[Rev. 6/29/2024 3:07:19 PM--2023]
CHAPTER 159A - GUARDIANSHIP OF MINORS
GENERAL PROVISIONS
NRS 159A.013 Definitions.
NRS 159A.014 “Care provider” defined.
NRS 159A.0145 “Citation” defined.
NRS 159A.015 “Court” defined.
NRS 159A.017 “Guardian” defined.
NRS 159A.018 “Home state” defined.
NRS 159A.0195 “Interested person” defined.
NRS 159A.023 “Minor” defined.
NRS 159A.0235 “Person of natural affection” defined.
NRS 159A.024 “Private professional guardian” defined.
NRS 159A.025 “Proposed protected minor” defined.
NRS 159A.0251 “Protected minor” defined.
NRS 159A.0253 “Protected person” defined.
NRS 159A.0255 “Secured residential long-term care facility” defined.
NRS 159A.0265 “State” defined.
NRS 159A.028 Terms: “Writing” or “written.”
NRS 159A.033 Application to guardians ad litem.
PROCEDURE IN GUARDIANSHIP PROCEEDINGS
NRS 159A.034 Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court.
NRS 159A.0345 Court authorized to alter requirements concerning publication of notice or citation.
NRS 159A.0355 Facsimile of certain papers may be filed with court.
NRS 159A.036 Giving of notices and issuance of citations by clerk of court.
NRS 159A.037 Venue for appointment of guardian.
NRS 159A.039 Proceedings commenced in more than one county.
NRS 159A.041 Transfer of proceedings to another county.
NRS 159A.043 Titles of petitions; captions of petitions and other documents.
NRS 159A.044 Petition for appointment of guardian: Who may submit; content.
NRS 159A.0445 Filing of proposed preliminary care plan and budget.
NRS 159A.045 Appointment of attorney to represent protected minor or proposed protected minor; duties; compensation.
NRS 159A.0455 Appointment of guardian ad litem or advocate for best interests of protected minor or proposed protected minor; requirements; duties; compensation.
NRS 159A.046 Appointment and duties of investigators; payment of expenses associated with investigation in certain circumstances.
NRS 159A.047 Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service.
NRS 159A.0475 Manner of serving citation.
NRS 159A.048 Contents of citation; appointment of attorney, guardian ad litem or advocate for best interests of proposed protected minor during proceedings on citation.
NRS 159A.0483 Attorney for protected minor or proposed protected minor.
NRS 159A.0486 Finding of vexatious litigant; sanctions.
APPOINTMENT OF GUARDIANS
NRS 159A.0487 Types of guardians.
NRS 159A.049 Appointment without issuance of citation.
NRS 159A.052 Temporary guardian for proposed protected minor in need of immediate medical attention: Petition for appointment; conditions; required notice; extension.
NRS 159A.053 Temporary guardian for person, estate, or person and estate of proposed protected minor: Petition for appointment; required notice; extension; limited powers.
NRS 159A.0535 Attendance of proposed protected minor at hearing.
NRS 159A.054 Finding of court upon petition: Dismissal of petition; appointment of guardian.
NRS 159A.055 Burden of proof; order appointing guardian; notice of entry of order.
NRS 159A.056 Order for payment for support of proposed protected minor; assignment of payment to guardian.
NRS 159A.0565 Visitation between protected minor and parents or certain relatives.
NRS 159A.057 Appointment of guardian for two or more proposed protected minors; powers, duties and termination of such guardianships.
NRS 159A.059 Qualifications of guardian.
NRS 159A.0595 Private professional guardians.
NRS 159A.061 Preference for appointment of parent as guardian for proposed protected minor; exception; other considerations in determining qualifications and suitability of guardian.
NRS 159A.0615 Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation.
NRS 159A.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 159A.062 Guardian nominated by will.
NRS 159A.065 Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances.
NRS 159A.067 Bond: Court may require increase, decrease or other change; exoneration of former sureties.
NRS 159A.069 Bond: Filing; remedy for breach.
NRS 159A.071 Bond: Limitations on action.
NRS 159A.073 Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances.
NRS 159A.074 Copy of order of appointment to be served upon protected minor; notice of entry of order to be filed with court.
NRS 159A.075 Letters of guardianship.
ADMINISTRATION OF SMALLER ESTATES
NRS 159A.0755 Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate.
NRS 159A.076 Summary administration.
POWERS AND DUTIES OF GUARDIANS
NRS 159A.077 General functions of guardian of person and estate.
NRS 159A.078 Petition by guardian or other interested person for order authorizing or directing guardian to take certain actions.
NRS 159A.079 General functions of guardian of person; establishment or change of residence of protected minor by guardian.
NRS 159A.0805 Approval of court required before guardian may consent to certain treatment of or experiment on protected minor; conditions for approval.
NRS 159A.0807 Moving location of protected minor: Filing and service of notice of intent to move; necessary temporary action authorized for emergency conditions; circumstances in which notice not required.
NRS 159A.0809 Notification to interested persons and persons of natural affection required upon impending death or death of protected minor or obtaining information concerning burial or cremation of protected minor.
NRS 159A.081 Reports by guardian of person.
NRS 159A.083 General functions of guardian of estate.
NRS 159A.085 Inventory, supplemental inventory and appraisal of property of protected minor.
NRS 159A.086 Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal.
NRS 159A.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 159A.087 Recording letters of guardianship.
NRS 159A.089 Possession of and title to property of protected minor; guardian to secure certain documents.
NRS 159A.0893 Access to account or other assets of protected minor.
NRS 159A.0895 Assets retained to pay expenses of funeral and disposal of remains of protected minor: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected minor.
NRS 159A.091 Discovery of debts or property.
NRS 159A.093 Collecting obligations due protected minor; order for payment of support of protected minor; notice.
NRS 159A.095 Representing protected minor in legal proceedings.
NRS 159A.097 Voidable contracts and transactions of protected minor.
NRS 159A.099 Liability of guardian of estate on contracts for protected minor.
NRS 159A.103 Claims against estate of protected minor.
NRS 159A.105 Payment of claims of guardian and claims arising from contracts of guardian; report of claims and payment.
NRS 159A.107 Presentment and verification of claims.
NRS 159A.109 Examination and allowance or rejection of claims by guardian.
NRS 159A.111 Recourse of claimant when claim rejected or not acted upon.
NRS 159A.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 159A.113 Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition.
NRS 159A.115 Notice of hearing of petition or account.
NRS 159A.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 159A.121 Borrowing money for protected minor.
NRS 159A.123 Contracts of protected minor.
NRS 159A.125 Gifts from estate of protected minor.
TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY
General Provisions
NRS 159A.127 Purposes for which property of protected minor may be sold, leased or placed in trust.
NRS 159A.132 Property of protected minor subject to sale.
Sale of Real Property
NRS 159A.134 Selling real property of protected minor.
NRS 159A.136 Order requiring guardian to sell real property of estate.
NRS 159A.1365 Application of money from sale of real property of protected minor that is subject to mortgage or other lien.
NRS 159A.1375 Sale of real property of protected minor to holder of mortgage or lien on such property.
NRS 159A.138 Sale of equity of estate in real property of protected minor that is subject to mortgage or lien and of property that is subject to mortgage or lien.
NRS 159A.1385 Contract for sale of real property of protected minor authorized; limitation on commission; liability of guardian and estate.
NRS 159A.1415 Presentation of offer to purchase real property to court for confirmation; division of commission for sale of such property.
NRS 159A.142 Sale of interest of protected minor in real property owned jointly with one or more persons.
NRS 159A.1425 Notice of sale of real property of protected minor: When required; manner of providing; waiver; content.
NRS 159A.144 Sale of real property of guardianship estate: Requirements for establishing date; manner of making offers.
NRS 159A.1455 Confirmation by court of sale of real property of guardianship estate.
NRS 159A.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 159A.1465 Conveyance of real property of guardianship estate to purchaser upon confirmation of sale by court.
NRS 159A.1475 Sale of real property made upon credit.
NRS 159A.148 Neglect or refusal of purchaser of real property to comply with terms of sale.
NRS 159A.1495 Fraudulent sale of real property of protected minor by guardian.
NRS 159A.1505 Periods of limitation for actions to recover or set aside sale of real property.
Sale of Personal Property
NRS 159A.1515 Sale of personal property of protected minor by guardian without notice.
NRS 159A.152 Sale of security of protected minor by guardian.
NRS 159A.1535 Notice of sale of personal property of protected minor.
NRS 159A.154 Place and manner of sale of personal property of protected minor; report by guardian; first right of refusal of family members.
NRS 159A.156 Sale of interest in personal property pledged to protected minor and choses in action of estate of protected minor.
Lease of Property
NRS 159A.157 Lease of property of protected minor.
NRS 159A.159 Contract with broker to secure lessee.
NRS 159A.161 Petition for approval of lease: Content; conditions for approval.
NRS 159A.163 Agreement for rental or bailment of personal property.
NRS 159A.165 Lease of mining claim or mineral rights; option to purchase.
Agreement to Sell or Give Option to Purchase Mining Claim
NRS 159A.1653 Petition to enter into agreement; setting date of hearing; notice.
NRS 159A.1657 Hearing on petition; court order; recording of court order.
NRS 159A.166 Bond and actions required upon court order to enter into agreement.
NRS 159A.1663 Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement.
NRS 159A.1667 Petition for confirmation of proceedings concerning agreement: When required; notice; hearing.
Miscellaneous Provisions
NRS 159A.167 Special sale of property of protected minor or surrender of interest therein.
NRS 159A.169 Advice, instructions and approval of acts of guardian.
NRS 159A.171 Executing and recording legal documents.
NRS 159A.175 Exchange or partition of property of protected minor.
ACCOUNTINGS
NRS 159A.176 Review of guardianship by court.
NRS 159A.177 Time for filing account; service of account.
