) Any other interested person.

      2.  The petition must:

      (a) State with particularity the reasons for removing the guardian; and

      (b) Show cause for the removal.

      3.  If the court denies the petition for removal, the petitioner shall not file a subsequent petition unless a material change of circumstances warrants a subsequent petition.

      4.  If the court finds that the petitioner did not file a petition for removal in good faith or in furtherance of the best interests of the protected person, the court may:

      (a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected person; and

      (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses incurred by the estate of the protected person in responding to the petition and for any other pecuniary losses which are associated with the petition.

      (Added to NRS by 2003, 1766)

      NRS 159.1855  Issuance and service of citation concerning filing of petition for removal; actions of court if protected person or estate may suffer loss or injury during time required for service.

      1.  If a petition to have a guardian removed is filed with the court, the court shall issue and serve a citation on the guardian and on all other interested persons.

      2.  The citation must require the guardian to appear and show cause why the court should not remove the guardian.

      3.  If it appears that the protected person or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the court’s own motion or on petition, the court may:

      (a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction;

      (b) Compel the guardian to surrender the protected person to a temporary guardian for not more than 30 days; and

      (c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.

      (Added to NRS by 2003, 1766)

      NRS 159.1857  Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear.  If a petition to remove a guardian is deemed sufficient and the guardian fails to appear before the court, the court may:

      1.  Hold the guardian in contempt of court.

      2.  Require the guardian to appear at a date and time set by the court.

      3.  Issue a bench warrant for the arrest and appearance of the guardian.

      4.  Find that the guardian caused harm to the protected person or the estate of the protected person and issue an order accordingly.

      (Added to NRS by 2003, 1767)

      NRS 159.186  Additional limitation governing removal of guardian of minor; considerations for court in determining best interests of minor; removal of guardian of minor.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

      NRS 159.187  Successor guardians.

      1.  When a guardian dies or is removed by order of the court, the court, upon the court’s own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.

      2.  If a guardian of the person is appointed for a protected person pursuant to this section, the protected person must be served with the petition. If the protected person does not object to the appointment, the protected person is not required to attend the hearing.

      (Added to NRS by 1969, 432; A 2003, 1798)

Resignation of Guardian

      NRS 159.1873  Petition tendering resignation.

      1.  A guardian of the person, of the estate, or of the person and the estate, may file with the court a petition tendering the resignation of the guardian.

      2.  If the guardian files a petition to resign, the court shall serve notice upon any person entitled to notice pursuant to NRS 159.047.

      (Added to NRS by 2003, 1767)

      NRS 159.1875  Approval of resignation of guardian of person.

      1.  Before the court approves the resignation of a guardian of the person and discharges the guardian, the court shall appoint a successor guardian.

      2.  If a protected person has more than one guardian, the court may approve the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone.

      (Added to NRS by 2003, 1767)

      NRS 159.1877  Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order.

      1.  Before the court approves the resignation of a guardian of the estate and discharges the guardian, the court shall require the guardian to submit, on the date set for the hearing, an accounting of the estate through the end of the term.

      2.  If the guardian fails to file such an accounting, the court may impose sanctions upon the guardian.

      3.  If an estate has more than one guardian, the court may accept the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone. The court may waive the requirement of filing the accounting if the remaining guardian or guardians are:

      (a) Required to file the annual accounting, if applicable; and

      (b) Responsible for any discrepancies in the accounting.

      4.  Upon approval of the accounting, if any is required, and appointment of a successor guardian, the court may approve the resignation of a guardian and order the discharge of his or her duties.

      (Added to NRS by 2003, 1767)

Termination of Guardianship

      NRS 159.1905  Petition for termination or modification; appointment of attorney to represent protected person; burden of proof; issuance of citation; penalties for not filing petition in good faith.

      1.  A protected person, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:

      (a) The name and address of the petitioner.

      (b) The relationship of the petitioner to the protected person.

      (c) The name, age and address of the protected person, if the protected person is not the petitioner, or the date of death of the protected person if the protected person is deceased.

      (d) The name and address of the guardian, if the guardian is not the petitioner.

      (e) The reason for termination or modification.

      (f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.

      (g) A general description and the value of the remaining property of the protected person and the proposed disposition of that property.

      2.  Upon the filing of the petition, the court shall appoint an attorney to represent the protected person if:

      (a) The protected person is unable to retain an attorney; or

      (b) The court determines that the appointment is necessary to protect the interests of the protected person.

      3.  The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.

      4.  The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.

      5.  If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected person, the court may:

      (a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected person; and

      (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected person and associated with the petition.

      (Added to NRS by 1981, 1933; A 1999, 1401; 2003, 1798; 2017, 2562)

      NRS 159.191  Termination of guardianship of person, estate or person and estate; procedure upon death of protected person.

      1.  Except as otherwise provided in subsection 2, a guardianship of the person is terminated:

      (a) By the death of the protected person;

      (b) Upon the change of domicile of the protected person to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or

      (c) Upon order of the court, if the court determines that the guardianship no longer is necessary.

      2.  If a court appoints or extends the appointment of a guardian of the person pursuant to NRS 159.343, the guardianship is terminated on the date on which the protected person reaches 21 years of age, unless the protected person petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159.1905 and the court grants the petition.

      3.  A guardianship of the estate is terminated:

      (a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian;

      (b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or

      (c) By the death of the protected person, subject to the provisions of NRS 159.193.

      4.  If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

      5.  The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected person of the death of the protected person within 30 days after the death.

      6.  Immediately upon the death of the protected person:

      (a) The guardian of the estate shall have no authority to act for the protected person except to wind up the affairs of the guardianship pursuant to NRS 159.193, and to distribute the property of the protected person as provided in NRS 159.195 and 159.197; and

      (b) No person has standing to file a petition pursuant to NRS 159.078.

      (Added to NRS by 1969, 432; A 1999, 1401; 2003, 1799; 2013, 922; 2017, 885, 1149)

      NRS 159.192  Termination of temporary guardianship.

      1.  If a temporary guardianship is terminated and a petition for a general or special guardianship has not been filed:

      (a) The temporary guardian shall immediately turn over all of the property of the protected person to the protected person; or

      (b) If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate, the temporary guardian shall seek approval from the court to maintain possession of all or a portion of the property of the protected person.

