AB365_R2

Assembly Bill No. 365–Assemblymen Buckley, Horne, Conklin, Ohrenschall, Anderson, Carpenter, Claborn, Mortenson and Oceguera (by request)

CHAPTER..........

AN ACT relating to guardianship; making various changes to provisions regarding guardianship; providing penalties; 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 to 47.5, inclusive, of

this act.

Sec. 2. “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 in a specified way, or notifying a person of a hearing.

Sec. 3. 1. If the court has reason to believe that

guardianship proceedings may be pending in another state

concerning a ward or proposed ward, the court may order

communication with the court in the other state:

(a) To determine the involvement or interest of each

jurisdiction;

(b) To promote cooperation, expand the exchange of

information and provide any other form of assistance; and

proceedings.

2. As used in this section, “guardianship” includes, without

limitation, a conservatorship.

Sec. 4. 1. On or after the date of the filing of a petition to

appoint a guardian:

(a) The court may appoint a person to represent the ward or

proposed ward as a guardian ad litem; and

(b) The guardian ad litem must represent the ward or proposed

ward as a guardian ad litem until relieved of that duty by court

order.

2. Upon the appointment of the guardian ad litem, the court

shall set forth in the order of appointment the duties of the

guardian ad litem.

3. The guardian ad litem is entitled to reasonable

compensation from the estate of the ward or proposed ward. If the

court finds that a person has unnecessarily or unreasonably

caused the appointment of a guardian ad litem, the court may

order the person to pay to the estate of the ward or proposed ward

all or part of the expenses associated with the appointment of the

guardian ad litem.

Sec. 5. 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.

Sec. 6. 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 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, ward or proposed ward.

Sec. 7. 1. If a guardian, interested person, ward or

proposed ward petitions the court upon oath alleging:

(a) That a person has or is suspected to have concealed,

converted to his own use, conveyed away or otherwise disposed of

any money, good, chattel or effect of the ward; or

(b) That the person has in his 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

ward or proposed ward in or to, any real or personal property, or

any claim or demand,

the judge may cause the person to be cited to appear before the

district court to answer, upon oath, upon the matter of the petition.

2. If the person cited does not reside in the county where

letters of guardianship have been issued pursuant to NRS 159.075,

the person may be cited and examined before the district court of

the county where the person resides, or before the court that

issued the citation. Each party to the petition may produce

witnesses, and such witnesses may be examined by either party.

Sec. 8. 1. If the court finds, after examination of a person

cited pursuant to section 7 of this act, that the person has

committed an act:

(a) Set forth in paragraph (a) of subsection 1 of section 7 of

this act, 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 section 7 of

this act, 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

section 7 of this act in contempt of court and deal with him

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 ward or the estate of the

ward 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 section 7 of this act

appears and, upon consideration of the petition, the court finds

that the person is not liable or responsible to the estate of the ward

or proposed ward, the court may order:

(a) The estate of the ward or proposed ward 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.

Sec. 9. 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 ward, 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.

Sec. 10. If real property of the estate of a ward 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 ward, unless the court orders

otherwise.

Sec. 11. 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.

Sec. 12. 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.

Sec. 13. 1. A guardian may enter into a written contract

with any bona fide agent, broker or multiple agents or brokers to

secure a purchaser for any real property of the estate. 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 improved real property; and

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.

Sec. 14. 1. When an offer to purchase real property of a

guardianship estate is presented to the court for confirmation:

(a) Other persons may submit higher bids to the 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.

Sec. 15. 1. If a ward owns real property jointly with one or

more other persons, the interest owned by the ward may be sold to

one or more joint owners of the property only if:

(a) The guardian files a petition with the court to confirm the

sale pursuant to NRS 159.134; and

(b) The court confirms the sale.

2. The court shall confirm the sale only if:

(a) The net amount of the proceeds from the sale to the estate

of the ward 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 ward will be released

from all liability for any mortgage or lien on the property.

Sec. 16. 1. Except as otherwise provided in this section and

except for a sale pursuant to section 15 of this act, a guardian may

sell the real property of a ward only after notice of the sale is

published in:

(a) A newspaper that is published in the county in which the

property, or some portion of the property, is located; or

(b) If a newspaper is not published in that county:

(1) In a newspaper of general circulation in the county; or

(2) In such other newspaper as the court orders.

2. Except as otherwise provided in this section and except for

a sale of real property pursuant to section 15 of this act:

(a) The notice of a public auction for the sale of real property

must be published not less than three times before the date of the

sale, over a period of 14 days and 7 days apart.

(b) The notice of a private sale must be published not less than

three times before the date on which offers will be accepted, over a

period of 14 days and 7 days apart.

3. For good cause shown, the court may order fewer

publications and shorten the time of notice, but must not shorten

the time of notice to less than 8 days.

4. The 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 value of $5,000 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:

(a) The date of the sale at public auction; or

(b) The date on which offers will be accepted for a private sale.

6. Any notice published or posted pursuant to this section

must include, without limitation:

(a) For a public auction:

(1) A description of the real property which reasonably

identifies the property to be sold; and

(2) The date, time and location of the auction.

(b) For a private sale:

(1) A description of the real property which reasonably

identifies the property to be sold; and

(2) The date, time and location that offers will be accepted.

Sec. 17. 1. Except for a sale pursuant to section 15 of this

act, a public auction for the sale of real property must be held:

(a) In the county in which the property is located or, if the real

property is located in two or more counties, in either county;

(b) Between the hours of 9 a.m. and 5 p.m.; and

postponed.

2. If, on or before the date and time set for the public auction,

the guardian determines that the auction should be postponed:

(a) The auction may be postponed for not more than 3 months

after the date first set for the auction; and

(b) Notice of the postponement must be given by a public

declaration at the place first set for the sale on the date and time

that was set for the sale.

Sec. 18. 1. Except for the sale of real property pursuant to

section 15 of this act, a sale of real property of a guardianship

estate at a private sale:

(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.

notice.

2. The offers made in a private 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:

(1) After the date of the first publication or posting of the

notice; and

(2) Before the date on which the sale is to occur.