NRS 159A.179 Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost.
NRS 159A.181 Hearing of account.
NRS 159A.183 Compensation and expenses of guardian.
NRS 159A.184 Accounting by certain care providers.
SUBSTITUTION, REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OF GUARDIANSHIP
Substitution of Guardian
NRS 159A.1845 Appointment of temporary substitute guardian.
Removal of Guardian
NRS 159A.185 Conditions for removal.
NRS 159A.1852 Duty of guardian to notify court if no longer qualified to serve as guardian; appointment of successor guardian.
NRS 159A.1853 Petition for removal.
NRS 159A.1855 Issuance and service of citation concerning filing of petition for removal; actions of court if protected minor or estate may suffer loss or injury during time required for service.
NRS 159A.1857 Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear.
NRS 159A.186 Additional limitation governing removal; considerations for court in determining best interests of protected minor; removal of guardian.
NRS 159A.187 Appointment of successor guardian upon death or removal of existing guardian.
NRS 159A.1871 Appointment of successor guardian immediately or upon designated event.
Resignation of Guardian
NRS 159A.1873 Petition tendering resignation.
NRS 159A.1875 Approval of resignation of guardian of person.
NRS 159A.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 159A.1905 Petition for termination or modification; appointment of attorney to represent protected minor; burden of proof; issuance of citation; penalties for not filing petition in good faith.
NRS 159A.191 Termination of guardianship of person, estate or person and estate; procedure upon death of protected minor.
NRS 159A.1915 Termination of guardianship before emancipation of protected minor; burden of proof.
NRS 159A.192 Termination of temporary guardianship.
NRS 159A.193 Winding up affairs.
NRS 159A.195 Disposition of claims of creditor after termination of guardianship by death of protected minor.
NRS 159A.197 Delivery of physical possession of property of protected minor; petition to modify title to such property; handling property of deceased protected minor.
NRS 159A.199 Discharge of guardian; exoneration of bond; order of discharge.
Maintenance of Records
NRS 159A.19905 Time period for which certain records are required to be maintained.
TRANSFER OF JURISDICTION OF GUARDIANSHIPS
NRS 159A.2023 Transfer of jurisdiction of guardianship to another state.
NRS 159A.2024 Transfer of jurisdiction of guardianship from another state to this State.
REGISTRATION OF GUARDIANSHIP ORDERS
NRS 159A.2025 Registration of guardianship orders issued in another state.
NRS 159A.2027 Effect of registration of guardianship orders issued in another state.
TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA
NRS 159A.203 Delivering property or paying obligations to foreign guardian.
APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT
NRS 159A.205 Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination.
NRS 159A.215 Guardian of person of minor child of member of Armed Forces.
ACTS AGAINST OR AFFECTING PROTECTED MINOR OR PROPOSED PROTECTED MINOR
NRS 159A.305 Petition alleging that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property.
NRS 159A.315 Order of court upon findings concerning allegations that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property; nonappearance or noncompliance by person cited; effect of order.
TRUSTS
NRS 159A.339 Assumption of jurisdiction by court of trust of which protected minor is beneficiary.
NRS 159A.3395 Protected minor or attorney entitled to copies of accountings for trust created by or for benefit of protected minor; submission of trust to jurisdiction of court.
MISCELLANEOUS PROVISIONS
NRS 159A.342 Determination as to whether guardian has already been appointed upon application by person to be designated as guardian.
NRS 159A.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 159A.345 Imposition of penalties upon certain misconduct by guardian.
NRS 159A.346 Appropriate actions authorized upon violation by guardian of any right of protected minor.
APPEALS
NRS 159A.375 Appeals to appellate court of competent jurisdiction.
_________
GENERAL PROVISIONS
NRS 159A.013 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159A.014 to 159A.0265, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 815)
NRS 159A.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 minors.
(Added to NRS by 2017, 815)
NRS 159A.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 2017, 815)
NRS 159A.015 “Court” defined. “Court” means any court or judge having jurisdiction of the persons and estates of minors.
(Added to NRS by 2017, 815)
NRS 159A.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, 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 2017, 815)
NRS 159A.018 “Home state” defined. “Home state” means:
1. The state in which the proposed protected minor lived with a parent or a person acting as a parent 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.
2. In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state, with a parent or a person acting as a parent.
(Added to NRS by 2017, 816; A 2021, 201)
NRS 159A.0195 “Interested person” defined. “Interested person” means a person who is entitled to notice of a guardianship proceeding pursuant to NRS 159A.034.
(Added to NRS by 2017, 2546)
NRS 159A.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 the guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191.
(Added to NRS by 2017, 816, 868)
NRS 159A.0235 “Person of natural affection” defined. “Person of natural affection” means a person who is not a family member of a protected minor 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 159A.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 159A.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.
(Added to NRS by 2017, 816, 2423)
NRS 159A.025 “Proposed protected minor” defined. “Proposed protected minor” means any 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 2017, 816)
NRS 159A.0251 “Protected minor” defined. “Protected minor” means any minor for whom a guardian has been appointed.
(Added to NRS by 2017, 816)
NRS 159A.0253 “Protected person” defined. “Protected person” means any person for whom a guardian has been appointed.
(Added to NRS by 2017, 816)
NRS 159A.0255 “Secured residential long-term care facility” defined. “Secured residential long-term care facility” has the meaning ascribed to it in NRS 159.0255.
(Added to NRS by 2017, 816)
NRS 159A.0265 “State” defined. “State” has the meaning ascribed to it in NRS 159.0265.
(Added to NRS by 2017, 816)
NRS 159A.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 2017, 816)
NRS 159A.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 2017, 816)
PROCEDURE IN GUARDIANSHIP PROCEEDINGS
NRS 159A.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) Any protected minor who is 14 years of age or older, regardless of whether the protected minor is considered to have the capacity to understand or appreciate the contents of the petition.
(b) The parent or legal guardian of any protected minor who is less than 14 years of age.
(c) All known relatives of the protected minor who are within the second degree of consanguinity.
(d) 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.
(e) The guardian, if the petitioner is not the guardian.
(f) Any person or care provider who is providing care for the protected minor, except that if the person or care provider is not related to the protected minor, such person or care provider must not receive copies of any inventory or accounting.
(g) The Director of the Department of Health and Human Services if the protected minor has received or is receiving benefits from Medicaid.
(h) Those persons entitled to notice if a proceeding were brought in the protected minor’s home state.
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 the Nevada Rules of Civil Procedure. 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 minor listed in paragraph (c) 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 2017, 816, 3901)
NRS 159A.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 2017, 817)
NRS 159A.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 2017, 817)
NRS 159A.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 2017, 817)
NRS 159A.037 Venue for appointment of guardian.
1. The venue for the appointment of a guardian when the proposed protected minor’s home state is this State must be the county where the proposed protected minor 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 2017, 818)
NRS 159A.039 Proceedings commenced in more than one county.
1. If proceedings for the appointment of a guardian for the same proposed protected minor are commenced in more than one county in this State, and the proposed protected minor’s home state is this State, the proceedings must 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 extend to all the property of the proposed protected minor which is in this State.
(Added to NRS by 2017, 818)
NRS 159A.041 Transfer of proceedings to another county. A court having before it any guardianship matter for a minor whose home state is this State may transfer the matter to another county in the interest of the minor or, if not contrary to the interest of the minor, 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 minor or, if not contrary to the interest of the minor, 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 must be as though they were commenced in that court.
(Added to NRS by 2017, 818)
NRS 159A.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), protected minor.”
(Added to NRS by 2017, 818, 2553)
NRS 159A.044 Petition for appointment of guardian: Who may submit; content.
1. Except as otherwise provided in NRS 127.045, a proposed protected minor, 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 minor.
(c) A copy of one of the following forms of identification of the proposed protected minor 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 birth certificate;
(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.
Ę 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) The date on which the proposed protected minor will attain the age of majority and:
(1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and
(2) Whether the petitioner anticipates that the proposed protected minor will need guardianship after attaining the age of majority.
(e) Whether the proposed protected minor is a resident or nonresident of this State.
(f) The names and addresses of the relatives of the proposed protected minor who are within the second degree of consanguinity.
(g) 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 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.
(h) 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 birth certificate;
(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.
(i) 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.
(j) A summary of the reasons why a guardian is needed and any available documentation demonstrating the need for a guardianship, including, without limitation, any orders or other information from a court concerning the custody of the proposed protected minor.
(k) A general description and the probable value of the property of the proposed protected minor and any income to which the proposed protected minor is or will be entitled, if the petition is for the appointment of a guardian of the estate.
(l) The name and address of any person or care provider having the care, custody or control of the proposed protected minor.
(m) If a petitioner is not a parent of the proposed protected minor, a declaration explaining the relationship of the petitioner to the proposed protected minor or to the proposed protected minor’s parents and the interest, if any, of that petitioner in the appointment.
(n) Requests for any of the specific powers set forth in NRS 159A.165 to 159A.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 or neglect of the proposed protected minor, whether the referral was from a law enforcement agency or a state or county agency.
(p) Whether the proposed protected minor 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 guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.
(Added to NRS by 2017, 90, 818, 1622, 2271)
NRS 159A.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 159A.045 Appointment of attorney to represent protected minor or proposed protected minor; duties; compensation.
1. On or after the date of the filing of a petition to appoint a guardian:
(a) The court may appoint an attorney to represent the protected minor or proposed protected minor; and
(b) The attorney must represent the protected minor or proposed protected minor until relieved of that duty by court order.
2. The attorney is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. 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 minor or proposed protected minor all or part of the expenses associated with the appointment of the attorney.
3. An attorney who is appointed pursuant to subsection 1 may not serve as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor.
(Added to NRS by 2017, 820)
NRS 159A.0455 Appointment of guardian ad litem or advocate for best interests of protected minor or proposed protected minor; requirements; duties; compensation.