      2.  If a temporary guardianship is terminated and a petition for general or special guardianship has been filed, the temporary guardian of the estate may:

      (a) Continue possessing the property of the protected person; and

      (b) Perform the duties of guardian for not more than 90 days after the temporary guardianship is terminated or until the court appoints another temporary, general or special guardian.

      3.  If the death of a protected person causes the termination of a temporary guardianship before the hearing on a general or special guardianship:

      (a) The temporary guardian of the estate may:

             (1) Continue possessing the property of the protected person; and

             (2) Except as otherwise provided in this paragraph, perform the duties of guardian for not more than 90 days after the date of the termination of the temporary guardianship or until the court appoints a personal representative of the estate, if any. If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate and it will take longer than 90 days after the date of the termination of the temporary guardianship to receive such certification, the temporary guardian must seek approval from the court to maintain possession of all or a portion of the property of the protected person until certification is received.

      (b) If no personal representative has been appointed pursuant to chapter 138 or 139 of NRS, the temporary guardian shall pay all of the final expenses and outstanding debts of the protected person to the extent possible using the assets in the possession of the temporary guardian.

      (Added to NRS by 2003, 1767)

      NRS 159.193  Winding up affairs.

      1.  The guardian of the estate is entitled to retain possession of the property of the protected person already in the control of the guardian and is authorized to perform the duties of the guardian to wind up the affairs of the guardianship:

      (a) Except as otherwise provided in paragraph (b), (c) or (d), for not more than 180 days or a period that is reasonable and necessary as determined by the court after the termination of the guardianship;

      (b) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a personal representative of the estate of a deceased protected person;

      (c) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a successor trustee of a trust of the deceased protected person and upon request by the trustee; or

      (d) Upon approval of the court, for more than 180 days or 90 days, as applicable, if the guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate.

      2.  To wind up the affairs of the guardianship, the guardian shall:

      (a) Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.

      (b) Complete the performance of any contractual obligations incurred by the guardianship estate.

      (c) With prior approval of the court, continue any activity that:

             (1) The guardian believes is appropriate and necessary; or

             (2) Was commenced before the termination of the guardianship.

      (d) If the guardianship is terminated for a reason other than the death of the protected person, examine and allow and pay, or reject, all claims presented to the guardian prior to the termination of the guardianship for obligations incurred prior to the termination.

      3.  If the assets are transferred to a personal representative or a successor trustee as provided for in paragraphs (b) and (c) of subsection 1, the court may authorize the guardian to retain sufficient assets to pay any anticipated expenses and taxes of the guardianship estate.

      (Added to NRS by 1969, 432; A 2003, 1800; 2007, 2034; 2013, 922)

      NRS 159.195  Disposition of claims of creditor after termination of guardianship by death of protected person.

      1.  If the guardianship is terminated by reason of the death of the protected person:

      (a) Except as otherwise provided in NRS 159.197, the guardian shall report to the personal representative claims which are presented to the guardian, or which have been presented to the guardian but have not been paid, except those incurred in paying the expenses of administration of the guardianship estate and in winding up the affairs of the guardianship estate.

      (b) Claims which have been allowed by the guardian, but not paid, shall be paid by the personal representative in the course of probate in the priority provided by law for payment of claims against a decedent, and shall have the same effect and priority as a judgment against a decedent.

      (c) Claims which have been presented and not allowed or rejected shall be acted upon by the personal representative in the same manner as other claims against a decedent.

      2.  The personal representative shall be substituted as the party in interest for the guardian in any action commenced or which may be commenced by the creditor pursuant to NRS 159.107, including summary determination, on any claim rejected by the guardian.

      (Added to NRS by 1969, 433; A 2003, 1800)

      NRS 159.197  Delivery of physical possession of property of protected person; petition to modify title to such property; handling property of deceased protected person.

      1.  After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the property of the protected person to the protected person, the personal representative or the successor guardian, as the case may be, and obtain a receipt of the delivery of the property.

      2.  Before the guardian delivers physical possession of the property of the protected person to the personal representative and upon sufficient evidence of prior title, the guardian may petition the court to have the title to the property modified, on a pro rata basis, to reflect the manner in which title was held before the guardianship was established so that the property is distributed to the intended beneficiary or former joint owner of the property.

      3.  If the guardianship has terminated by reason of the death of the protected person, the court, by order, may authorize the guardian to handle the property of the deceased protected person in the same manner as authorized by NRS 146.070 or 146.080, if the gross value of the property, less encumbrances, and less fees, costs and expenses that are approved by the court, remaining in the hands of the guardian does not exceed the amount authorized pursuant to NRS 146.070 or 146.080.

      (Added to NRS by 1969, 433; A 1971, 157; 1973, 432; 1975, 1780; 1979, 479; 1983, 196; 1997, 1495; 2003, 1801, 2514)

      NRS 159.199  Discharge of guardian; exoneration of bond; order of discharge.

      1.  Upon the filing of receipts and vouchers showing compliance with the orders of the court in winding up the affairs of the guardianship, the court shall enter an order discharging the guardian and exonerating the bond of the guardian.

      2.  A guardian is not relieved of liability for his or her term as guardian until an order of discharge is entered and filed with the court.

      (Added to NRS by 1969, 433; A 2003, 1801)

Maintenance of Records

      NRS 159.19905  Time period for which certain records are required to be maintained.  A guardian shall maintain all records and documents for each protected person whom the guardian has authority over for a period of not less than 7 years after the court terminates the guardianship and shall maintain all financial records related to the guardianship for a period of not less than 7 years after the date of the last financial transaction.

      (Added to NRS by 2009, 1639)

ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION (UNIFORM ACT)

General Provisions

      NRS 159.1991  Short title.  NRS 159.1991 to 159.2029, inclusive, may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

      (Added to NRS by 2009, 1640)

      NRS 159.1993  International application of Act.  A court of this State may treat a foreign country as if it were a state for the purpose of applying NRS 159.1991 to 159.2029, inclusive.

      (Added to NRS by 2009, 1640)

      NRS 159.1994  Communication with other courts.