Sec. 19. 1. Except as otherwise provided in subsection 2,

the court shall not confirm a sale of real property of a

guardianship estate at a private sale unless:

(a) The court is satisfied that the amount offered represents

the fair market value of the property to be sold; and

(b) 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

sections 5 and 6 of this act at any time before the sale or

confirmation by the court of the sale.

2. The court may waive the requirement of an appraisal and

allow the guardian to rely on the assessed value of the real

property for purposes of taxation in obtaining confirmation by the

court of the sale.

Sec. 20. 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 ward; 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;

the value of the property; and

(d) It is unlikely that an offer or bid would be made which

exceeds the original offer or bid:

(1) By at least 5 percent if the offer or bid is less than

$100,000; or

(2) By at least $5,000 if the offer or bid 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;

(b) May conduct a public auction in open court; or

and confirm the sale to the person if the written offer complies

with the laws of this state and exceeds the original bid:

(1) By at least 5 percent if the bid is less than $100,000; or

(2) By at least $5,000 if the bid is $100,000 or more.

5. If the court does not confirm the sale and orders a new

sale:

(a) Notice must be given in the manner set forth in section 16

of this act; and

(b) The sale must be conducted in all other respects as though

no previous sale has taken place.

6. If a higher offer or bid is received by the court during the

hearing to confirm the sale, the court may continue the hearing

rather than accept the offer or bid as set forth in paragraph (c) of

subsection 4 if the court determines that the person who made the

original offer or bid was not notified of the hearing and that the

person who made the original offer or bid may wish to increase his

bid. 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.

Sec. 21. 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

ward in the property on the date of the sale, and if, before the date

of the sale, by operation of law or otherwise, the ward has

acquired any right, title or interest in the property other than or in

addition to that of the ward at the time of the sale, that right, title

or interest also passes by the conveyance.

Sec. 22. 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.

Sec. 23. 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 ward for the

deficiency.

Sec. 24. A guardian who fraudulently sells any real property

of a ward 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 ward.

Sec. 25. 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.

Sec. 26. 1. A guardian may sell perishable property and

other personal property of the ward without notice, and title to the

property passes without confirmation by the court if the property:

(a) Will depreciate in value if not disposed of promptly; or

(b) Will incur loss or expense by being kept.

2. The guardian is responsible for the actual value of the

personal property unless the guardian obtains confirmation by the

court of the sale.

Sec. 27. A guardian may sell any security of the ward 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 section 43 of this act 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.

Sec. 28. 1. Except as otherwise provided in sections 26 and

27 of this act, a guardian may sell the personal property of the

ward only after notice of the sale is published in:

(a) A newspaper that is published in the county in which the

property, or some portion of the property, is located; or

(b) If a newspaper is not published in that county:

(1) In a newspaper of general circulation in the county; or

(2) In such other newspaper as the court orders.

2. Except as otherwise provided in this section:

(a) The notice of a public sale must be published not less than

three times before the date of the sale, over a period of 14 days and

7 days apart.

(b) The notice of a private sale must be published not less than

three times before the date on which offers will be accepted, over a

period of 14 days and 7 days apart.

3. For good cause shown, the court may order fewer

publications and shorten the time of notice, but must not shorten

the time of notice to less than 8 days.

4. The notice must include, without limitation:

(a) For a public sale:

(1) A description of the personal property to be sold; and

(2) The date, time and location of the sale.

(b) For a private sale:

(1) A description of the personal property to be sold; and

(2) The date, time and location that offers will be accepted.

Sec. 29. 1. The guardian may sell the personal property of

a ward by public sale at:

(a) The residence of the ward;

(b) The courthouse door; or

2. The guardian may sell the personal property by public sale

only if the property is made available for inspection at the time of

the sale, unless the court orders otherwise.

3. Personal property may be sold at a public or private sale

for cash or upon credit.

Sec. 30. The following interests of the estate of the ward may

be sold in the same manner as other personal property:

1. An interest in a partnership;

2. An interest in personal property that has been pledged to

the ward; and

3. Choses in action.

Sec. 31. 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 ward, 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;

ward 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

section 43 of this act.

Sec. 32. 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 section 31 of

this act 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 ward, 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.

Sec. 33. 1. If the court orders the guardian to enter into the

agreement pursuant to section 32 of this act, 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

Sec. 34. 1. If the purchaser or option holder neglects or

refuses to comply with the terms of the agreement approved by the

court pursuant to section 28 of this act, 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.

Sec. 35. 1. If the purchaser or option holder complies with

the terms of an agreement approved by the court pursuant to

section 32 of this act 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.

Sec. 36. 1. The following persons may petition the court to

have a guardian removed:

(a) The ward;

(b) The spouse of the ward;

consanguinity to the ward;

(d) A public guardian; or

(e) Any other interested person.

2. The petition must:

(a) State with particularity the reasons for removing the

guardian; and

(b) Show cause for the removal.

3. If the court denies the petition for removal, the petitioner

shall not file a subsequent petition unless a material change of

circumstances warrants a subsequent petition.

4. If the court finds that the petitioner did not file a petition

for removal in good faith or in furtherance of the best interests of

the ward, the court may:

(a) Disallow the petitioner from petitioning the court for

attorney’s fees from the estate of the ward; and

(b) Impose sanctions on the petitioner in an amount sufficient

to reimburse the estate of the ward for all or part of the expenses

incurred by the estate of the ward in responding to the petition and

for any other pecuniary losses which are associated with the

petition.

Sec. 37. 1. If a petition to have a guardian removed is filed

with the court, the court shall issue and serve a citation on the

guardian and on all other interested persons.

2. The citation must require the guardian to appear and show

cause why the court should not remove the guardian.

3. If it appears that the ward 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 ward to a temporary

guardian for not more than 30 days; and

a temporary guardian or to the public guardian until the date set

for the hearing.

Sec. 38. If a petition to remove a guardian is deemed

sufficient and the guardian fails to appear before the court, the

court may:

1. Hold the guardian in contempt of court.

2. Require the guardian to appear at a date and time set by

the court.

3. Issue a bench warrant for the arrest and appearance of the

guardian.

4. Find that the guardian caused harm to the ward or the

estate of the ward and issue an order accordingly.

