SUMMARY--Revises provisions governing hearings to determine person most qualified and suitable to serve as guardian for proposed ward or to take custody of certain children. (BDR 13-970)
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 persons; providing for a hearing conducted by a special master to determine the person most qualified and suitable to serve as guardian for a proposed ward; authorizing the court to allow certain persons to testify at a hearing to determine the person most qualified and suitable to serve as guardian for a proposed ward; providing for a hearing conducted by a special master to determine the person most qualified and suitable to take custody of certain children; authorizing the court to allow certain persons to testify at a hearing to determine the person most qualified and suitable to take custody of certain children; 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 Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If the court determines that a person is in need of a guardian pursuant to NRS 159.054, the court may order the appointment of 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 ward.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court his recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed ward.
Sec. 3. If the court finds that a person, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a proposed ward:
1. Has a personal interest in the well-being of the proposed ward; or
2. Possesses information that is relevant to the determination of who should serve as guardian for the proposed ward,
the court 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 ward.
Sec. 4. NRS 159.061 is hereby amended to read as follows:
159.0611. The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor.
2. Subject to [this preference,] the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.
3. In determining who is most suitable, the court shall give consideration, among other factors, to:
[1.] (a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.
[2.] (b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.
[3.] (c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.
[4.] (d) The relationship by blood or marriage of the proposed guardian to the proposed ward.
(e) Any recommendation made by a special master pursuant to section 2 of this act.
Sec. 5. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. If the court determines that a child must be kept in protective custody pursuant to NRS 432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, before placing the child in the temporary or permanent custody of a person, order the appointment of 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 take custody of the child.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court his recommendation regarding which person is most qualified and suitable to take custody of the child.
Sec. 7. If the court finds that a person, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a child:
1. Has a personal interest in the well-being of the child; or
2. Possesses information that is relevant to the determination of who should take custody of the child,
the court may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to take custody of the child.
Sec. 8. NRS 432B.430 is hereby amended to read as follows:
432B.430[Only] Except as otherwise provided in section 7 of this act, only those persons having a direct interest in the case, as ordered by the judge or master, may be admitted to any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive [.] , or section 7 of this act.