      1.  A court of this State may communicate with a court of another state concerning a proceeding arising under NRS 159.1991 to 159.2029, inclusive. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

      2.  Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.

      (Added to NRS by 2009, 1640)

      NRS 159.1995  Cooperation with other courts.

      1.  In a guardianship proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following:

      (a) Hold an evidentiary hearing;

      (b) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state;

      (c) Order that an evaluation or assessment be made of the protected person;

      (d) Order any appropriate investigation of a person involved in a proceeding;

      (e) Forward to the court of this State a certified copy of the transcript or other record of a hearing under paragraph (a) or any other proceeding, any evidence otherwise produced under paragraph (b), and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d);

      (f) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the proposed protected person, the protected person or the person who is incapacitated; and

      (g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state relating to the protected person or proposed protected person, including protected health information as defined in 45 C.F.R. § 160.103.

      2.  If a court of another state in which a guardianship or conservatorship proceeding is pending requests assistance of the kind provided in subsection 1, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

      (Added to NRS by 2009, 1640; A 2017, 3920)

      NRS 159.1997  Taking testimony in another state.

      1.  In a guardianship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

      2.  In a guardianship proceeding, a court of this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this State shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

      3.  Documentary evidence transmitted from a court of another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on NRS 52.235.

      (Added to NRS by 2009, 1640)

Jurisdiction

      NRS 159.1998  General provisions governing jurisdiction and special jurisdiction.

      1.  A court of this State has jurisdiction to appoint a guardian if:

      (a) This State is the home state of the proposed protected person;

      (b) The proposed protected person holds property within this State and a court of the home state of the proposed protected person has declined to exercise jurisdiction because this State is a more appropriate forum;

      (c) The proposed protected person has a significant connection with this State and a court of the home state of the proposed protected person has declined to exercise jurisdiction because this State is a more appropriate forum; or

      (d) The proposed protected person does not have a home state.

      2.  A court of this State lacking jurisdiction under subsection 1 has special jurisdiction to appoint a temporary guardian for a protected person:

      (a) To facilitate transfer of the guardianship proceedings from another state pursuant to NRS 159.1991 to 159.2029, inclusive.

      (b) In an emergency if the protected person is physically present in this State, and such temporary guardianship will be terminated at the request of a court of the home state of the protected person before or after the emergency appointment.

      3.  Except as otherwise provided in this section, a court that has appointed a guardian consistent with NRS 159.1991 to 159.2029, inclusive, has exclusive and continuing jurisdiction over the proceedings until it is terminated by the court pursuant to NRS 159.1905 or 159.191.

      (Added to NRS by 2009, 1641)

      NRS 159.1999  Declination of jurisdiction generally.

      1.  A court of this State having jurisdiction to appoint a guardian may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

      2.  If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either dismiss or stay the proceedings. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian be filed promptly in another state.

      3.  In determining whether it is an appropriate forum, the court shall consider all relevant factors, including, without limitation:

      (a) Any expressed preference of the protected person;

      (b) Whether abuse, neglect, exploitation, isolation or abandonment of the protected person has occurred or is likely to occur and which state could best protect the protected person from the abuse, neglect, exploitation, isolation or abandonment;

      (c) The length of time the protected person was physically present in or was a legal resident of this State or another state;

      (d) The distance of the protected person from the court in each state;

      (e) The financial circumstances of the estate of the protected person;

      (f) The nature and location of the evidence;

      (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

      (h) The familiarity of the court of each state with the facts and issues in the proceeding; and

      (i) If an appointment were made, the court’s ability to monitor the conduct of the guardian.

      (Added to NRS by 2009, 1641; A 2015, 824)

      NRS 159.202  Declination of jurisdiction by reason of conduct.

      1.  If at any time a court of this State determines that it acquired jurisdiction to appoint a guardian because of unjustifiable conduct by the guardian or the petitioner, the court may:

      (a) Decline to exercise jurisdiction;

      (b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the protected person or the protection of the property of the protected person or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian is filed in a court of another state having jurisdiction; or

      (c) Continue to exercise jurisdiction after considering:

             (1) The extent to which the protected person and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;

             (2) Whether it is a more appropriate forum than the court of any other state; and

             (3) Whether the court of any other state would have jurisdiction under factual circumstance in substantial conformity with the jurisdictional standard.

      2.  If a court of this State determines that it acquired jurisdiction to appoint a guardian because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including, without limitation, attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.

      (Added to NRS by 2009, 1642)

      NRS 159.2021  Proceedings in more than one state.  Except for a petition for the appointment of a guardian in an emergency, if a petition for the appointment of a guardian is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

      1.  If the court of this State has jurisdiction under NRS 159.1991 to 159.2029, inclusive, it may proceed with the case unless a court of another state acquires jurisdiction under provisions similar to NRS 159.1991 to 159.2029, inclusive, before the appointment.

      2.  If the court of this State does not have jurisdiction under NRS 159.1991 to 159.2029, inclusive, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court of the other state. If the court of the other state has jurisdiction, the court of this State shall dismiss the petition unless the court of the other state determines that the court of this State is a more appropriate forum.

      (Added to NRS by 2009, 1642)

      NRS 159.2023  Transfer of jurisdiction of guardianship to another state.

      1.  A guardian appointed in this State may petition the court to transfer the jurisdiction of the guardianship to another state. Notice of the petition must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian.

      2.  The court shall issue an order provisionally granting the petition to transfer a guardianship and shall direct the guardian or other interested party to petition for guardianship in the other state if the court finds that:

      (a) The protected person is physically present in, or is reasonably expected to move permanently to, the other state;

      (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

      (c) The plans for care and services for the protected person in the other state are reasonable and sufficient.

      3.  The court shall issue a final order confirming the transfer and terminating the guardianship upon a petition for termination pursuant to NRS 159.1905 or 159.191 and filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.

      (Added to NRS by 2009, 1642)

      NRS 159.2024  Transfer of jurisdiction of guardianship or conservatorship from another state to this State.