Sec. 39. 1. A guardian of the person, of the estate, or of the

person and the estate, may file with the court a petition tendering

the resignation of the guardian.

2. If the guardian files a petition to resign, the court shall

serve notice upon any person entitled to notice pursuant to

NRS 159.047.

Sec. 40. 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 ward 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.

Sec. 41. 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 duties.

Sec. 42. 1. If a temporary guardianship is terminated and a

petition for a general or special guardianship has not been filed:

(a) The temporary guardian shall immediately turn over all of

the ward’s property to the ward; 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 ward’s property.

2. If a temporary guardianship is terminated and a petition

for general or special guardianship has been filed, the temporary

guardian of the estate may:

(a) Continue possessing the ward’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, general or special guardian.

3. If the death of a ward causes the termination of a

temporary guardianship before the hearing on a general or special

guardianship:

(a) The temporary guardian of the estate may:

(1) Continue possessing the ward’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

ward’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 ward to the

extent possible using the assets in the possession of the temporary

guardian.

Sec. 43. 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 the petition to:

(a) Each interested person or the attorney of the interested

person;

(b) Any person entitled to notice pursuant to this chapter or his

attorney; and

guardianship proceedings.

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

of good cause.

3. If the address or identity of a person required to be notified

of a hearing on a petition pursuant to this section is not known

and cannot be ascertained with reasonable diligence, notice must

be given:

(a) By publishing a copy of the notice in a newspaper of

general circulation in the county where the hearing is to be held at

least once every 7 days for 21 consecutive days, the last

publication of which must occur not later than 10 days before the

date set for the hearing; or

(b) In any other manner ordered by the court, upon a showing

of good cause.

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.

Sec. 44. If publication of a notice 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.

Sec. 45. 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.

Sec. 46. 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.

Sec. 47. In addition to any order from which an appeal is

expressly authorized pursuant to this chapter, an appeal may be

taken to the Supreme Court 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 ward.

3. Settling an account.

4. Ordering or authorizing a guardian to act pursuant to

NRS 159.113.

5. Ordering or authorizing the payment of a debt, claim,

devise, guardian’s fees or attorney’s fees.

6. Determining ownership interests in property.

7. Granting or denying a petition to enforce the liability of a

surety.

8. Granting or denying a petition for modification or

termination of a guardianship.

9. Granting or denying a petition for removal of a guardian

or appointment of a successor guardian.

Sec. 47.5. 1. Before taking any of the following actions, the

guardian shall petition the court for an order authorizing the

guardian to:

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

(b) Make or change the designation of a beneficiary in a will,

trust, insurance policy, bank account or any other type of asset of

the ward which includes the designation of a beneficiary.

irrevocable trust of the property of the estate.

(d) Except as otherwise provided in this paragraph, exercise

the right of the ward 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 ward to reserve the right of

revocation or modification exclusively to the ward;

(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. 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 guardian proves by clear and convincing evidence

that:

(a) 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 ward or estate of the ward

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 ward; or

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

(b) A reasonably prudent person or the ward, if competent,

would take the proposed action.

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

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

(b) A concise statement as to the condition of the ward’s

estate; and

action.

4. As used in this section:

(a) “Exploitation” means any act taken by a person who has

the trust and confidence of a ward or any use of the power of

attorney of a ward to:

(1) Obtain control, through deception, intimidation or

undue influence, over the money, assets or property of the ward

with the intention of permanently depriving the ward of the

ownership, use, benefit or possession of the ward’s money, assets

or property.

(2) Convert money, assets or property of the ward with the

intention of permanently depriving the ward of the ownership, use,

benefit or possession of his money, assets or property.

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 ward of the ward’s rights or property

or to otherwise injure the ward.

Sec. 48. NRS 159.013 is hereby amended to read as follows:

159.013 As used in this chapter, unless the context otherwise

requires, the words and terms defined in NRS 159.015 to 159.027,

inclusive, and section 2 of this act, have the meanings ascribed to

them in those sections.

Sec. 49. NRS 159.019 is hereby amended to read as follows:

159.019 “Incompetent” means an adult person who, by reason

of mental illness, mental deficiency, disease, weakness of mind or

any other cause, is unable, without assistance, properly to manage

and take care of himself or his property[.] , or both. The term

includes a mentally incapacitated person.

Sec. 50. NRS 159.021 is hereby amended to read as follows:

159.021 [“Institution”] “Care provider” includes any public or

private institution located within or outside this state which provides

facilities for the care or maintenance of incompetents, persons of

limited capacity or minors.

Sec. 51. NRS 159.022 is hereby amended to read as follows:

159.022 A person is of “limited capacity” if [he] :

1. The person is able to make independently some but not all

of the decisions necessary for [his] the person’s own care and the

management of [his] the person’s property ; and [has attained the

age of majority.]

2. The person is not a minor.

Sec. 52. NRS 159.023 is hereby amended to read as follows:

159.023 “Minor” means any person who [has not arrived at the

age of majority as provided by the laws of Nevada.] is:

1. Less than 18 years of age; or

2. Less than 19 years of age if the guardianship is continued

until the person reaches the age of 19 years pursuant to

NRS 159.191.

Sec. 52.5. NRS 159.026 is hereby amended to read as follows:

159.026 “Special guardian” means a guardian of a person of

limited capacity [.] , including, without limitation, such a guardian

who is appointed because a person of limited capacity has

voluntarily petitioned for the appointment and the court has

determined that the person has the requisite capacity to make such

a petition.

Sec. 53. NRS 159.033 is hereby amended to read as follows:

159.033 [The] Except as otherwise provided in this chapter,

the provisions of this chapter do not apply to guardians ad litem.

Sec. 54. NRS 159.035 is hereby amended to read as follows:

159.035 Any court of competent jurisdiction may appoint:

1. Guardians of the person, of the estate , or of the person and

estate for resident incompetents or resident minors.

2. Guardians of the person or of the person and estate for

incompetents or minors who, although not residents of this state, are

physically present in this state and whose welfare requires such an

appointment.

3. Guardians of the estate for nonresident incompetents or

nonresident minors who have property within this state.