1. The court may appoint a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is the subject of guardianship proceedings conducted pursuant to this chapter if the court believes that the minor could benefit from that appointment.
2. The court may not appoint an attorney as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor unless:
(a) The court believes that an attorney who represents the protected minor or proposed protected minor is unable to provide information which is required by the court to make a determination on the best interests of the minor;
(b) No volunteer is available to serve as an advocate; or
(c) Extraordinary circumstances exist in which an attorney may assist the court as an advocate.
3. A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is appointed pursuant to subsection 1:
(a) Is an officer of the court;
(b) Does not represent the protected minor or proposed protected minor;
(c) Shall not offer legal advice;
(d) Is not a party to the case;
(e) Shall advocate for the best interests of the protected minor or proposed protected minor;
(f) Shall provide information to the court in accordance with applicable court rule; and
(g) Shall serve until relieved of that duty by court order.
4. A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. If the protected minor or proposed protected minor is indigent, the court may order such compensation to be paid by the county. If the court finds that a person has unnecessarily or unreasonably caused the appointment of a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor, the court may order the person to pay to the estate of the protected minor or proposed protected minor all or part of the expenses associated with the appointment of the guardian ad litem or advocate for the best interests of the protected minor or proposed protected minor.
(Added to NRS by 2017, 820)
NRS 159A.046 Appointment and duties of investigators; payment of expenses associated with investigation in certain circumstances.
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 minor and other public and private resources available to the proposed protected minor.
(b) Determine any competing interests in the appointment of a guardian.
(c) Investigate allegations or claims which affect a proposed protected minor.
(d) Investigate the suitability of a proposed guardian to provide for the basic needs of a proposed protected minor, including, without limitation, food, clothing, shelter, medical care and education.
(e) Locate relatives of the proposed protected minor who are within the second degree of consanguinity.
2. An investigator may be an employee of the court or a person retained under contract with the court.
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 minor.
4. If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the person to pay to the court all or part of the expenses associated with the investigation.
(Added to NRS by 2017, 821)
NRS 159A.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 159A.0475, 159A.049, 159A.052 and 159A.053, upon the filing of a petition under NRS 159A.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 minor.
2. A citation issued under subsection 1, together with a copy of the petition filed under NRS 159A.044, must be served upon:
(a) A proposed protected minor who is 14 years of age or older, regardless of whether the proposed protected minor is considered to have the capacity to understand or appreciate the contents of the citation and petition;
(b) All known relatives of the proposed protected minor 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 minor;
(d) Any person or officer of a care provider having the care, custody or control of the proposed protected minor;
(e) The proposed guardian, if the petitioner is not the proposed guardian; and
(f) The Director of the Department of Health and Human Services if the proposed protected minor has received or is receiving any benefits from Medicaid.
3. A person who serves notice upon a proposed protected minor 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 minor in accordance with the provisions of NRS 159A.0475.
(Added to NRS by 2017, 821, 3902)
NRS 159A.0475 Manner of serving citation.
1. A copy of the citation issued pursuant to NRS 159A.047, together with a copy of the petition filed under NRS 159A.044, must be served:
(a) Except as otherwise ordered by the court, on a proposed protected minor who is 14 years of age or older by personal service in the manner provided pursuant to the Nevada Rules of Civil Procedure at least 10 days before the date set for the hearing; and
(b) On each person required to be served pursuant to NRS 159A.047 other than a proposed protected minor 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 the Nevada Rules of Civil Procedure 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 the Nevada Rules of Civil Procedure. 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 minor and an affidavit of such service has been filed with the court pursuant to subsection 3 of NRS 159A.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 guardian required to be served pursuant to NRS 159A.047; and
(c) At least one relative of the proposed protected minor who is required to be served pursuant to NRS 159A.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 minor has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.
(Added to NRS by 2017, 822, 3903)
NRS 159A.048 Contents of citation; appointment of attorney, guardian ad litem or advocate for best interests of proposed protected minor during proceedings on citation. The citation issued pursuant to NRS 159A.047 must state that:
1. A guardian may be appointed for the proposed protected minor;
2. The rights of the proposed protected minor and of any person having legal or physical custody of the proposed protected minor may be affected as specified in the petition;
3. The proposed protected minor has the right to appear at the hearing and to oppose the petition;
4. The proposed protected minor has the right to be represented by an attorney; and
5. At any time during proceedings on the citation, the court may appoint for the proposed protected minor:
(a) An attorney.
(b) A guardian ad litem or an advocate for the best interests of the proposed protected minor pursuant to NRS 159A.0455.
(Added to NRS by 2017, 822)
NRS 159A.0483 Attorney for protected minor or proposed protected minor. A protected minor or proposed protected minor who is the subject of proceedings held pursuant to this chapter may be represented by an attorney at all stages of the proceedings. If the protected minor or proposed protected minor is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.
(Added to NRS by 2017, 823)
NRS 159A.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 minor:
(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 minor for all or part of the expenses incurred by the estate of the protected minor 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 2017, 823)
APPOINTMENT OF GUARDIANS
NRS 159A.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 minors whose home state is this State.
2. Guardians of the person or of the person and estate for minors who, although not residents of this State or whose home state is not this State, are physically present in this State and whose welfare and best interest requires such an appointment pursuant to chapter 125A of NRS.
3. Guardians of the person, of the estate, or of the person and estate for minors if the court otherwise has jurisdiction to make an initial child custody determination pursuant to NRS 125A.305.
4. Guardians of the estate for nonresident minors who have property within this State.
5. Guardians ad litem.
(Added to NRS by 2017, 823; A 2021, 201)
NRS 159A.049 Appointment without issuance of citation. The court may, without issuing a citation, appoint a guardian for the proposed protected minor if the petitioner is a parent who has sole legal and physical custody of the proposed protected minor as evidenced by a valid court order or birth certificate and who is seeking the appointment of a guardian for the minor child of the parent. If the proposed protected minor is a minor who is 14 years of age or older:
1. The petition must be accompanied by the written consent of the minor to the appointment of the guardian; or
2. The minor must consent to the appointment of the guardian in open court.
(Added to NRS by 2017, 823)
NRS 159A.052 Temporary guardian for proposed protected minor in need of immediate medical attention: Petition for appointment; conditions; required notice; extension.
1. A petitioner may request the court to appoint a temporary guardian for a proposed protected minor who is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian. 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 minor needs immediate medical attention and, without the appointment of a temporary guardian, cannot obtain that medical attention. Such documentation must include, without limitation, a copy of the birth certificate of the proposed protected minor or other documentation verifying the age of the proposed protected minor.
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 by telephone or in writing before the filing of the petition;
(2) The proposed protected minor 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 159A.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159A.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 minor is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.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 159A.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 was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstances or determined that such 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 159A.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, if the court finds by clear and convincing evidence that the protected minor continues to be in need of immediate medical attention which he or she cannot obtain without the extension of the temporary guardianship, the court may, pursuant to subsection 8, extend the temporary guardianship until a general guardian is appointed.
6. If the court appoints a temporary guardian or extends a temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the 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 159A.0475 have been satisfied; or
(b) Notice by publication pursuant to the Nevada Rules of Civil Procedure 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.
(Added to NRS by 2017, 823)
NRS 159A.053 Temporary guardian for person, estate, or person and estate of proposed protected minor: Petition for appointment; required notice; extension; limited powers.
1. A petitioner may request that the court appoint a temporary guardian for the person or the estate, or both, of a proposed protected minor by filing a verified petition.
2. The petition must state facts which establish good cause for the appointment of a temporary guardian and which show that:
(a) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 by telephone or in writing before the filing of the petition;
(b) The proposed protected minor would be exposed to an immediate risk of physical, emotional or financial harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159A.047 before the court determines whether to appoint a temporary guardian; or
(c) Giving notice to the persons entitled to notice pursuant to NRS 159A.047 is not feasible under the circumstances.
3. A petition which seeks an ex parte appointment of a temporary guardian must be accompanied by an affidavit which explains the emergency that requires a temporary guardian to be appointed before a hearing.
4. If no parent of the proposed protected minor has had the care, custody and control of the minor for the 6 months immediately preceding the petition, temporary guardianship of the person of the minor is presumed to be in the best interest of the minor.
5. The court may, upon that petition or other showing as it may require, appoint a temporary guardian of the person or the estate, or both, of the proposed protected minor.
6. Except as otherwise provided in subsection 7, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159A.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.
7. If, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstances or determined that such notice was not required pursuant to paragraph (b) or (c) of subsection 2, the petitioner shall notify the persons entitled to notice pursuant to NRS 159A.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.
8. Not later than 10 days after the date of an ex parte appointment of a temporary guardian pursuant to subsection 5, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 9, if the court finds by clear and convincing evidence that the protected minor continues to be in need of a temporary guardian, the court may, pursuant to subsection 10, extend the temporary guardianship until a general guardian is appointed.
9. The court may not extend a temporary guardianship pursuant to subsection 8 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159A.0475 have been satisfied; or
(b) Notice by publication pursuant to the Nevada Rules of Civil Procedure is currently being undertaken.
10. The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, unless extraordinary circumstances necessitate a longer duration for the temporary guardianship.
11. If for any reason a guardian who is appointed for a protected minor cannot perform the duties of a guardian, the court may, upon a petition filed to request temporary guardianship for the minor, appoint a temporary guardian to exercise the powers of a guardian until another guardian is appointed for the minor.
(Added to NRS by 2017, 825)
NRS 159A.0535 Attendance of proposed protected minor at hearing.
1. A proposed protected minor 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 specifically states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minor’s attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor; or
(b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minor’s attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor.
2. A proposed protected minor found in this State who cannot attend the hearing for the appointment of a guardian as set forth in a certificate pursuant to subsection 1 may appear by telephone or by videoconference or any other means that uses audio-video communication.