      1.  To transfer jurisdiction of a guardianship or conservatorship to this State, the guardian, conservator or other interested party must petition the court of this State for guardianship pursuant to NRS 159.1991 to 159.2029, inclusive, to accept guardianship in this State. The petition must include a certified copy of the other state’s provisional order of transfer and proof that the protected person is physically present in, or is reasonably expected to move permanently to, this State.

      2.  The court shall issue a provisional order granting a petition filed under subsection 1, unless:

      (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the protected person; or

      (b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159.0613.

      3.  The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State.

      4.  Not later than 90 days after the issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.

      5.  In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacity of the protected person and the appointment of the guardian or conservator.

      (Added to NRS by 2009, 1643; A 2015, 2368, 2510; 2017, 886)

Registration and Recognition of Orders From Other States

      NRS 159.2025  Registration of guardianship orders issued in another state.  If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register and the reason for registration, may register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:

      1.  Certified copies of the order and letters of office; and

      2.  A copy of the guardian’s driver’s license, passport, permanent resident card, tribal identification card or other valid photo identification card in a sealed envelope.

      (Added to NRS by 2009, 1643; A 2017, 93, 1624, 2273)

      NRS 159.2027  Effect of registration of guardianship orders issued in another state.

      1.  Upon registration of a guardianship, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian is not a resident of this State, subject to any conditions imposed upon nonresident parties.

      2.  A court of this State may grant any relief available under NRS 159.1991 to 159.2029, inclusive, and other law of this State to enforce a registered order.

      (Added to NRS by 2009, 1643)

Miscellaneous Provisions

      NRS 159.2029  Uniformity of application and construction.  The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      (Added to NRS by 2009, 1644)

TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA

      NRS 159.203  Delivering property or paying obligations to foreign guardian.

      1.  Where a guardian of the estate for a nonresident has not been appointed in this state, but the nonresident has a foreign guardian and a person within this state is indebted to such nonresident or such nonresident has property within this state that is capable of being removed and which is on deposit with or in the possession of a resident of this state, and such property is not subject to a mortgage, pledge, lien or other encumbrance restricting removal of the property from this state, the person in possession of the property may deliver such property or the person indebted may pay such debt, to the foreign guardian. The delivery of such property or the payment of such debt is, to the extent of such delivery or payment, a release and discharge with respect to such property or debt.

      2.  The court may require such foreign guardian to post a bond in the same manner as required of a resident guardian and may enter such orders as are necessary to protect secured creditors of the protected person and unsecured creditors of the protected person who are residents of this state.

      (Added to NRS by 1969, 434)

APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT

      NRS 159.205  Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

      NRS 159.215  Guardian of person of minor child of member of Armed Forces.  Repealed. (See chapter 172, Statutes of Nevada 2017, at page 910.)

 

ACTS AGAINST OR AFFECTING PROTECTED PERSON OR PROPOSED PROTECTED PERSON

      NRS 159.305  Petition alleging that person disposed of money of protected person or has evidence of interest of protected person in or to property.

      1.  If a guardian, interested person, protected person or proposed protected person petitions the court upon oath alleging:

      (a) That a person has or is suspected to have concealed, converted to his or her own use, conveyed away or otherwise disposed of any money, good, chattel or effect of the protected person; or

      (b) That the person has in his or her possession or knowledge any deed, conveyance, bond, contract or other writing which contains evidence of, or tends to disclose the right, title or interest of the protected person or proposed protected person in or to, any real or personal property, or any claim or demand,

Ê the judge may cause the person to be cited to appear before the district court to answer, upon oath, upon the matter of the petition.

      2.  If the person cited does not reside in the county where letters of guardianship have been issued pursuant to NRS 159.075, the person may be cited and examined before the district court of the county where the person resides, or before the court that issued the citation. Each party to the petition may produce witnesses, and such witnesses may be examined by either party.

      (Added to NRS by 2003, 1759)

      NRS 159.315  Order of court upon findings concerning allegations that person disposed of money of protected person or proposed protected person or has evidence of interest of protected person or proposed protected person in or to property; nonappearance or noncompliance by person cited; effect of order.

      1.  If the court finds, after examination of a person cited pursuant to NRS 159.305, that the person has committed an act:

      (a) Set forth in paragraph (a) of subsection 1 of NRS 159.305, the court may order the person to return the asset or the value of the asset to the guardian of the estate; or

      (b) Set forth in paragraph (b) of subsection 1 of NRS 159.305, the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

      2.  The court may hold a person who is cited pursuant to NRS 159.305 in contempt of court and deal with the person accordingly if the person:

      (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or

      (b) Fails to comply with an order of the court issued pursuant to subsection 1.

      3.  An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed protected person or the estate of the protected person to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

      4.  If the person who is cited pursuant to NRS 159.305 appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed protected person or the estate of the protected person, the court may order:

      (a) The proposed protected person or the estate of the protected person to pay the attorney’s fees and costs of the respondent; or

      (b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney’s fees and costs of the respondent.

      (Added to NRS by 2003, 1759; A 2017, 886)

APPEALS

      NRS 159.325  Appeals to appellate court of competent jurisdiction.  [Replaced in revision by NRS 159.375.]

 

PROTECTED PERSONS’ BILL OF RIGHTS

      NRS 159.327  Short title.  NRS 159.327 and 159.328 may be cited as the Protected Persons’ Bill of Rights.

      (Added to NRS by 2017, 2532)

      NRS 159.328  Legislative declaration of protected persons’ rights.

      1.  The Legislature hereby declares that, except as otherwise specifically provided by law, each proposed protected person has the right to have an attorney before a guardianship is imposed to ask the court for relief, and each protected person has the right to:

      (a) Have an attorney at any time during a guardianship to ask the court for relief.

      (b) Receive notice of all guardianship proceedings and all proceedings relating to a determination of capacity unless the court determines that the protected person lacks the capacity to comprehend such notice.

      (c) Receive a copy of all documents filed in a guardianship proceeding.

      (d) Have a family member, an interested party, a person of natural affection, an advocate for the protected person or a medical provider speak or raise any issues of concern on behalf of the protected person during a court hearing, either orally or in writing, including, without limitation, issues relating to a conflict with a guardian.

      (e) Be educated about guardianships and ask questions and express concerns and complaints about a guardian and the actions of a guardian, either orally or in writing.