4. Guardians of the person, of the estate, or of the person and

estate for incompetents or minors who previously have been

appointed by the court of another state and who provide proof of

the filing of an exemplified copy of the order from the court of the

other state that appointed the guardian and a bond issued in this

state as ordered by the court of the other state. As used in this

subsection, “guardian” includes, without limitation, a conservator.

5. Special guardians.

6. Guardians ad litem.

Sec. 55. NRS 159.037 is hereby amended to read as follows:

159.037 1. The venue for the appointment of a guardian

[shall] must be:

(a) The county where the proposed ward resides; or

(b) If the proposed ward does not reside in this state, any county

in which any property of the proposed ward is located, or any

county in which the proposed ward is physically present.

2. [If, under paragraph (b) of subsection 1, the] If the proper

venue may [properly] be in two or more counties, [then] the county

in which the proceeding is first commenced [shall be] 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.

Sec. 56. NRS 159.043 is hereby amended to read as follows:

159.043 1. All petitions filed in any guardianship proceeding

must bear the title of the court and cause. [It is sufficient for the

caption to]

2. The caption of all petitions and other documents filed in a

guardianship proceeding must read, “In The Matter of the

Guardianship of [................, (minor) a(n) .................. Ward” (adult),

without designating the ward as an incompetent or a person of

limited capacity.] ................ (the person, the estate, or the person

and estate), ................ (the legal name of the person), ................

(adult or minor).

Sec. 57. NRS 159.044 is hereby amended to read as follows:

159.044 1. Except as otherwise provided in NRS 127.045, a

proposed ward, a governmental agency, a nonprofit corporation or

any [concerned] interested person may petition the court for the

appointment of a guardian.

2. [The] To the extent the petitioner knows or reasonably may

ascertain or obtain, the petition must [state:] include, without

limitation:

(a) The name and address of the petitioner.

(b) The name, [age] date of birth and current address of the

proposed ward. [If he]

proposed ward which must be placed in the records relating to the

guardianship proceeding and, except as otherwise required to

carry out a specific statute, maintained in a confidential manner:

(1) A social security number;

(2) A taxpayer identification number;

(3) A valid driver’s license number;

(4) A valid identification card number; or

(5) A valid passport number.

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 60 days after the appointment of a guardian or

as otherwise ordered by the court.

(d) If the proposed ward is a minor, [the petition must state] the

date on which he will attain the age of majority and [whether he]

(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

ward will need guardianship after attaining the age of majority.

[(c)] (e) Whether the proposed ward is a resident or nonresident

of this state.

[(d)] (f) The names and addresses [, so far as they are known to

the petitioner,] of the spouse of the proposed ward and the relatives

of the proposed ward who are within the second degree[.

(e)] of consanguinity.

(g) The name , date of birth and current address of the proposed

guardian.

[(f) That]

(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 required to

carry out a specific statute, maintained in a confidential manner:

(1) A social security number;

(2) A taxpayer identification number;

(3) A valid driver’s license number;

(4) A valid identification card number; or

(5) A valid passport number.

(i) Whether the proposed guardian has [never] ever been

convicted of a felony[.

(g)] and, if so, information concerning the crime for which he

was convicted and whether the guardian was placed on probation

or parole.

(j) A summary of the reasons why a guardian is needed[.

(h)] and recent documentation demonstrating the need for a

guardianship. The documentation may include, without limitation:

(1) A certificate signed by a physician who is licensed to

practice medicine in this state stating the need for a guardian;

(2) A letter signed by any governmental agency in this state

which conducts investigations stating the need for a guardian; or

(3) A certificate signed by any other person whom the court

finds qualified to execute a certificate stating the need for a

guardian.

(k) Whether the appointment of a general or a special guardian

is sought.

[(i)] (l) A general description and the probable value of the

property of the proposed ward and any income to which [he]

the proposed ward is or will be entitled, if the petition is for the

appointment of a guardian of the estate or a special guardian. If any

money is paid or is payable to the proposed ward by the United

States through the Department of Veterans Affairs, the petition must

so state.

[(j)] (m) The name and address of any person or [institution]

care provider having the care, custody or control of the proposed

ward.

[(k)] (n) The relationship, if any, of the petitioner to the

proposed ward and the interest, if any, of the petitioner in the

appointment.

[(l)] (o) Requests for any of the specific powers set forth in

NRS 159.117 to 159.175, inclusive, necessary to enable the

guardian to carry out the duties of the guardianship.

[(m)] (p) Whether the guardianship is sought as the result of an

investigation of a report of abuse or neglect that is conducted

pursuant to chapter 432B of NRS by an agency which provides child

welfare services. As used in this paragraph, “agency which provides

child welfare services” has the meaning ascribed to it in

NRS 432B.030.

(q) Whether the proposed ward is a party to any pending

criminal or civil litigation.

(r) Whether the guardianship is sought for the purpose of

initiating litigation.

(s) Whether the proposed ward has executed a durable power

of attorney for health care, a durable power of attorney for

financial matters or a written nomination of guardian and, if so,

who the named agents are for each document.

Sec. 58. NRS 159.046 is hereby amended to read as follows:

159.046 1. Upon filing of the petition, or any time thereafter,

the court may appoint [an investigator to locate] one or more

investigators to:

(a) Locate persons who perform services needed by the

proposed ward and other public and private resources available to

[him. The] the proposed ward.

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

guardian.

proposed ward.

2. An investigator may be an employee of a social service

agency, family service officer of the court , public guardian,

physician or other qualified person.

[2. The investigator, if one is appointed,]

3. An investigator shall file with the court and parties a

[written report stating his opinion of the nature of the proposed

ward’s incapacity, if any, and of the] report concerning the scope of

the appointment of the guardian and any special powers which a

guardian would need to assist the proposed ward.

4. An investigator who is appointed pursuant to this section is

entitled to reasonable compensation from the estate of the

proposed ward. If the court finds that a person has unnecessarily

or unreasonably caused the investigation, the court may order the

person to pay to the estate of the proposed ward all or part of the

expenses associated with the investigation.

Sec. 59. NRS 159.047 is hereby amended to read as follows:

159.047 1. Except as otherwise provided in NRS 159.0475

and 159.049 to 159.0525, inclusive, [the court,] upon the filing of a

petition under NRS 159.044, [shall direct] the clerk [to] shall issue a

citation setting forth a time and place for the hearing and directing

the persons or [institutions] care provider referred to in subsection 2

to appear and show cause why a guardian should not be appointed

for the proposed ward.