3. 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.
4. If the proposed protected minor is not in this State, the proposed protected minor must attend the hearing only if the court determines that the attendance of the proposed protected minor is necessary in the interests of justice.
5. As used in this section, “audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.
(Added to NRS by 2017, 826; A 2019, 1245)
NRS 159A.054 Finding of court upon petition: Dismissal of petition; appointment of guardian.
1. If the court finds that the proposed protected minor is not in need of a guardian, the court shall dismiss the petition.
2. If the court finds that appointment of a guardian is required, the court shall appoint a guardian of the proposed protected minor’s person, estate, or person and estate.
3. The court shall not find that a proposed protected minor is in need of a guardian solely because the person currently responsible for the proposed protected minor:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
4. As used in this section:
(a) “Blind” has the meaning ascribed to it in NRS 426.082.
(b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the medical use of cannabis; or
(2) A designated primary caregiver as defined in NRS 678C.040.
(Added to NRS by 2017, 826, 3905; A 2019, 2758)
NRS 159A.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 minor, 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, or of the person and estate;
(b) Specify whether the proposed protected minor is a resident or nonresident of this State;
(c) Specify the amount of the bond to be executed and filed by the guardian;
(d) Designate the names and addresses, so far as may be determined, of:
(1) The relatives of the proposed protected minor upon whom notice must be served pursuant to NRS 159A.047; and
(2) Any other interested person; and
(e) Specify whether the proposed protected minor will require a guardianship after reaching 18 years of age.
3. A notice of entry of the court order must be sent to:
(a) The relatives of the proposed protected minor upon whom notice must be served pursuant to NRS 159A.047; and
(b) Any other interested person.
(Added to NRS by 2017, 827)
NRS 159A.056 Order for payment for support of proposed protected minor; assignment of payment to guardian. If a court order is in effect for payment for the support of a proposed protected minor, upon entry of an order appointing a guardian for the minor, the court shall order the assignment of the payment to the guardian for the support of that minor.
(Added to NRS by 2017, 827)
NRS 159A.0565 Visitation between protected minor and parents or certain relatives. In an order appointing a guardian or in any order thereafter, the court may award rights of visitation between a protected minor and his or her parents or relatives who are within the fourth degree of consanguinity.
(Added to NRS by 2017, 827)
NRS 159A.057 Appointment of guardian for two or more proposed protected minors; powers, duties and termination of such guardianships.
1. Where the appointment of a guardian is sought for two or more proposed protected minors who are children of a common parent, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed protected minor or protected minors.
2. If a guardian is appointed for such proposed protected minors, the guardian:
(a) Shall keep separate accounts of the estate of each protected minor;
(b) May make investments for each protected minor;
(c) May compromise and settle claims against one or more protected minors; and
(d) May sell, lease, mortgage or otherwise manage the property of one or more protected minors.
3. The guardianship may be terminated with respect to less than all the protected minors in the same manner as provided by law with respect to a guardianship of a single protected minor.
(Added to NRS by 2017, 827)
NRS 159A.059 Qualifications of guardian. 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 2017, 828)
NRS 159A.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 159A.061;
(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 2017, 828, 2424)
NRS 159A.061 Preference for appointment of parent as guardian for proposed protected minor; exception; other considerations in determining qualifications and suitability of guardian.
1. The parents of a proposed protected minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the person or estate or person and estate of the proposed protected minor. The appointment of a parent as guardian for the person or estate of a proposed protected minor must not conflict with a valid order for custody of the proposed protected minor.
2. Except as otherwise provided in subsection 4, if a parent of a proposed protected minor files a petition seeking appointment as guardian for the proposed protected minor, the parent is presumed to be suitable to serve as guardian for the proposed protected minor.
3. In determining whether the parents of a proposed protected minor, or either parent, or any other person who seeks appointment as guardian for the proposed protected minor is qualified and suitable, the court shall consider, if applicable and without limitation:
(a) Which parent has physical custody of the proposed protected minor;
(b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking into consideration any special needs of the proposed protected minor;
(c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of cannabis in accordance with the provisions of chapter 678C of NRS;
(d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;
(e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony; and
(f) Whether the parents, parent or other person has engaged in one or more acts of domestic violence against the proposed protected minor, a parent of the proposed protected minor or any other person who resides with the proposed protected minor.
4. A parent of a proposed protected minor is presumed to be unsuitable to care for the proposed protected minor if:
(a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:
(1) Food;
(2) Shelter;
(3) Clothing;
(4) Medical care; and
(5) Education;
(b) Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor; or
(c) The proposed protected minor has not been in the care, custody and control of the parent for the 6 months immediately preceding the filing of the petition. The presumption created by this paragraph is a rebuttable presumption.
5. Subject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.
6. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsections 2, 3 and 4, give consideration, among other factors, to:
(a) Any nomination of a guardian for the proposed protected minor contained in a will or other written instrument executed by a parent of the proposed protected minor.
(b) Any request made by the proposed protected minor, if he or she is 14 years of age or older, for the appointment of a person as guardian for the proposed protected minor.
(c) The relationship by blood or adoption of the proposed guardian to the proposed protected minor. 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 relatives in the following order of preference:
(1) Parent.
(2) Adult sibling.
(3) Grandparent.
(4) Uncle or aunt.
(d) Any recommendation made by a master of the court or special master pursuant to NRS 159A.0615.
(e) Any recommendation made by:
(1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or
(2) A guardian ad litem or court appointed special advocate who represents the proposed protected minor.
(f) Any request for the appointment of any other interested person that the court deems appropriate.
7. The court may award temporary guardianship pursuant to this section, supported by findings of suitability, pending a trial or evidentiary hearing if that appointment is supported by findings.
8. Notwithstanding the presumption set forth in subsection 4, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.
9. In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.
10. A court shall not refuse to appoint a person as a guardian of the person or estate of a proposed protected minor solely because the person:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
11. As used in this section:
(a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
(b) “Blind” has the meaning ascribed to it in NRS 426.082.
(c) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the medical use of cannabis; or
(2) A designated primary caregiver as defined in NRS 678C.040.
(Added to NRS by 2017, 828; A 2019, 2758, 3844)
NRS 159A.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 minor 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 minor.
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 minor.
(Added to NRS by 2017, 830)
NRS 159A.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 159A.0615 finds that a parent or other relative, teacher, friend or neighbor of a proposed protected minor or any other interested person:
1. Has a personal interest in the well-being of the proposed protected minor; or
2. Possesses information that is relevant to the determination of who should serve as guardian for the proposed protected minor,
Ę the court or a master of the court or special master appointed pursuant to NRS 159A.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 minor.
(Added to NRS by 2017, 830)
NRS 159A.062 Guardian nominated by will. A parent of a minor 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 2017, 831)
NRS 159A.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 minor and the estate of the protected minor, 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 minor, no bond is required of the guardian, unless specifically required by the court.
3. Joint guardians may unite in a bond to the protected minor or protected minors, or each may give a separate bond.
4. If there are no assets of the protected minor, 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 2017, 831)
NRS 159A.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, if 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 2017, 831)
NRS 159A.069 Bond: Filing; remedy for breach. Every bond given by a guardian must 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 minor or protected minors jointly if all are interested, or of any person interested in the estate, and such bond is not void on the first recovery. If the action on the bond is in behalf of one protected minor on a bond given to more than one protected minor, the other protected minors mentioned in the bond need not be united in or made parties to such action.
(Added to NRS by 2017, 831)
NRS 159A.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 after 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 2017, 832)
NRS 159A.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 provided 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 minor at all times.
(II) Provide the protected minor 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 minor and utilize the income, assets and estate of the protected minor solely for the benefit of the protected minor.
(IV) Maintain the assets of the protected minor in the name of the protected minor or the name of the guardianship. The assets of the protected minor must not be commingled with the assets of any third party.
(V) Provide notification of the death of the protected minor in accordance with NRS 159A.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 minor 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 minor.
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 2017, 832, 2556)
NRS 159A.074 Copy of order of appointment to be served upon protected minor; 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 minor 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 protected minor’s attorney, if any, and the investigator.
3. A notice of entry of the order must be filed with the court.
(Added to NRS by 2017, 832)
NRS 159A.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) for ........................ (name of protected minor), a minor, 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) for the named protected minor 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 2017, 833)
ADMINISTRATION OF SMALLER ESTATES
NRS 159A.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 minor 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 2017, 833)
NRS 159A.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 protected minor’s property does not exceed $10,000.
2. If the court grants a summary administration, the court may:
(a) Authorize the guardian of the estate who is authorized to manage the protected minor’s property 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 159A.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the protected minor. The court may dispense with annual accountings and all other proceedings required by this chapter.
(b) Terminate the guardianship of the estate and direct the guardian to deliver the protected minor’s property to the custodial parent or parents, guardian or custodian of the protected minor to hold, invest or use as the court may order.
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 minor 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 2017, 833)
POWERS AND DUTIES OF GUARDIANS
NRS 159A.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 2017, 834)
NRS 159A.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) 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 minor 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 minor 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 minor;
(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 minor to qualify for a federal program of public assistance.
(b) Create for the benefit of the protected minor or others a revocable or irrevocable trust of the property of the estate.
(c) Except as otherwise provided in this paragraph, exercise the right of the protected minor 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 minor to reserve the right of revocation or modification exclusively to the protected minor;
(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 minor 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 minor or estate of the protected minor 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 minor; 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 minor 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 minor;
(b) A concise statement as to the condition of the protected minor’s estate; 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 minor to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the protected minor with the intention of permanently depriving the protected minor of the ownership, use, benefit or possession of the protected minor’s money, assets or property.
(2) Convert money, assets or property of the protected minor with the intention of permanently depriving the protected minor of the ownership, use, benefit or possession of the protected minor’s money, assets or property.
Ę 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 minor of the protected minor’s rights or property or to otherwise injure the protected minor.