      (f) Participate in developing a plan for his or her care, including, without limitation, managing his or her assets and personal property and determining his or her residence and the manner in which he or she will receive services.

      (g) Have due consideration given to his or her current and previously stated personal desires, preferences for health care and medical treatment and religious and moral beliefs.

      (h) Remain as independent as possible, including, without limitation, to have his or her preference honored regarding his or her residence and standard of living, either as expressed or demonstrated before a determination was made relating to capacity or as currently expressed, if the preference is reasonable under the circumstances.

      (i) Be granted the greatest degree of freedom possible, consistent with the reasons for a guardianship, and exercise control of all aspects of his or her life that are not delegated to a guardian specifically by a court order.

      (j) Engage in any activity that the court has not expressly reserved for a guardian, including, without limitation, voting, marrying or entering into a domestic partnership, traveling, working and having a driver’s license.

      (k) Be treated with respect and dignity.

      (l) Be treated fairly by his or her guardian.

      (m) Maintain privacy and confidentiality in personal matters.

      (n) Receive telephone calls and personal mail and have visitors, unless his or her guardian and the court determine that particular correspondence or a particular visitor will cause harm to the protected person.

      (o) Receive timely, effective and appropriate health care and medical treatment that does not violate his or her rights.

      (p) Have all services provided by a guardian at a reasonable rate of compensation and have a court review any requests for payment to avoid excessive or unnecessary fees or duplicative billing.

      (q) Receive prudent financial management of his or her property and regular detailed reports of financial accounting, including, without limitation, reports on any investments or trusts that are held for his or her benefit and any expenditures or fees charged to his or her estate.

      (r) Receive and control his or her salary, maintain a bank account and manage his or her personal money.

      (s) Ask the court to:

             (1) Review the management activity of a guardian if a dispute cannot be resolved.

             (2) Continually review the need for a guardianship or modify or terminate a guardianship.

             (3) Replace the guardian.

             (4) Enter an order restoring his or her capacity at the earliest possible time.

      2.  The rights of a protected person set forth in subsection 1 do not abrogate any remedies provided by law. All such rights may be addressed in a guardianship proceeding or be enforced through a private right of action.

      (Added to NRS by 2017, 2532)

      NRS 159.329  Duties of courts.  Each court shall:

      1.  Make the Protected Persons’ Bill of Rights readily available to the public;

      2.  Maintain a copy of the Protected Persons’ Bill of Rights in the court for reproduction and distribution to the public; and

      3.  Ensure that the Protected Persons’ Bill of Rights is posted:

      (a) In a conspicuous place, in at least 12-point type, in the court; and

      (b) On the Internet website of the court.

      (Added to NRS by 2017, 2533)

COMMUNICATION, VISITATION AND INTERACTION BETWEEN PROTECTED PERSONS AND RELATIVES OR PERSONS OF NATURAL AFFECTION

      NRS 159.331  “Relative” defined.  As used in NRS 159.331 to 159.338, inclusive, “relative” means a parent, child or sibling of a protected person.

      (Added to NRS by 2017, 2546)

      NRS 159.332  Guardian prohibited from restricting communication, visitation or interaction between protected person and relative or person of natural affection; exceptions.

      1.  A guardian shall not restrict the right of a protected person to communicate, visit or interact with a relative or person of natural affection, including, without limitation, by telephone, mail or electronic communication, unless:

      (a) The protected person expresses to the guardian and at least one other independent witness who is not affiliated with or related to the guardian or the protected person that the protected person does not wish to communicate, visit or interact with the relative or person of natural affection;

      (b) There is currently an investigation of the relative or person of natural affection by law enforcement or a court proceeding concerning the alleged abuse of the protected person and the guardian determines that it is in the best interests of the protected person to restrict the communication, visitation or interaction between the protected person and the relative or person of natural affection because of such an investigation or court proceeding;

      (c) The restriction on the communication, visitation or interaction with the relative or person of natural affection is authorized by a court order;

      (d) Subject to the provisions of subsection 2, the guardian determines that the protected person is being physically, emotionally or mentally harmed by the relative or person of natural affection; or

      (e) Subject to the provisions of subsection 3, a determination is made that, as a result of the findings in a plan for the care or treatment of the protected person, visitation, communication or interaction between the protected person and the relative or person of natural affection is detrimental to the health and well-being of the protected person.

      2.  Except as otherwise provided in this subsection, if a guardian restricts communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to paragraph (d) of subsection 1, the guardian shall file a petition pursuant to NRS 159.333 not later than 10 days after restricting such communication, visitation or interaction. A guardian is not required to file such a petition if the relative or person of natural affection is the subject of an investigation or court proceeding pursuant to paragraph (b) of subsection 1 or a pending petition filed pursuant to NRS 159.333.

      3.  A guardian may consent to restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to paragraph (e) of subsection 1 if the guardian determines that such a restriction is in the best interests of the protected person. If a guardian makes such a determination, the guardian shall file a notice with the court that specifies the restriction on communication, visitation or interaction not later than 10 days after the guardian is informed of the findings in the plan for the care or treatment of the protected person. The guardian shall serve the notice on the protected person, the attorney of the protected person and any person who is the subject of the restriction on communication, visitation or interaction.

      (Added to NRS by 2017, 2547)

      NRS 159.333  Petition for order restricting communication, visitation or interaction between protected person and relative or person of natural affection; issuance of order; petition to modify or rescind order.

      1.  For good cause, a guardian may petition a court to issue an order restricting the ability of a relative or person of natural affection to communicate, visit or interact with a protected person.

      2.  After a petition is filed by a guardian pursuant to subsection 1, a court:

      (a) May appoint a person to meet with the protected person to determine his or her wishes regarding communication, visitation or interaction with the relative or person of natural affection;

      (b) Shall give notice and an opportunity to be heard to the guardian, the protected person and the relative or person of natural affection;

      (c) Shall preserve the right of the protected person to be present at the hearing on the petition; and

      (d) May order supervised communication, visitation or interaction between the protected person and the relative or person of natural affection before the hearing on the petition.