2. A citation issued under subsection 1 must be served:

(a) [If the proposed ward is an incompetent or a person of

limited capacity:

(1) Upon the spouse and adult children of the incompetent or

person of limited capacity who are known to exist, or, if there are

none, upon any parent, brother or sister of the incompetent or person

of limited capacity;

(2)] Upon a proposed ward who is 14 years of age or older;

(b) Upon the spouse of the proposed ward and all other known

relatives of the proposed ward who are:

(1) Fourteen years of age or older; and

(2) Within the second degree of consanguinity;

the proposed ward who are:

(1) Less than 14 years of age; and

(2) Within the second degree of consanguinity;

(d) If there is no spouse of the proposed ward and there are no

known relatives of the proposed ward who are within the second

degree of consanguinity to the proposed ward, upon the office of

the public guardian of the county where the proposed ward

resides; and

(e) Upon any person or officer of [an institution] a care provider

having the care, custody or control of the [incompetent or person of

limited capacity; and

(3) Upon the incompetent or person of limited capacity.

(b) If the] proposed ward . [is a minor:

(1) Upon the parents of the minor;

(2) Upon any person or officer of an institution having care,

custody or control of the minor; and

(3) If the minor is 14 years of age or older, upon the minor.]

Sec. 60. NRS 159.0475 is hereby amended to read as follows:

159.0475 1. A copy of the citation issued pursuant to NRS

159.047 must be served by [certified] :

(a) Certified mail, with a return receipt requested, on each

person required to be served [in subsection 2 of] pursuant to NRS

159.047 at least 20 days before the hearing[.] ; or

(b) Personal service in the manner provided pursuant to

N.R.C.P. 4(d) at least 10 days before the date set for the hearing

on each person required to be served pursuant to NRS 159.047.

2. If none of the persons on whom the citation is to be served

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 citation must be made by publication in the

manner provided by N.R.C.P. 4(e). In all such cases, the citation

must be published at least 20 days before the date set for the

hearing.

3. A citation need not be served on a person or an officer of [an

institution] the care provider who has signed the petition or a

written waiver of service of citation or who makes a general

appearance.

4. If the proposed ward is receiving money paid or payable by

the United States through the Department of Veterans Affairs, a

copy of the citation must be mailed to any office of the Department

of Veterans Affairs in this state[.

5. Notice shall be deemed sufficient if each person who is

required to be served is mailed a copy of the citation at his last

known address by means of certified mail with return receipt

requested, and either a postal receipt has been returned evidencing

delivery or the letter has been returned marked undelivered, but if

none of the family members to whom notices have been mailed have

been served, as evidenced by the return letters, notice shall be

deemed to be sufficient only upon proof of publication of the

citation.] , unless the Department of Veterans Affairs has executed

a written waiver of service of citation.

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

(a) The citation has been served by certified mail, with a return

receipt requested, or by personal service on the proposed ward,

care provider or public guardian required to be served pursuant to

NRS 159.047; and

(b) At least one relative of the proposed ward who is required

to be served pursuant to NRS 159.047 has been served, as

evidenced by the return receipt or the certificate of service. If the

court finds that at least one relative of the proposed ward has not

received notice that is sufficient, the court will require the citation

to be published pursuant to subsection 2.

Sec. 61. NRS 159.048 is hereby amended to read as follows:

159.048 The citation issued pursuant to NRS 159.047 must

state that the:

1. Proposed ward may be adjudged to be incompetent or of

limited capacity and a guardian may be appointed for [him;] the

proposed ward;

2. Proposed ward’s rights may be affected as specified in the

petition;

3. Proposed ward has the right to appear at the hearing and to

oppose the petition; and

4. Proposed ward has the right to be represented by an

attorney, who may be appointed for [him] the proposed ward by the

court if [he] the proposed ward is unable to retain one.

Sec. 62. NRS 159.0485 is hereby amended to read as follows:

159.0485 1. If an adult ward or proposed adult ward is unable

to retain legal counsel and requests the appointment of counsel, at

any stage [of a proceeding for] in a guardianship proceeding and

whether or not [he] the adult ward or proposed adult ward lacks or

appears to lack capacity, the court shall, at or before the time of the

next hearing, appoint an attorney who works for legal aid services, if

available, or a private attorney to represent [him. The attorney’s fees

must be paid from the estate of the ward or proposed ward to the

extent possible.] the adult ward or proposed adult ward. The

appointed attorney must represent the adult ward or proposed

adult ward until relieved of the duty by court order.

2. Subject to the discretion and approval of the court, the

attorney for the adult ward or proposed adult ward is entitled to

reasonable compensation which must be paid from the estate of

the adult ward or proposed adult ward. 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 adult ward or proposed adult ward all or part of the

expenses associated with the appointment of the attorney.

Sec. 63. 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 who has sole legal and physical

custody of the proposed ward as evidenced by a valid court order

or birth certificate and who is seeking the appointment of a

guardian for [his] the minor child [who is in the lawful custody of

the petitioner.] of the parent. If the proposed ward is a minor who is

14 years of age or older:

(a) The petition must be accompanied by the written consent of

the minor to the appointment of the guardian; or

(b) The minor must consent to the appointment of the guardian

in open court.

2. Petitioner is a foreign guardian of a nonresident proposed

ward, and the petition is accompanied by [an authenticated] :

(a) An exemplified copy of the record of [his] the appointment

of the foreign guardian; and [by evidence]

(b) Evidence of the existing authority of the foreign guardian.