(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 2017, 834)
NRS 159A.079 General functions of guardian of person; establishment or change of residence of protected minor 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 minor, 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 minor, including, without limitation, the following:
(a) Supplying the protected minor with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected minor based on the financial situation and needs of the protected minor, 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 minor and commencing a proceeding if any property of the protected minor is in need of protection.
(c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected minor.
(d) Seeing that the protected minor is properly trained and educated and that the protected minor 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 minor. A guardian of the person may be required to incur expenses on behalf of the protected minor if the estate of the protected minor is insufficient to reimburse the guardian.
3. A guardian of the person is the protected minor’s personal representative 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 protected minor’s health care or health insurance.
4. A guardian of the person may, subject to the provisions of subsection 6 and NRS 159A.0807, establish and change the residence of the protected minor 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 minor 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 minor to a location outside of this State. The guardian must show that changing the residence of the protected minor to a location outside of this State is in the best interest of the protected minor or that there is no appropriate residence available for the protected minor in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159A.1905 or 159A.191 or the jurisdiction of the guardianship is transferred to the other state. Not later than 6 months after changing the residence of a protected minor to a location outside of this State, the guardian shall file a petition for guardianship in the state of the protected minor’s residence.
6. A guardian of the person must file a notice with the court of his or her intent to move a protected minor to or place a protected minor in a secured residential long-term care facility pursuant to subsection 4 of NRS 159A.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 159A.0807;
(b) The court has previously granted the guardian authority to move the protected minor to or place the protected minor 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.
(Added to NRS by 2017, 835, 2557)
NRS 159A.0805 Approval of court required before guardian may consent to certain treatment of or experiment on protected minor; 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 minor;
(b) The sterilization of a protected minor; or
(c) The participation of a protected minor 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 minor; or
(b) Is intended to assist the protected minor to develop or regain the protected minor’s abilities.
(Added to NRS by 2017, 836)
NRS 159A.0807 Moving location of protected minor: 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 minor 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 minor must not be moved until a guardian is appointed.
3. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159A.079, the guardian shall notify all interested persons in accordance with subsection 4 before the protected minor:
(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 159A.079, a guardian shall file with the court a notice of his or her intent to move the protected minor and shall serve notice upon all interested persons not less than 10 days before moving the protected minor. 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 minor without court permission.
5. If an emergency condition exists, including, without limitation, the health or safety of the protected minor is at risk of imminent harm or the protected minor 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 159A.0809 must include the current location of the protected minor. 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 minor.
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 159A.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 minor 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 159A.0809 Notification to interested persons and persons of natural affection required upon impending death or death of protected minor or obtaining information concerning burial or cremation of protected minor.
1. Except as otherwise provided in NRS 159A.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 minor 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 minor 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 minor.
(c) Upon obtaining any information relating to the burial or cremation of the protected minor.
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 minor or, if the protected minor 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 minor 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 159A.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 minor 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 after changing the residence of a protected minor; 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 minor and any attorney for the protected minor.
3. The court may prescribe the form and contents for filing a report described in subsection 1. Such a report must include, without limitation:
(a) The physical condition of the protected minor;
(b) The place of residence of the protected minor;
(c) The name of all other persons living with the protected minor unless the protected minor 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 2017, 837, 2558, 3910)
NRS 159A.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 minor according to law and for the best interests of the protected minor.
2. Apply the estate of the protected minor for the proper care, maintenance, education and support of the protected minor having due regard for other income or property available to support the protected minor.
3. Have such other authority and perform such other duties as are provided by law.
(Added to NRS by 2017, 837)
NRS 159A.085 Inventory, supplemental inventory and appraisal of property of protected minor.
1. Not later than 60 days after the date of the appointment of a 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 minor which comes to the possession or knowledge of the guardian, including, without limitation, the existence of any trust of which the protected minor is currently a beneficiary who is receiving or is entitled to receive distributions.
2. A temporary guardian of the estate 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 159A.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 minor which has come into the possession of the guardian;
(b) All of the money that belongs to the protected minor; and
(c) All of the just claims of the protected minor 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 minor, his or her attorney and any guardian ad litem representing the protected minor.
5. Whenever any property of the protected minor 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 minor appraised as provided in NRS 159A.0865 and 159A.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 is 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 2017, 837, 1236, 3910)
NRS 159A.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 2017, 838)
NRS 159A.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 minor or proposed protected minor.
(Added to NRS by 2017, 838)
NRS 159A.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 minor 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 minor; and
(c) If the estate of the protected minor 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 2017, 839)
NRS 159A.089 Possession of and title to property of protected minor; 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 minor;
(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 allow the protected minor to have possession and control of the personal property and funds as are appropriate to the needs and capacities of the protected minor.
3. The title to all property of the protected minor is in the protected minor and not in the guardian.
4. A guardian shall secure originals, when available, or copies of any:
(a) Contract executed by the protected minor;
(b) Revocable or irrevocable trust in which the protected minor has a vested interest as a beneficiary; and
(c) Writing evidencing a present or future vested interest in any real or intangible property.
(Added to NRS by 2017, 839)
NRS 159A.0893 Access to account or other assets of protected minor.
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 minor 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 minor, 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) Confidential information concerning the medical condition or the placement of the protected minor; or
(b) Inventory or accounting of the estate of the protected minor.
(Added to NRS by 2017, 839)
NRS 159A.0895 Assets retained to pay expenses of funeral and disposal of remains of protected minor: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected minor.
1. The guardian may retain assets for the anticipated expense of the protected minor’s funeral 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, the assets are not subject to disposition as unclaimed property during the lifetime of the protected minor.
3. Assets so retained may be disbursed for the protected minor’s funeral or the disposal of his or her remains without prior authorization of the court. An amount not so disbursed becomes part of the protected minor’s estate.
(Added to NRS by 2017, 840)
NRS 159A.091 Discovery of debts or property. Upon the filing of a petition in the guardianship proceeding by the guardian, the protected minor or any other interested person, alleging that any person is indebted to the protected minor, has or is suspected of having concealed, embezzled, converted or disposed of any property of the protected minor 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 2017, 840)
NRS 159A.093 Collecting obligations due protected minor; order for payment of support of protected minor; notice.
1. A guardian of the estate:
(a) Shall demand all debts and other choses in action due to the protected minor; and
(b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the protected minor.
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 minor and give a release and discharge to the debtor or other obligor.
3. A guardian of the person:
(a) May obtain an order which requires one or both parents of the protected minor to pay the guardian an amount determined by the court pursuant to NRS 125B.080 for the support of the protected minor.
(b) Shall give notice to the court of the entry of an order for the payment of the support of the protected minor or the approval of any public assistance for the protected minor not later than 30 days after the entry of the order or the approval of public assistance. The guardian shall file a copy of the order of support or document which evidences approval of public assistance with the notice which is filed with the court.
(Added to NRS by 2017, 840, 2284)
NRS 159A.095 Representing protected minor in legal proceedings.
1. A guardian of the estate shall appear for and represent the protected minor in all actions, suits or proceedings to which the protected minor is a party, unless the court finds that the interests of the guardian conflict with the interests of the protected minor 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 minor 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 minor in the action, suit or proceeding.
4. If the protected minor 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 2017, 840, 3911)
NRS 159A.097 Voidable contracts and transactions of protected minor. Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a protected minor made by the protected minor are voidable by the guardian of the estate.
(Added to NRS by 2017, 841)
NRS 159A.099 Liability of guardian of estate on contracts for protected minor. A guardian of the estate is not personally liable on any written or oral contract entered into for or on behalf of the protected minor where the guardian is acting within his or her authority as such guardian. Any action, suit or proceeding on any such contract must be brought against the guardian in his or her fiduciary capacity only, and any judgment or decree obtained in such action, suit or proceeding must be satisfied only from property of the protected minor.
(Added to NRS by 2017, 841)
NRS 159A.103 Claims against estate of protected minor. A guardian of the estate shall pay from the guardianship estate pursuant to NRS 159A.105, 159A.107 and 159A.109 all just claims against the protected minor, 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 2017, 841)
NRS 159A.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 159A.107 and 159A.109:
(a) The guardian’s claims against the protected minor 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 minor.
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 2017, 841, 3912)
NRS 159A.107 Presentment and verification of claims. Except as otherwise provided in NRS 159A.105, all claims against the protected minor, the guardianship estate or the guardian of the estate as such must be presented to the guardian of the estate. Each such claim must be in writing, must describe the nature and the amount of the claim, if ascertainable, and must be accompanied by the affidavit of the claimant, or someone on behalf of the claimant, who has personal knowledge of the fact. The affidavit must 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 must be attached to the claim. The original instrument must 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 must be stated in the claim.
(Added to NRS by 2017, 841)
NRS 159A.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 2017, 842)
NRS 159A.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 minor.
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 2017, 842)
NRS 159A.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 minor or to pay for the welfare of the protected minor to perform that duty; and
(b) Receive money and tangible property deliverable to the protected minor and apply such money and property for the support, care and education of the protected minor. The guardian shall not use any money from the estate of the protected minor 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 minor 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 minor in which there is an adult. The guardian shall exercise care to conserve any excess money for the needs of the protected minor.
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 minor 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 minor for whom a guardian of the estate also has been appointed may receive reasonable sums for any room and board furnished to the protected minor if the guardian of the person presents a claim to the guardian of the estate pursuant to NRS 159A.107 and 159A.109.
4. A guardian of the person may request the guardian of the estate to make a payment from the estate of the protected minor to another person or entity for the care and maintenance of the protected minor in accordance with NRS 159A.107 and 159A.109.
(Added to NRS by 2017, 2551)
MANAGEMENT OF ESTATE
NRS 159A.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 minor pursuant to NRS 159A.117.
(b) Borrow money for the protected minor pursuant to NRS 159A.121.