      3.  Upon a showing of good cause by a guardian, a court may issue an order restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to this section. When determining whether to issue an order, a court shall consider the following factors:

      (a) Whether any protective order has been issued to protect the protected person from the relative or person of natural affection;

      (b) Whether the relative or person of natural affection has been charged with abuse, neglect or financial exploitation of the protected person;

      (c) Whether the protected person has expressed to the court or to the guardian and at least one other independent witness who is not affiliated with or related to the guardian or the protected person a desire to or a desire not to communicate, visit or interact with the relative or person of natural affection;

      (d) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney or other written instrument contains a preference by the protected person regarding his or her communication, visitation or interaction with the relative or person of natural affection; and

      (e) Any other factor deemed relevant by the court.

      4.  If a protected person is unable to communicate verbally, the guardian shall provide the court with documentation of any physical reactions or manifestations of agitation, distress or combative or overly emotional behavior by the protected person during or following any contact with a relative or person of natural affection or any opposition by the protected person to any communication, visitation or interaction with a relative or person of natural affection for the purpose of allowing the court to consider whether the protected person has expressed a desire not to communicate, visit or interact with the relative or person of natural affection, as set forth in paragraph (c) of subsection 3. Such documentation may include, without limitation, any nursing notes, caregiver records, medical records or testimony of witnesses.

      5.  A guardian, protected person, relative or person of natural affection may petition the court to modify or rescind any order issued pursuant to this section.

      (Added to NRS by 2017, 2547)

      NRS 159.334  Imposition of certain restrictions on communication, visitation or interaction between protected person and relative or person of natural affection before issuance of order.

      1.  Before issuing an order pursuant to NRS 159.333, a court shall consider imposing any restrictions on communication, visitation or interaction between a protected person and a relative or person of natural affection in the following order of preference:

      (a) Placing reasonable time, manner or place restrictions on communication, visitation or interaction between the protected person and the relative or person of natural affection based on the history between the protected person and the relative or person of natural affection or the wishes of the protected person;

      (b) Requiring that any communication, visitation or interaction between the protected person and the relative or person of natural affection be supervised; and

      (c) Denying communication, visitation or interaction between the protected person and the relative or person of natural affection.

      2.  If the court determines that the relative or person of natural affection poses a threat to the protected person, the court may order supervised communication, visitation or interaction pursuant to paragraph (b) of subsection 1 before denying any communication, visitation or interaction.

      (Added to NRS by 2017, 2548)

      NRS 159.335  Petition for certain relief upon reasonable belief of abuse of discretion or violation of court order by guardian.

      1.  If any person, including, without limitation, a protected person, reasonably believes that a guardian has committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of NRS 159.332 or has violated a court order issued pursuant to NRS 159.333, the person may petition the court to:

      (a) Require the guardian to grant the relative or person of natural affection access to the protected person;

      (b) Restrict or further restrict the access of the relative or person of natural affection to the protected person;

      (c) Modify the duties of the guardian; or

      (d) Remove the guardian pursuant to NRS 159.185.

      2.  A guardian who violates any provision of NRS 159.331 to 159.338, inclusive, is subject to removal pursuant to NRS 159.185.

      (Added to NRS by 2017, 2549)

      NRS 159.336  Hearing on petition for restricted communication, visitation or interaction between protected person and relative or person of natural affection or petition for relief; emergency hearing required in certain circumstances.

      1.  Except as otherwise provided in subsection 2, a court shall schedule a hearing on a petition filed pursuant to NRS 159.333 or 159.335 not later than 63 days after the date the petition is filed.

      2.  If a petition filed pursuant to NRS 159.333 or 159.335 states that the health of the protected person is in significant decline or that the death of the protected person might be imminent, the court shall issue an order for an emergency hearing and conduct the emergency hearing as soon as practicable but not later than 7 days after the date the petition is filed.

      3.  If a court issues an order for an emergency hearing pursuant to subsection 2, the court may order supervised communication, visitation or interaction between the protected person and the relative or person of natural affection before the hearing.

      4.  Notice of the hearing, a copy of the petition and a copy of any order issued pursuant to subsection 2, if applicable, must be personally served upon the protected person and any person against whom the petition is filed. Nothing in this section affects the right of the protected person to appear and be heard in the proceedings.

      (Added to NRS by 2017, 2549)

      NRS 159.337  Burden of proof.  In a proceeding held pursuant to NRS 159.331 to 159.338, inclusive:

      1.  The guardian has the burden of proof if he or she:

      (a) Petitions the court to restrict the ability of a relative or person of natural affection to communicate, visit or interact with a protected person pursuant to subsection 1 of NRS 159.333;

      (b) Petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333; or

      (c) Opposes a petition filed pursuant to NRS 159.335.

      2.  A relative or person of natural affection has the burden of proof if he or she petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333.

      (Added to NRS by 2017, 2549)

      NRS 159.338  Attorney’s fees and sanctions.

      1.  In a proceeding held pursuant to NRS 159.331 to 159.338, inclusive, if the court finds that:

      (a) A petition was filed frivolously or in bad faith, the court shall award attorney’s fees to the party opposing the petition.

      (b) A guardian is in contempt of court or has acted frivolously or in bad faith in prohibiting or restricting communication, visitation or interaction between the relative or person of natural affection and the protected person, the court may:

             (1) Award attorney’s fees to the prevailing party; and

             (2) Impose sanctions against the guardian.

      2.  Any attorney’s fees awarded pursuant to this section must not be paid by the protected person or the estate of the protected person.

      (Added to NRS by 2017, 2550)

TRUSTS

      NRS 159.339  Assumption of jurisdiction by court of trust of which protected person is beneficiary.

      1.  If the inventory filed pursuant to NRS 159.085 includes the existence of a trust of which the protected person is currently a beneficiary who is receiving or is entitled to receive distributions, the trustee must be served with a copy of the inventory for the purpose of alerting the trustee that the court may assume jurisdiction of the trust pursuant to this section or that supervision of the trust may be transferred to the court pursuant to NRS 164.130.

      2.  The guardian of the protected person or attorney of the protected person may demand a copy of the trust and an accounting of the assets of the trust from the trustee. Such a demand must be served on the trustee and all parties and include notice that failure to comply with the demand may result in the court assuming jurisdiction of the trust.