Sec. 64. NRS 159.052 is hereby amended to read as follows:

159.052 1. A petitioner may request the court to appoint a

temporary guardian for a ward who is a minor and who is unable to

respond to a substantial and immediate risk of physical harm or to a

need for immediate medical attention. To support the request, the

petitioner must set forth in a petition and present to the court under

oath:

(a) Facts which show that the proposed ward[:

(1) Faces] faces a substantial and immediate risk of physical

harm or needs immediate medical attention; and

[(2) Lacks capacity to respond to the risk of harm or to

obtain the necessary medical attention; and]

(b) Facts which show that:

(1) The petitioner has tried in good faith to notify the persons

entitled to notice pursuant to NRS 159.047[;] by telephone or in

writing before the filing of the petition;

(2) The proposed ward would be exposed to an immediate

risk of physical harm if the petitioner were to provide notice to the

persons entitled to notice pursuant to NRS 159.047 before the court

determines whether to appoint a temporary guardian; or

(3) Giving notice to the persons entitled to notice pursuant to

NRS 159.047 is not feasible under the circumstances.

2. The court may appoint a temporary guardian to serve for 10

days if the court:

(a) Finds reasonable cause to believe that the proposed ward [is

unable to respond to] may suffer a substantial and immediate risk of

physical harm or [to a need for] needs immediate medical attention;

and

(b) Is satisfied that the petitioner has tried in good faith to notify

the persons entitled to notice pursuant to NRS 159.047 or that

giving notice to those persons is not feasible under the

circumstances, or determines that such notice is not required

pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3. Except as otherwise provided in subsection 4, after the

appointment of a temporary guardian, the petitioner shall attempt in

good faith to notify the persons entitled to notice pursuant to NRS

159.047[.] , including, without limitation, notice of any hearing to

extend the temporary guardianship. If the petitioner fails to make

such an effort, the court may terminate the temporary guardianship.

4. If, before the appointment of a temporary guardian, the court

determined that advance notice was not required pursuant to

subparagraph (2) of paragraph (b) of subsection 1, the petitioner

shall notify the persons entitled to notice pursuant to NRS 159.047

without undue delay, but not later than 48 hours after the

appointment of the temporary guardian or not later than 48 hours

after [he] 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. [Within] 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,] subsections 7 and 8, if the court finds by clear and

convincing evidence that the proposed ward is unable to respond to

a substantial and immediate risk of 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.

6. If the court appoints a temporary guardian or extends the

temporary guardianship pursuant to this section, the court shall limit

the powers of the temporary guardian to those necessary to respond

to the substantial and immediate risk of physical harm or to a need

for immediate medical attention.

7. The court may not extend a temporary guardianship pursuant

to subsection 5 beyond the initial period of 10 days unless the

petitioner demonstrates that:

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

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

being undertaken.

8. In addition to any other extension granted pursuant to this

section, the court may extend the temporary guardianship, for

good cause shown, for not more than two 30-day periods.

Sec. 65. NRS 159.0523 is hereby amended to read as follows:

159.0523 1. A petitioner may request the court to appoint a

temporary guardian for a ward who is an adult and who is unable to

respond to a substantial and immediate risk of physical harm or to a

need for immediate medical attention. To support the request, the

petitioner must set forth in a petition and present to the court under

oath:

(a) Facts which show that the proposed ward:

(1) Faces a substantial and immediate risk of physical harm

or needs immediate medical attention; and

(2) Lacks capacity to respond to the risk of harm or to obtain

the necessary medical attention; and

(b) Facts which show that:

(1) The petitioner has tried in good faith to notify the persons

entitled to notice pursuant to NRS 159.047[;] by telephone or in

writing before the filing of the petition;

(2) The proposed ward would be exposed to an immediate

risk of physical harm if the petitioner were to provide notice to the

persons entitled to notice pursuant to NRS 159.047 before the court

determines whether to appoint a temporary guardian; or

(3) Giving notice to the persons entitled to notice pursuant to

NRS 159.047 is not feasible under the circumstances.

2. The court may appoint a temporary guardian to serve for 10

days if the court:

(a) Finds reasonable cause to believe that the proposed ward is

unable to respond to a substantial and immediate risk of physical

harm or to a need for immediate medical attention;

(b) Is satisfied that the petitioner has tried in good faith to notify

the persons entitled to notice pursuant to NRS 159.047 or that

giving notice to those persons is not feasible under the

circumstances, or determines that such notice is not required

pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

accompanied by:

(1) A certificate signed by a physician who is licensed to

practice in this state which states that the proposed ward is unable to

respond to a substantial and immediate risk of physical harm or to a

need for immediate medical attention; or

(2) The affidavit of the petitioner which explains the reasons

why the certificate described in subparagraph (1) is not immediately

obtainable.

3. Except as otherwise provided in subsection 4, after the

appointment of a temporary guardian, the petitioner shall attempt in

good faith to notify the persons entitled to notice pursuant to NRS

159.047[.] , including, without limitation, notice of any hearing to

extend the temporary guardianship. If the petitioner fails to make

such an effort, the court may terminate the temporary guardianship.

4. If, before the appointment of a temporary guardian, the court

determined that advance notice was not required pursuant to

subparagraph (2) of paragraph (b) of subsection 1, the petitioner

shall notify the persons entitled to notice pursuant to NRS 159.047

without undue delay, but not later than 48 hours after the

appointment of the temporary guardian or not later than 48 hours

after [he] 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. [Within] 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,] subsections 7 and 8, the court may extend the

temporary guardianship until a general or special guardian is

appointed, but not for more than 30 days, if:

(a) The certificate required by subsection 2 has been filed and

the court finds by clear and convincing evidence that the proposed

ward is unable to respond to a substantial and immediate risk of

physical harm or to a need for immediate medical attention; or

(b) The certificate required by subsection 2 has not been filed

and the court finds by clear and convincing evidence that:

(1) The proposed ward is unable to respond to a substantial

and immediate risk of physical harm or to a need for immediate

medical attention;

(2) Circumstances have prevented the petitioner or temporary

guardian from obtaining the certificate required pursuant to

subsection 2; and

(3) The extension of the temporary guardianship is necessary

and in the best interests of the proposed ward.

6. If the court appoints a temporary guardian or extends the

temporary guardianship pursuant to this section, the court shall limit

the powers of the temporary guardian to those necessary to respond

to the substantial and immediate risk of physical harm or to a need

for immediate medical attention.

7. The court may not extend a temporary guardianship pursuant

to subsection 5 beyond the initial period of 10 days unless the

petitioner demonstrates that:

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

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

being undertaken.