(c) Except as otherwise provided in NRS 159A.079, enter into contracts for the protected minor or complete the performance of contracts of the protected minor pursuant to NRS 159A.123.
(d) Make gifts from the protected minor’s estate pursuant to NRS 159A.125.
(e) Sell, lease or place in trust any property of the protected minor pursuant to NRS 159A.127.
(f) Exchange or partition the protected minor’s property pursuant to NRS 159A.175.
(g) Exercise or release the power of the protected minor as a donee of a power of appointment.
(h) Exercise the right of the protected minor to take under or against a will.
(i) Transfer to a trust created by the protected minor any property unintentionally omitted from the trust.
(j) Submit a revocable trust or an irrevocable trust to the jurisdiction of the court if:
(1) The protected minor is the grantor and sole beneficiary of the income of the trust; or
(2) The trust was created by the court.
(k) 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 minor.
(l) Transfer money in a protected minor’s blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140.
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 protected minor’s property.
(b) Take any other action which the guardian deems would be in the best interests of the protected minor.
3. The petition must be signed by the guardian and contain:
(a) The name, age, residence and address of the protected minor.
(b) A concise statement as to the condition of the protected minor’s estate.
(c) A concise statement as to the advantage to the protected minor 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 paragraph (c) 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 enter contracts for the protected minor or complete contracts of the protected minor.
(Added to NRS by 2017, 842, 1236)
NRS 159A.115 Notice of hearing of petition or account.
1. Except as otherwise ordered by the court, upon the filing of any petition under NRS 159A.078 or 159A.113, or any account, notice must be given to the protected minor and the persons specified in NRS 159A.034 in the manner prescribed by that section.
2. The notice must:
(a) Give the name of the protected minor.
(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 2017, 844, 3912)
NRS 159A.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 minor, make loans and accept security therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the protected minor 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 minor 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 672.755.
(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.
4. 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 2017, 844)
NRS 159A.121 Borrowing money for protected minor.
1. A guardian of the estate, with prior approval of the court by order, may borrow money for the account of the protected minor when necessary:
(a) To pay claims against the protected minor, the guardianship estate or the guardian of the estate as such.
(b) To provide for the proper care, maintenance, education and support of the protected minor.
(c) For any other purpose that is in the best interests of the protected minor.
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 must 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 must describe the property, if any, to be given as security for each loan.
(Added to NRS by 2017, 844)
NRS 159A.123 Contracts of protected minor. If a protected minor 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 minor while not under any legal disability other than being under the age of majority, 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 minor in the property, and the effect of such conveyance is the same as though made by the protected minor 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 2017, 845)
NRS 159A.125 Gifts from estate of protected minor.
1. A guardian of the estate, with prior approval of the court by order, may, from the estate of the protected minor which is not necessary for the proper care, maintenance, education and support of the protected minor, make reasonable gifts directly, or into a trust, on behalf of the protected minor.
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 is to dispose of assets to make the protected minor eligible for Medicaid; and
(b) Making the gift will cause the protected minor to become eligible for Medicaid.
(Added to NRS by 2017, 845)
TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY
General Provisions
NRS 159A.127 Purposes for which property of protected minor 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 minor:
1. For the purpose of paying claims against the protected minor, 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 minor.
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 minor.
(Added to NRS by 2017, 845)
NRS 159A.132 Property of protected minor subject to sale. Any interest of a protected minor in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.
(Added to NRS by 2017, 845)
Sale of Real Property
NRS 159A.134 Selling real property of protected minor.
1. All sales of real property of a protected minor must be confirmed by the court pursuant to NRS 159A.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 159A.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 159A.1425 and 159A.144, unless the sale was exempt from notice pursuant to NRS 159A.123.
(Added to NRS by 2017, 845, 3912)
NRS 159A.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 minor, 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 2017, 846)
NRS 159A.1365 Application of money from sale of real property of protected minor that is subject to mortgage or other lien. If real property of the estate of a protected minor 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 minor, unless the court orders otherwise.
(Added to NRS by 2017, 846)
NRS 159A.1375 Sale of real property of protected minor 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 2017, 846)
NRS 159A.138 Sale of equity of estate in real property of protected minor 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 2017, 846)
NRS 159A.1385 Contract for sale of real property of protected minor authorized; limitation on commission; liability of guardian and estate.
1. After the court has granted authority to sell real property of a protected minor, 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 2017, 846, 3913)
NRS 159A.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 159A.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 2017, 847, 3913)
NRS 159A.142 Sale of interest of protected minor in real property owned jointly with one or more persons.
1. If a protected minor 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 minor 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 159A.134; and
(c) The court confirms the sale.
2. Except as otherwise provided in subsection 3, the court shall confirm the sale only if:
(a) The net amount of the proceeds from the sale to the estate of the protected minor 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 minor will be released from all liability for any mortgage or lien on the property.
3. Upon good cause shown, the court may waive the requirement set forth in paragraph (a) of subsection 2.
(Added to NRS by 2017, 847, 3914)
NRS 159A.1425 Notice of sale of real property of protected minor: When required; manner of providing; waiver; content.
1. Except as otherwise provided in this section and except for a sale pursuant to NRS 159A.123 or 159A.142, a guardian may sell the real property of a protected minor only after the court grants authority for the sale pursuant to NRS 159A.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 159A.123 or 159A.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 2017, 847, 3914)
NRS 159A.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 159A.123 or 159A.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 2017, 848, 3915)
NRS 159A.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 159A.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 159A.086 and 159A.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 minor.
(Added to NRS by 2017, 849, 3915)
NRS 159A.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 minor; 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 159A.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 2017, 849, 3916)
NRS 159A.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 minor 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 minor has acquired any right, title or interest in the property other than or in addition to that of the protected minor at the time of the sale, that right, title or interest also passes by the conveyance.
(Added to NRS by 2017, 850)
NRS 159A.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 2017, 850)
NRS 159A.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 minor for the deficiency.
(Added to NRS by 2017, 850)
NRS 159A.1495 Fraudulent sale of real property of protected minor by guardian. A guardian who fraudulently sells any real property of a protected minor 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 minor.
(Added to NRS by 2017, 850)
NRS 159A.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 2017, 850)
Sale of Personal Property
NRS 159A.1515 Sale of personal property of protected minor by guardian without notice.
1. A guardian may sell, dispose of or authorize the immediate destruction of personal property of the protected minor without notice, and title to the property passes without confirmation by the court if:
(a) The property will depreciate in value if not disposed of promptly;
(b) The property will incur loss or expense by being kept;
(c) The property has been contaminated by vermin or biological or chemical agents and the expenses related to the decontamination of the property cause salvage to be impractical;
(d) The property constitutes an immediate threat to the public health or safety; or
(e) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination.
2. The guardian is responsible for the actual value of the personal property unless the guardian obtains confirmation by the court of the sale.
(Added to NRS by 2017, 851)
NRS 159A.152 Sale of security of protected minor by guardian. A guardian may sell any security of the protected minor 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 159A.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 2017, 851)
NRS 159A.1535 Notice of sale of personal property of protected minor. Except as otherwise provided in NRS 159A.1515 and 159A.152, a guardian may sell the personal property of the protected minor only after notice of the intent to sell is provided to the protected minor and all interested parties, by personal delivery or by certified mail, not less than 30 days before the sale.
(Added to NRS by 2017, 851)
NRS 159A.154 Place and manner of sale of personal property of protected minor; report by guardian; first right of refusal of family members.
1. The guardian may sell the personal property of a protected minor at:
(a) The residence of the protected minor; 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 159A.1515, a sale or disposition of any personal property of the protected minor 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 159A.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 minor and any interested persons must be offered the first right of refusal to acquire the personal property of the protected minor at fair market value.
(Added to NRS by 2017, 851, 3918)
NRS 159A.156 Sale of interest in personal property pledged to protected minor and choses in action of estate of protected minor. The following interests of the estate of the protected minor may be sold in the same manner as other personal property:
1. An interest in personal property that has been pledged to the protected minor; and
2. Choses in action.
(Added to NRS by 2017, 851)
Lease of Property
NRS 159A.157 Lease of property of protected minor. A guardian of the estate may lease any real property of the protected minor 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 protected minor’s proportionate interest 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. Such lease may extend beyond the period of minority of a protected minor.
(Added to NRS by 2017, 851)
NRS 159A.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 protected minor’s property, 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 2017, 852)
NRS 159A.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 minor and the estate of the protected minor, the court shall enter an order authorizing the guardian to enter into the lease.
(Added to NRS by 2017, 852)
NRS 159A.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 protected minor’s personal property. All proceedings to obtain such a court order must be the same as required for the lease of real property.
(Added to NRS by 2017, 852)
NRS 159A.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 protected minor’s property 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 159A.034, the guardian shall publish a copy of the notice at least twice, the first publication to be at least 10 days before 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 2017, 852)
Agreement to Sell or Give Option to Purchase Mining Claim
NRS 159A.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 minor, 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 minor 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 159A.034.
(Added to NRS by 2017, 852)
NRS 159A.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 159A.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 minor, 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 2017, 853)
NRS 159A.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 159A.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 2017, 853)
NRS 159A.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 159A.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 2017, 853)
NRS 159A.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 159A.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 2017, 853)
Miscellaneous Provisions
NRS 159A.167 Special sale of property of protected minor 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 minor, 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 minor 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 minor 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 minor to be sold or granted is an easement in or creates a servitude upon the protected minor’s property.
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 minor 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 minor is contingent or dubious.
(b) The interest or estate of the protected minor in such property is a servitude upon the property of another.
(Added to NRS by 2017, 854)
NRS 159A.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 protected minor’s estate;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursement of funds;
(d) Exercising for or on behalf of the protected minor:
(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;
(e) The propriety of exercising any right exercisable by owners of property; and
(f) 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 minor or those claiming through the protected minor, 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 2017, 854)
NRS 159A.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 protected minor’s property 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 2017, 854)
NRS 159A.175 Exchange or partition of property of protected minor.