      3.  If the trustee fails to comply with the demand made pursuant to subsection 2 within 30 days after being served with the demand, the guardian of the protected person or attorney of the protected person may petition the court to assume jurisdiction of the trust. Such a petition must be served on the trustee and all parties.

      4.  Not later than 30 days after being served with a petition pursuant to subsection 3, the trustee may object to the court assuming jurisdiction of the trust. If no objection is filed or if the court does not find good cause as to why it should not assume jurisdiction of the trust, the court may assume jurisdiction of the trust.

      5.  Not later than 30 days after the court assumes jurisdiction of the trust pursuant to this section or supervision of the trust is transferred to the court pursuant to NRS 164.130, the trustee shall file a copy of the trust and an accounting of the assets of the trust with the court.

      6.  The provisions of chapters 162 to 167, inclusive, of NRS apply to a trust of which a court has jurisdiction.

      (Added to NRS by 2017, 1234)

      NRS 159.3395  Protected person or attorney entitled to copies of accountings for trust created by or for benefit of protected person; submission of trust to jurisdiction of court.  A protected person or his or her attorney is entitled to receive copies of any accountings relating to any trusts created by or for the benefit of the protected person. A protected person may submit any trust to the jurisdiction of a court if:

      1.  The protected person, his or her spouse, or both the protected person and his or her spouse are grantors and sole beneficiaries of the income of the trust; or

      2.  The trust was created at the discretion of or with the consent of a court.

      (Added to NRS by 2017, 2552)

STATE GUARDIANSHIP COMPLIANCE OFFICE

      NRS 159.341  State Guardianship Compliance Office: Creation; State Guardianship Compliance Officer.

      1.  The State Guardianship Compliance Office is hereby created.

      2.  The State Guardianship Compliance Officer is:

      (a) Appointed by the Supreme Court and serves at the pleasure of the Court; and

      (b) Entitled to receive an annual salary set by the Supreme Court within the limits of legislative appropriations.

      3.  The State Guardianship Compliance Officer may hire two accountants and two investigators to provide auditing and investigative services to the district courts during the administration of guardianship proceedings pursuant to chapter 159 and 159A of NRS.

      4.  The State Guardianship Compliance Officer shall not act as a guardian for any protected person or protected minor.

      (Added to NRS by 2017, 3901)

MISCELLANEOUS PROVISIONS

      NRS 159.342  Determination as to whether guardian has already been appointed upon application by person to be designated as guardian.

      1.  If a guardian applies to a court to be designated as the guardian of a person, the court must determine whether a guardian has already been designated for the person by accessing the Nevada Lockbox established by the Secretary of State pursuant to NRS 225.360 in accordance with the provisions of NRS 225.380.

      2.  When determining whether a guardian has already been designated for the person, if the court determines that two or more different designations exist and each designation is valid, the most recent designation shall be deemed to be the controlling designation.

      3.  If the court determines that a guardian has already been designated for the person, the application for guardianship cannot proceed unless the court revokes the designation.

      (Added to NRS by 2017, 4359)

      NRS 159.343  Appointment or extension of appointment of guardian of the person for protected person or proposed protected person seeking status as special immigrant juvenile.

      1.  If a person includes a request that the court make the findings set forth in subsection 3 of NRS 3.2203 in a petition filed or motion made pursuant to this chapter, the court may appoint or extend the appointment of a guardian of the person for a protected person or proposed protected person seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security if the protected person or proposed protected person:

      (a) Is an unmarried person who is 18 years of age or older but less than 21 years of age; and

      (b) Consents to the appointment or the extension of the appointment.

      2.  The appointment or the extension of the appointment of a guardian of the person pursuant to subsection 1 does not authorize the guardian to abrogate any rights that the protected person or proposed protected person may have pursuant to the laws of this State, including, without limitation, the right to make decisions regarding his or her medical treatment, education or residence, without the express consent of the protected person or proposed protected person.

      (Added to NRS by 2017, 1148)

      NRS 159.344  Payment of attorney’s fees and costs incurred as result of representation by attorney in guardianship proceeding: Liability; petition for payment from guardianship estate; procedure upon filing petition.

      1.  Any person, including, without limitation, a guardian or proposed guardian, who retains an attorney for the purposes of representing a party in a guardianship proceeding is personally liable for any attorney’s fees and costs incurred as a result of such representation.

      2.  Notwithstanding the provisions of subsection 1 and except as otherwise provided in subsection 5 of NRS 159.183, a person who is personally liable for attorney’s fees and costs may petition the court for an order authorizing such attorney’s fees and costs to be paid from the estate of the protected person in accordance with this section. Any such attorney’s fees and costs must not be paid from the guardianship estate unless and until the court authorizes the payment pursuant to this section.

      3.  When a person who intends to petition the court for payment of attorney’s fees and costs from the guardianship estate first appears in the guardianship proceeding, the person must file written notice of his or her intent to seek payment of attorney’s fees and costs from the guardianship estate. The written notice:

      (a) Must provide a general explanation of the compensation arrangement and how compensation will be computed;

      (b) Must include the hourly billing rates of all timekeepers, including, without limitation, attorneys, law clerks and paralegals;

      (c) Must provide a general explanation of the reasons why the services of the attorney are necessary to further the best interests of the protected person;

      (d) Must be served by the person on all persons entitled to notice pursuant to NRS 159.034 and 159.047; and

      (e) Is subject to approval by the court after a hearing.

      4.  If written notice was filed and approved by the court pursuant to subsection 3, a person may file with the court a petition requesting payment of attorney’s fees and costs from the guardianship estate. Such a petition must include the following information:

      (a) A detailed statement as to the nature and extent of the services performed by the attorney;

      (b) An itemization of each task performed by the attorney, with reference to the time spent on each task in an increment to the nearest one-tenth of an hour and with no minimum billing unit in excess of one-tenth of an hour;

      (c) An indication of whether any time billed, including, without limitation, any time spent traveling or waiting, benefited any clients of the attorney other than the protected person and, if so, how many other clients benefited from such time; and

      (d) Any other information considered relevant to a determination of whether attorney’s fees are just, reasonable and necessary.