8. In addition to any other extension granted pursuant to this

section, the court may extend the temporary guardianship, for

good cause shown, for not more than two 30-day periods.

Sec. 66. NRS 159.0525 is hereby amended to read as follows:

159.0525 1. A petitioner may request the court to appoint a

temporary guardian for a ward who is unable to respond to a

substantial and immediate risk of financial loss. To support the

request, the petitioner must set forth in a petition and present to the

court under oath:

(a) Facts which show that the proposed ward:

(1) Faces a substantial and immediate risk of financial loss;

and

(2) Lacks capacity to respond to the risk of loss; and

(b) Facts which show that:

(1) The petitioner has tried in good faith to notify the persons

entitled to notice pursuant to NRS 159.047[;] by telephone or in

writing before the filing of the petition;

(2) The proposed ward would be exposed to an immediate

risk of financial loss if the petitioner were to provide notice to the

persons entitled to notice pursuant to NRS 159.047 before the court

determines whether to appoint a temporary guardian; or

(3) Giving notice to the persons entitled to notice pursuant to

NRS 159.047 is not feasible under the circumstances.

2. The court may appoint a temporary guardian to serve for 10

days if the court:

(a) Finds reasonable cause to believe that the proposed ward is

unable to respond to a substantial and immediate risk of financial

loss;

(b) Is satisfied that the petitioner has tried in good faith to notify

the persons entitled to notice pursuant to NRS 159.047 or that

giving notice to those persons is not feasible under the

circumstances, or determines that such notice is not required

pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

required pursuant to subsection 1 is accompanied by:

(1) A certificate signed by a physician who is licensed to

practice in this state which states that the proposed ward is unable to

respond to a substantial and immediate risk of financial loss; or

(2) The affidavit of the petitioner which explains the reasons

why the certificate described in subparagraph (1) is not immediately

obtainable.

3. Except as otherwise provided in subsection 4, after the

appointment of a temporary guardian, the petitioner shall attempt in

good faith to notify the persons entitled to notice pursuant to NRS

159.047[.] , including, without limitation, notice of any hearing to

extend the temporary guardianship. If the petitioner fails to make

such an effort, the court may terminate the temporary guardianship.

4. If, before the appointment of a temporary guardian, the court

determined that advance notice was not required pursuant to

subparagraph (2) of paragraph (b) of subsection 1, the petitioner

shall notify the persons entitled to notice pursuant to NRS 159.047

without undue delay, but not later than 48 hours after the

appointment of the temporary guardian or not later than 48 hours

after [he] 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. [Within] 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,] subsections 7 and 8, if the proposed ward is a minor

and 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, the court may extend the temporary

guardianship until a general or special guardian is appointed, but not

for more than 30 days. Except as otherwise provided in subsection

7, if the proposed ward is an adult, the court may extend the

temporary guardianship until a general or special guardian is

appointed, but not for more than 30 days, if:

(a) The certificate required by subsection 2 has been filed and

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

(b) The certificate required by subsection 2 has not been filed

and the court finds by clear and convincing evidence that:

(1) The proposed ward is unable to respond to a substantial

and immediate risk of financial loss;

(2) Circumstances have prevented the petitioner or temporary

guardian from obtaining the certificate required pursuant to

subsection 2; and

(3) The extension of the temporary guardianship is necessary

and in the best interests of the proposed ward.

6. If the court appoints a temporary guardian or extends the

temporary guardianship pursuant to this section, the court shall limit

the powers of the temporary guardian to those necessary to respond

to the substantial and immediate risk of financial loss.

7. The court may not extend a temporary guardianship pursuant

to subsection 5 beyond the initial period of 10 days unless the

petitioner demonstrates that:

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

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

being undertaken.

8. In addition to any other extension granted pursuant to this

section, the court may extend the temporary guardianship, for

good cause shown, for not more than two 30-day periods.

Sec. 67. NRS 159.0535 is hereby amended to read as follows:

159.0535 1. [If the] A proposed ward who is found in [the

State, he] this state must attend the hearing [unless the court for

good cause excuses him from attending.] for the appointment of a

guardian unless:

(a) A certificate signed by a physician who is licensed to

practice in this state specifically states the condition of the

proposed ward and the reasons why the proposed ward is unable

to appear in court; or

(b) A certificate signed by any other person the court finds

qualified to execute a certificate stating the condition of the

proposed ward and the reasons why the proposed ward is unable

to appear in court.

2. If the proposed ward is not in [the State, he] this state, the

proposed ward must attend the hearing only if the court determines

that [his] the attendance of the proposed ward is necessary in the

interests of justice.

Sec. 68. NRS 159.054 is hereby amended to read as follows:

159.054 1. If the court finds the proposed ward competent

and not in need of a guardian, [it] the court shall dismiss the

petition.

2. If the court finds the proposed ward to be of limited capacity

and in need of a special guardian, [it] the court shall enter

[judgment] an order accordingly and specify the powers and duties

of the special guardian.

3. If the court finds that appointment of a general guardian is

required, [it] the court shall appoint [such] a general guardian of the

ward’s person, estate, or person and estate.

Sec. 69. NRS 159.055 is hereby amended to read as follows:

159.055 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 ward, the court shall [make] enter an order appointing a

guardian. The order must:

(a) Specify whether the guardian appointed is guardian of the

person, of the estate, of the person and estate or a special guardian;

(b) Specify whether the ward is a resident or nonresident of this

state;

the guardian; and

(d) Designate the names and addresses , [of the heirs at law and

next of kin of the ward,] so far as may be determined, of:

(1) The relatives of the proposed ward upon whom notice

must be served[.

3. Any notice required by the provisions of this chapter to be

given the heirs at law and next of kin of the ward is sufficient if

mailed to the persons listed in the order of appointment or in any

amendment to that order which may be made by the court.]

pursuant to NRS 159.047; and

(2) Any other interested person.

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

(a) The relatives of the proposed ward upon whom notice must

be served pursuant to NRS 159.047; and

(b) Any other interested person.

Sec. 70. NRS 159.057 is hereby amended to read as follows:

159.057 1. Where the appointment of a guardian is sought for

two or more proposed wards who are children of a common parent,

parent and child or husband and wife, it is not necessary that

separate petitions, bonds and other papers be filed with respect to

each proposed ward or wards.

