SUMMARY--Revises provisions governing appointment of certain guardians. (BDR 13-396)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to guardians; revising the provisions governing the appointment of certain guardians without issuing a citation; revising the provisions governing the appointment of temporary guardians; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 159.049 is hereby amended to read as follows:
159.049 The court may, without issuing a citation, appoint a guardian for the proposed ward if the:
1. Petitioner is a parent seeking appointment of a guardian for his minor child [under 14 years of age] who is in the lawful custody of the petitioner.
[2. Proposed] If the proposed ward is a minor who is 14 years of age or older [and the petition is] :
(a) The petition must be accompanied by the written consent of the minor [or the minor consents] to the appointment of the guardian; or
(b) The minor must consent to the appointment of the guardian in open court.
[3.] 2. Petitioner is a foreign guardian of a nonresident proposed ward, and the petition is accompanied by an authenticated copy of the record of his appointment and by evidence of existing authority of the foreign guardian.
Sec. 2. NRS 159.052 is hereby amended to read as follows:
159.052 1. A petitioner may request the court to appoint a temporary guardian. [The petitioner must] To support the request [by presenting under oath] , the petitioner must set forth in a petition and present to the court [facts] under oath:
(a) Facts which show that the [:
(a) Proposed ward faces] proposed ward:
(1) Faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention;
[(b) Proposed ward lacks] and
(2) Lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention; and
[(c) Petitioner]
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice [under] pursuant to NRS 159.047 [.] ; or
(2) The proposed ward would be exposed to an immediate risk of financial loss or physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian.
2. If the court [finds] :
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention [and that the] ; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice [, it ] pursuant to NRS 159.047 or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1,
the court may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardian's powers to those necessary to assist in the emergency.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall make a good faith effort to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4. If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 not later than 24 hours after the appointment of the temporary guardian. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.
5. Within 10 days after the appointment of a temporary guardian [under] pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. [If] Except as otherwise provided in subsection 6, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. The court shall limit the temporary guardian's powers to those necessary to assist in the emergency.
6. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.