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 minor are served by such action, may:
(a) Accept an offer to exchange all or any interest of the protected minor 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 owner 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 2017, 855)
ACCOUNTINGS
NRS 159A.176 Review of guardianship by court. Every guardianship established pursuant to this chapter must be reviewed by the court annually.
(Added to NRS by 2017, 855)
NRS 159A.177 Time for filing account; service of account.
1. A guardian of the estate 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 minor.
(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 emancipation or death of the protected minor, 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 minor and, if the protected minor is living, on the protected minor.
(Added to NRS by 2017, 855, 2559)
NRS 159A.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 must include, without limitation, the following information:
(a) The period covered by the account.
(b) The assets of the protected minor 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 minor 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 protected minor’s property due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the protected minor’s property holdings 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 minor.
(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.
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 minor to whom the receipt or voucher pertains, the attorney of such a protected minor 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 2017, 855, 2559)
NRS 159A.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 before 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 minor who requests an examination of any account after the protected minor’s legal disability 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 minor, the court may order the interested person to pay to the estate of the protected minor all or part of the expenses associated with the objection.
(Added to NRS by 2017, 856)
NRS 159A.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 minor. In evaluating the ability of a protected minor to pay such compensation and expenses, the court may consider:
(a) The nature, extent and liquidity of the protected minor’s assets;
(b) The disposable net income of the protected minor;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159A.079 or 159A.083.
4. Any compensation or expenses, including, without limitation, attorney’s fees, must not be paid from the estate of the protected minor unless and until the payment of such fees is approved by the court pursuant to this section or NRS 159A.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 2017, 856, 3919)
NRS 159A.184 Accounting by certain care providers. If a protected minor 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 minor:
1. On a quarterly basis; and
2. At any other time, upon the request of the guardian.
(Added to NRS by 2017, 857)
SUBSTITUTION, REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OF GUARDIANSHIP
Substitution of Guardian
NRS 159A.1845 Appointment of temporary substitute guardian.
1. The court may appoint a temporary substitute guardian for a protected minor for a period not exceeding 6 months if:
(a) A proceeding to remove a guardian for the protected minor is pending; or
(b) The court finds a guardian is not effectively performing the guardian’s duties and the welfare of the protected minor requires immediate action.
2. Except as otherwise ordered by the court, a temporary substitute guardian appointed under this section has the powers stated in the order of appointment of the guardian. The authority of the existing guardian is suspended for as long as the temporary substitute guardian has authority.
3. The court shall give notice of appointment of a temporary substitute guardian, not later than 5 days after the appointment, to:
(a) The protected minor;
(b) The affected guardian; and
(c) Each parent of the protected minor and any person currently having care or custody of the protected minor.
4. The court may remove a temporary substitute guardian at any time. The temporary substitute guardian shall make any report the court requires.
5. As used in this section, “parent” does not include a person whose parental rights have been terminated.
(Added to NRS by 2019, 1244)
Removal of Guardian
NRS 159A.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 159A.061;
(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 minor;
(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 minor or the estate of the protected minor; or
(2) There was a substantial likelihood that the negligence would result in injury to the protected minor or the estate of the protected minor;
(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 minor that is set forth in this chapter;
(h) The best interests of the protected minor will be served by the appointment of another person as guardian; or
(i) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 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 2017, 857, 2561, 3920)
NRS 159A.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,
Ę 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 minor to allow the guardian to continue in his or her appointment.
(Added to NRS by 2017, 857)
NRS 159A.1853 Petition for removal.
1. The following persons may petition the court to have a guardian removed:
(a) The protected minor;
(b) Any relative who is within the second degree of consanguinity to the protected minor;
(c) A public guardian; or
(d) 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 minor, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected minor; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses incurred by the estate of the protected minor in responding to the petition and for any other pecuniary losses which are associated with the petition.
(Added to NRS by 2017, 858)
NRS 159A.1855 Issuance and service of citation concerning filing of petition for removal; actions of court if protected minor 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 a citation to the petitioner. The petitioner shall serve the 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 minor 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 minor 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 2017, 858)
NRS 159A.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 take any or all of the following actions:
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 minor or the estate of the protected minor and issue an order accordingly.
(Added to NRS by 2017, 858)
NRS 159A.186 Additional limitation governing removal; considerations for court in determining best interests of protected minor; removal of guardian.
1. Notwithstanding any other provision of law, except as otherwise provided in subsection 3, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the protected minor.
2. For the purposes of this section in determining the best interests of the protected minor, the court shall consider, without limitation:
(a) The ability of the present guardian to provide for the basic needs of the protected minor, including, without limitation, food, shelter, clothing and medical care;
(b) The safety of the home in which the protected minor is residing;
(c) The length of time that the protected minor has been in the care of the present guardian;
(d) The current well-being of the protected minor, including whether the protected minor is prospering in the environment being provided by the present guardian;
(e) The emotional bond existing between the present guardian and the protected minor;
(f) If the person petitioning the court to replace the present guardian was previously removed from the care, custody or guardianship of the protected minor:
(1) The level of participation before the petition was filed by the petitioner in the welfare of the protected minor; and
(2) If applicable, whether the petitioner has received instruction in parenting, participated in a program of rehabilitation or undergone counseling for any problem or conduct that the court, in appointing the present guardian, considered as an indication of the previous unfitness of the petitioner; and
(g) The mental and physical health of the present guardian.
3. The court may remove the guardian of a protected minor or appoint another person as guardian if the guardian files a petition to resign his or her position as guardian.
(Added to NRS by 2017, 859)
NRS 159A.187 Appointment of successor guardian upon death or removal of existing guardian.
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 minor pursuant to this section, the protected minor must be served with the petition. If the protected minor does not object to the appointment, the protected minor is not required to attend the hearing.
(Added to NRS by 2017, 859)
NRS 159A.1871 Appointment of successor guardian immediately or upon designated event.
1. The court at any time may appoint a successor guardian to serve immediately or when a designated event occurs.
2. A person entitled under NRS 159A.044 to petition the court to appoint a guardian may petition the court to appoint a successor guardian.
3. A successor guardian appointed to serve when a designated event occurs may act as guardian when:
(a) The event occurs; and
(b) The successor has taken the official oath and filed a bond as provided in this chapter, and letters of guardianship have been issued.
4. A successor guardian has the predecessor’s powers unless otherwise provided by the court.
(Added to NRS by 2019, 1244)
Resignation of Guardian
NRS 159A.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 159A.047.
(Added to NRS by 2017, 859)
NRS 159A.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 minor 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 2017, 860)
NRS 159A.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 2017, 860)
Termination of Guardianship
NRS 159A.1905 Petition for termination or modification; appointment of attorney to represent protected minor; burden of proof; issuance of citation; penalties for not filing petition in good faith.
1. A protected minor, 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 minor.
(c) The name, age and address of the protected minor, if the protected minor is not the petitioner, or the date of death of the protected minor if the protected minor 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 minor and the proposed disposition of that property.
2. Upon the filing of the petition, the court shall appoint an attorney to represent the protected minor if:
(a) The protected minor is unable to retain an attorney; or
(b) The court determines that the appointment is necessary to protect the interests of the protected minor.
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 minor.
4. The court shall issue a citation requiring all interested persons to appear and show cause why termination or modification of the guardianship should not be granted. The court shall serve the citation on the guardian and the petitioner. The petitioner shall serve the citation on all interested persons.
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 minor, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected minor; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected minor and associated with the petition.
(Added to NRS by 2017, 860, 2562)
NRS 159A.191 Termination of guardianship of person, estate or person and estate; procedure upon death of protected minor.
1. A guardianship of the person, of the estate, or of the person and estate is terminated:
(a) By the death of the protected minor;
(b) Upon the protected minor’s change of domicile to a place outside this State and the transfer of jurisdiction to the court having jurisdiction in the new domicile;
(c) Upon order of the court, if the court determines that the guardianship no longer is necessary;
(d) On the date on which the protected minor reaches 18 years of age; or
(e) On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if:
(1) The protected minor will be older than 18 years of age upon graduation from high school; and
(2) The protected minor and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the protected minor will become 18 years of age.
2. 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 minor, subject to the provisions of NRS 159A.193.
3. 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.
4. 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 minor of the death of the protected minor within 30 days after the death.
5. Immediately upon the death or emancipation of the protected minor:
(a) The guardian of the estate shall have no authority to act for the protected minor except to wind up the affairs of the guardianship pursuant to NRS 159A.193, and to distribute the property of the protected minor as provided in NRS 159A.195 and 159A.197; and
(b) No person has standing to file a petition pursuant to NRS 159A.078.
6. A hearing may be held not later than 90 days before a protected minor reaches the age of majority to determine whether:
(a) Guardianship is needed beyond the age of majority;
(b) The protected minor desires an additional year of guardianship beyond the age of majority; and
(c) The guardian should be notified of any requirements of the guardianship which require compliance before termination of the guardianship.
7. If, at a hearing conducted pursuant to subsection 6, a court makes a determination that, upon reaching the age of majority, a protected minor would be deemed incapacitated, as defined in NRS 159.019, a petition may be filed in accordance with the provisions of chapter 159 of NRS to seek guardianship for the protected minor pursuant to that chapter to take effect when the protected minor reaches the age of majority. The protected minor has the right to be represented by counsel if guardianship is sought pursuant to this subsection.
(Added to NRS by 2017, 861)
NRS 159A.1915 Termination of guardianship before emancipation of protected minor; burden of proof.
1. If, before a protected minor is emancipated, a parent of the protected minor petitions the court for the termination of a guardianship of the protected minor, the parent has the burden of proof to show by clear and convincing evidence that:
(a) There has been a material change of circumstances since the time the guardianship was created. The parent must show that, as part of the change of circumstances, the parent has been restored to suitability as described in NRS 159A.061.