Ê Absent approval from all parties who have appeared in the proceeding, any supplemental requests for the payment of attorney’s fees and costs cannot be augmented in open court and must be properly noticed in the same manner as the underlying petition requesting payment.

      5.  In determining whether attorney’s fees are just, reasonable and necessary, the court may consider all the following factors:

      (a) The written notice approved by the court pursuant to subsection 3.

      (b) Whether the services conferred any actual benefit upon the protected person or attempted to advance the best interests of the protected person.

      (c) The qualities of the attorney, including, without limitation, his or her ability, training, education, experience, professional standing and skill.

      (d) The character of the work performed, including, without limitation, the difficulty, intricacy and importance of the work, the time and skill required to complete the work, the responsibility imposed and the nature of the proceedings.

      (e) The work actually performed by the attorney, including, without limitation, the skill, time and attention given to the work.

      (f) The result of the work, including, without limitation, whether the attorney was successful and any benefits that were derived.

      (g) The usual and customary fees charged in the relevant professional communities for each task performed, regardless of who actually performed the task. The court may only award:

             (1) Compensation at an attorney rate for time spent performing services that require an attorney;

             (2) Compensation at a paralegal rate for time spent performing paralegal services;

             (3) Compensation at a fiduciary rate for time spent performing fiduciary services; and

             (4) No compensation for time spent performing secretarial or clerical services.

      (h) The appropriate apportionment among multiple clients of any billed time that benefited multiple clients of the attorney.

      (i) The extent to which the services were provided in a reasonable, efficient and cost-effective manner, including, without limitation, whether there was appropriate and prudent delegation of services to others.

      (j) The ability of the estate of the protected person to pay, including, without limitation:

             (1) The value of the estate;

             (2) The nature, extent and liquidity of the assets of the estate;

             (3) The disposable net income of the estate;

             (4) The anticipated future needs of the protected person; and

             (5) Any other foreseeable expenses.

      (k) The efforts made by the person and attorney to reduce and minimize any issues.

      (l) Any actions by the person or attorney that unnecessarily expanded issues or delayed or hindered the efficient administration of the estate.

      (m) Whether any actions taken by the person or attorney were taken for the purpose of advancing or protecting the interests of the person as opposed to the interests of the protected person.

      (n) Any other factor that is relevant in determining whether attorney’s fees are just, reasonable and necessary, including, without limitation, any other factor that is relevant in determining whether the person was acting in good faith and was actually pursuing the best interests of the protected person.

      6.  The court shall not approve compensation for an attorney for:

      (a) Time spent on internal business activities of the attorney, including, without limitation, clerical or secretarial support; or

      (b) Time reported as a total amount of time spent on multiple tasks, rather than an itemization of the time spent on each task.

      7.  Any fees paid by a third party, including, without limitation, a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.

      8.  In addition to any payment provided to a person pursuant to this section for the services of an attorney, a person may receive payment for ordinary costs and expenses incurred in the scope of the attorney’s representation.

      9.  If two or more parties in a guardianship proceeding file competing petitions for the appointment of a guardian or otherwise litigate any contested issue in the guardianship proceeding, only the prevailing party may petition the court for payment of attorney’s fees and costs from the guardianship estate pursuant to this section. If the court determines that there is no prevailing party, the court may authorize a portion of each party’s attorney’s fees and costs to be paid from the guardianship estate if the court determines that such fees and costs are just, reasonable and necessary given the nature of any issues in dispute.

      10.  If an attorney is appointed by the court in a guardianship proceeding, he or she may petition the court for compensation for his or her services from the guardianship estate in accordance with the procedure set forth in this section.

      (Added to NRS by 2017, 3898)

      NRS 159.345  Imposition of penalties upon certain misconduct by guardian.  If a guardian:

      1.  Is guilty of gross impropriety in handling the property of the protected person;

      2.  Makes a substantial misstatement in any report filed pursuant to NRS 159.081 or any account filed pursuant to NRS 159.177; or

      3.  Willfully fails to file a report required by NRS 159.081 or an account required by NRS 159.177 after receiving written notice from the court of the failure to file and a grace period of 2 months after such notification has elapsed,

Ê the court may impose a penalty in an amount not to exceed $5,000 and order restitution of any money misappropriated from the estate of a protected person, which must be paid by the guardian and must not be paid by the estate of the protected person.

      (Added to NRS by 2017, 2552)

      NRS 159.346  Appropriate actions authorized upon violation by guardian of any right of protected person.

      1.  If a guardian violates any right of a protected person that is set forth in this chapter, a court may take any appropriate action, including, without limitation:

      (a) Issuing an order that certain actions be taken or discontinued;

      (b) Disallowing any fees payable to the guardian;

      (c) After notice and a hearing, issuing an order compensating a protected person or the estate of a protected person for any injury, death or loss of money or property caused by the actions of the guardian or the failure of the guardian to take appropriate action;

      (d) Removing the guardian pursuant to NRS 159.185; or

      (e) Taking any other action that is proper under the circumstances.

      2.  If any action by a guardian is deemed to be deliberately harmful or fraudulent or to have been committed with malice, the court may also impose:

      (a) Twice the actual damages incurred by the protected person; and

      (b) Attorney’s fees and costs.

      (Added to NRS by 2017, 2552)

APPEALS

      NRS 159.375  Appeals to appellate court of competent jurisdiction.  In addition to any order from which an appeal is expressly authorized pursuant to this chapter, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after its notice of entry from an order:

      1.  Granting or revoking letters of guardianship.

      2.  Directing or authorizing the sale or conveyance, or confirming the sale, of property of the estate of a protected person.

      3.  Settling an account.

      4.  Ordering or authorizing a guardian to act pursuant to NRS 159.113.

      5.  Ordering or authorizing the payment of a debt, claim, devise, guardian’s fees or attorney’s fees.

      6.  Determining ownership interests in property.

      7.  Granting or denying a petition to enforce the liability of a surety.

      8.  Granting or denying a petition for modification or termination of a guardianship.

      9.  Granting or denying a petition for removal of a guardian or appointment of a successor guardian.

      (Added to NRS by 2003, 1769; A 2013, 1749) — (Substituted in revision for NRS 159.325)