(b) Except as otherwise provided in subsection 2, the welfare of the protected minor would be substantially enhanced by the termination of the guardianship and the placement of the protected minor with the parent.
2. If the parent consented to the guardianship when it was created, the parent is required to make only that showing set forth in paragraph (a) of subsection 1.
(Added to NRS by 2017, 862)
NRS 159A.192 Termination of temporary guardianship.
1. If a temporary guardianship is terminated and a petition for a general guardianship has not been filed:
(a) The temporary guardian shall immediately turn over all of the protected minor’s property to the protected minor; 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 protected minor’s property.
2. If a temporary guardianship is terminated and a petition for general guardianship has been filed, the temporary guardian of the estate may:
(a) Continue possessing the protected minor’s property; 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 or general guardian.
3. If the death of a protected minor causes the termination of a temporary guardianship before the hearing on a general guardianship:
(a) The temporary guardian of the estate may:
(1) Continue possessing the protected minor’s property; 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 protected minor’s property 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 minor to the extent possible using the assets in the possession of the temporary guardian.
(Added to NRS by 2017, 862)
NRS 159A.193 Winding up affairs.
1. The guardian of the estate is entitled to retain possession of the protected minor’s property 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 minor;
(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 minor 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 minor, examine and allow and pay, or reject, all claims presented to the guardian before the termination of the guardianship for obligations incurred before 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 2017, 863)
NRS 159A.195 Disposition of claims of creditor after termination of guardianship by death of protected minor.
1. If the guardianship is terminated by reason of the death of the protected minor:
(a) Except as otherwise provided in NRS 159A.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, must 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 must be acted upon by the personal representative in the same manner as other claims against a decedent.
2. The personal representative must 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 159A.107, including summary determination, on any claim rejected by the guardian.
(Added to NRS by 2017, 863)
NRS 159A.197 Delivery of physical possession of property of protected minor; petition to modify title to such property; handling property of deceased protected minor.
1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the protected minor’s property to the protected minor, 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 protected minor’s property 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 minor, the court, by order, may authorize the guardian to handle the deceased protected minor’s property 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 2017, 864)
NRS 159A.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 2017, 864)
Maintenance of Records
NRS 159A.19905 Time period for which certain records are required to be maintained. A guardian shall maintain all records and documents for each protected minor 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 2017, 864)
TRANSFER OF JURISDICTION OF GUARDIANSHIPS
NRS 159A.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 minor 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 best interests of the protected minor; and
(c) The plans for care and services for the protected minor in the other state are in the best interests of the protected minor.
3. The court shall issue a final order confirming the transfer and terminating the guardianship upon a petition for termination pursuant to NRS 159A.1905 or 159A.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 2021, 199)
NRS 159A.2024 Transfer of jurisdiction of guardianship from another state to this State.
1. To transfer jurisdiction of a guardianship to this State, the guardian or other interested party must petition the court of this State for guardianship pursuant to NRS 159A.044 to accept guardianship in this State. The petition must include:
(a) A certified copy of the other state’s provisional order of transfer;
(b) Proof that the protected minor is physically present in, or is reasonably expected to move permanently to, this State;
(c) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044; and
(d) A copy of one of the forms of identification of the guardian set forth in paragraph (h) of subsection 2 of NRS 159A.044.
2. Upon the filing of a petition, the clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.047.
3. Upon completion of the hearing, 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 best interests of the protected minor; or
(b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159A.061.
4. 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. The court shall determine whether the guardianship needs to be modified to conform to the laws of this State and, if so, order any such modifications.
5. In granting a petition under this section, the court shall recognize a guardianship order from the other state.
(Added to NRS by 2021, 200)
REGISTRATION OF GUARDIANSHIP ORDERS
NRS 159A.2025 Registration of guardianship orders issued in another state.
1. 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 petition the court to register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:
(a) Certified copies of the order and letters of office;
(b) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044; and
(c) A copy of one of the forms of identification of the guardian set forth in paragraph (h) of subsection 2 of NRS 159A.044.
2. Upon the filing of a petition, the clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.047.
3. Upon completion of the hearing, if there is no contest to the petition, the court shall issue an order granting a petition filed under subsection 1.
(Added to NRS by 2021, 200)
NRS 159A.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.
2. A court of this State may grant any relief available under any law of this State to enforce a registered order.
3. A court of this State shall recognize and enforce, but shall not modify, a registered guardianship of a court of another state.
(Added to NRS by 2021, 201)
TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA
NRS 159A.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 minor and unsecured creditors of the protected minor who are residents of this State.
(Added to NRS by 2017, 864)
APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT
NRS 159A.205 Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination.
1. Except as otherwise provided in this section or NRS 127.045, a parent, without the approval of a court, may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.
2. The appointment of a short-term guardianship is effective for a minor who is 14 years of age or older only if the minor provides written consent to the guardianship.
3. The appointment of a short-term guardian does not affect the rights of the other parent of the minor.
4. A parent shall not appoint a short-term guardian for a minor child if the minor child has another parent:
(a) Whose parental rights have not been terminated;
(b) Whose whereabouts are known; and
(c) Who is willing and able to make and carry out daily child care decisions concerning the minor,
Ę unless the other parent of the minor child provides written consent to the appointment.
5. The written instrument appointing a short-term guardian becomes effective immediately upon execution and must include, without limitation:
(a) The date on which the guardian is appointed;
(b) The name of the parent who appointed the guardian, the name of the minor child for whom the guardian is appointed and the name of the person who is appointed as the guardian; and
(c) The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian. The parent and guardian are not required to sign and acknowledge the instrument in the presence of the other.
6. The short-term guardian appointed pursuant to this section serves as guardian of the minor for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.
7. Only one written instrument appointing a short-term guardian for the minor child may be effective at any given time.
8. The appointment of a short-term guardian pursuant to this section:
(a) May be terminated by an instrument in writing signed by either parent if that parent has not been deprived of the legal custody of the minor.
(b) Is terminated by any order of a court of competent jurisdiction that appoints a guardian.
(Added to NRS by 2017, 865)
NRS 159A.215 Guardian of person of minor child of member of Armed Forces.
1. A member of the Armed Forces of the United States, a reserve component thereof or the National Guard may, by written instrument and without the approval of a court, appoint any adult residing in this State who is not incapacitated as the guardian of the person of a minor child who is a dependent of that member. The instrument must be:
(a) Executed by both parents if living, not divorced and having legal custody of the child, otherwise by the parent having legal custody; and
(b) Acknowledged in the same manner as a deed.
Ę If both parents do not execute the instrument, the executing parent shall send by certified mail, return receipt requested, to the other parent at his or her last known address, a copy of the instrument and a notice of the provisions of subsection 3.
2. The instrument must contain a provision setting forth the:
(a) Branch of the Armed Forces;
(b) Unit of current assignment;
(c) Current rank or grade; and
(d) Social security number or service number,
Ę of the parent who is the member.
3. The appointment of a guardian pursuant to this section:
(a) May be terminated by a written instrument signed by either parent of the child if that parent has not been deprived of his or her parental rights to the child; and
(b) Is terminated by any order of a court.
(Added to NRS by 2017, 865, 3921)
ACTS AGAINST OR AFFECTING PROTECTED MINOR OR PROPOSED PROTECTED MINOR
NRS 159A.305 Petition alleging that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property.
1. If a guardian, interested person, protected minor or proposed protected minor 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 minor or proposed protected minor; 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 minor or proposed protected minor in or to, any real or personal property, or any claim or demand,
Ę 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 159A.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 2017, 866)
NRS 159A.315 Order of court upon findings concerning allegations that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor 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 159A.305, that the person has committed an act:
(a) Set forth in paragraph (a) of subsection 1 of NRS 159A.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 159A.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 159A.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 minor or the estate of the protected minor 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 159A.305 appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed protected minor or the estate of the protected minor, the court may order:
(a) The proposed protected minor or the estate of the protected minor 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 2017, 866)
TRUSTS
NRS 159A.339 Assumption of jurisdiction by court of trust of which protected minor is beneficiary.
1. If the inventory filed pursuant to NRS 159A.085 includes the existence of a trust of which the protected minor 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 minor or attorney of the protected minor 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 minor or attorney of the protected minor 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 159A.3395 Protected minor or attorney entitled to copies of accountings for trust created by or for benefit of protected minor; submission of trust to jurisdiction of court. A protected minor 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 minor. A protected minor may submit any trust to the jurisdiction of a court if:
1. The protected minor, his or her spouse, or both the protected minor 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)
MISCELLANEOUS PROVISIONS
NRS 159A.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 159A.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 159A.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 minor 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 minor;
(d) Must be served by the person on all persons entitled to notice pursuant to NRS 159A.034 and 159A.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 minor 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.
Ę 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 minor or attempted to advance the best interests of the protected minor.
(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 minor 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 minor; 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 minor.
(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 minor.
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 159A.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 minor;
2. Makes a substantial misstatement in any report filed pursuant to NRS 159A.081 or any account filed pursuant to NRS 159A.177; or
3. Willfully fails to file a report required by NRS 159A.081 or an account required by NRS 159A.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,
Ę 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 minor, which must be paid by the guardian and must not be paid by the estate of the protected minor.
(Added to NRS by 2017, 2552)
NRS 159A.346 Appropriate actions authorized upon violation by guardian of any right of protected minor.
1. If a guardian violates any right of a protected minor 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 minor or the estate of a protected minor 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 159A.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 minor; and
(b) Attorney’s fees and costs.
(Added to NRS by 2017, 2552)
APPEALS
NRS 159A.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 minor.
3. Settling an account.
4. Ordering or authorizing a guardian to act pursuant to NRS 159A.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 2017, 867)