2. If a guardian is appointed for such wards, the guardian

[shall] :

(a) Shall keep separate accounts of the estate of each ward[,

may] ;

(b) May make investments for each ward[, may] ;

wards[, and may] ; and

(d) May sell, lease, mortgage or otherwise manage the property

of one or more wards.

3. The guardianship may be terminated with respect to less

than all the wards in the same manner as provided by law with

respect to a guardianship of a single ward.

Sec. 71. NRS 159.059 is hereby amended to read as follows:

159.059 Any qualified person or entity that the court finds

suitable may serve as a guardian. A person is not qualified to serve

as a guardian who:

1. Is an incompetent.

2. Is a minor.

3. Has been convicted of a felony[.] , unless the court finds

that it is in the best interests of the ward to appoint the convicted

felon as the guardian of the ward.

4. Has been suspended for misconduct or disbarred from [the] :

(a) The practice of law ;

(b) The practice of accounting; or

(1) Involves or may involve the management or sale of

money, investments, securities or real property; and

(2) Requires licensure in this state or any other state,

during the period of the suspension or disbarment.

5. Is a nonresident of this state and [has not:

(a) Associated] :

(a) Is not a foreign guardian of a nonresident proposed ward

pursuant to subsection 2 of NRS 159.049;

(b) Has not associated as a coguardian, a resident of this state or

a banking corporation whose principal place of business is in this

state; and

[(b) Caused the appointment to be filed]

6. Has been judicially determined, by clear and convincing

evidence, to have committed abuse, neglect or exploitation of a

child, spouse, parent or other adult [.] , unless the court finds that it

is in the best interests of the ward to appoint the person as the

guardian of the ward.

Sec. 72. NRS 159.061 is hereby amended to read as follows:

159.061 1. The parents of a minor, or either parent, if

qualified and suitable, are preferred over all others for appointment

as guardian for the minor. The appointment of a parent as a

guardian of the person must not conflict with a valid order for

custody of the minor. In determining whether the parents of a

minor, or either parent, is qualified and suitable, the court shall

consider, without limitation:

(a) Which parent has physical custody of the minor;

(b) The ability of the parents or parent to provide for the basic

needs of the child, including, without limitation, food, shelter,

clothing and medical care;

of alcohol or any controlled substance during the previous 6 months,

except the use of marijuana in accordance with the provisions of

chapter 453A of NRS; and

(d) Whether the parents or parent has been convicted of a crime

of moral turpitude, a crime involving domestic violence or a crime

involving the exploitation of a child.

2. Subject to 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:

(a) Any request for the appointment as guardian for an

incompetent contained in a written instrument executed by the

incompetent while competent.

(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.

years of age or older made by the minor.

(d) The relationship by blood , adoption or marriage of the

proposed guardian to the proposed ward. 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) Spouse.

(2) Adult child.

(3) Parent.

(4) Adult sibling.

(5) Grandparent or adult grandchild.

(6) Uncle, aunt, adult niece or adult nephew.

(e) Any recommendation made by a master of the court or

special master pursuant to NRS 159.0615.

(f) Any request for the appointment of any other interested

person that the court deems appropriate.

4. If the court finds that there is no suitable person to appoint

as guardian pursuant to subsection 3, the court may appoint as

guardian:

(a) The public guardian of the county where the ward resides,

if:

(1) There is a public guardian in the county where the ward

resides; and

(2) The proposed ward qualifies for a public guardian

pursuant to chapter 253 of NRS; or

(b) A private fiduciary who may obtain a bond in this state and

who is a resident of this state, if the court finds that the interests of

the ward will be served appropriately by the appointment of a

private fiduciary.

Sec. 73. NRS 159.0615 is hereby amended to read as follows:

159.0615 1. If the court determines that a person [is] may be

in need of a guardian , [pursuant to NRS 159.054,] 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 ward.

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 [his] a recommendation regarding which person is most

qualified and suitable to serve as guardian for the proposed ward.

Sec. 74. NRS 159.0617 is hereby amended to read as follows:

159.0617 If the court or a master of the court or [a] special

master appointed pursuant to NRS 159.0615 finds that [a person,

including, but not limited to,] a parent or other relative, teacher,

friend or neighbor of a proposed ward[:] or any other interested

person:

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 or a master of the court or [a] special master appointed

pursuant to NRS 159.0615 may allow the person to testify at any

hearing held pursuant to this chapter to determine the person most

qualified and suitable to serve as guardian for the proposed ward.

Sec. 75. NRS 159.065 is hereby amended to read as follows:

159.065 1. Except as otherwise provided by law, every

guardian shall, before entering upon his 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 ward and the estate of the ward, and

conditioned upon the faithful discharge by the guardian of his

authority and duties according to law. The bond [shall] must be

approved by the clerk. Sureties [shall] 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 ward,

no bond [shall be] is required of [such] the guardian, unless

specifically required by the court.

3. Joint guardians may unite in a bond to the ward or wards, or

each may give a separate bond.

4. If there are no assets of the ward, no bond [shall be] is

required of the guardian.

5. If a person is appointed in a will to be guardian and the will

provides that no bond is to be required of [such] the guardian, the

court may direct letters of guardianship to issue to the [person on his

taking and subscribing] guardian after the guardian:

(a) Takes and subscribes the oath of office ; and [filing his]

(b) Files the appropriate documents which contain the full

legal name and address [in the proceeding.] 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.

Sec. 76. NRS 159.073 is hereby amended to read as follows:

159.073 Every guardian shall, before entering upon his duties

as guardian and before letters of guardianship may issue[, take] :

1. Take and subscribe the official oath [and file in the

proceeding his name, residence and post office address. The oath, to

be] which must:

(a) Be endorsed on the letters of guardianship [must state that

he] ; and

(b) State that the guardian will well and faithfully perform the

duties of guardian according to law.

2. File in the proceeding the appropriate documents which

include, without limitation, the full legal name of the guardian

and his residence and post office addresses.

Sec. 77. NRS 159.074 is hereby amended to read as follows:

159.074 [Before letters of guardianship may issue, a]

1. A copy of the order appointing the guardian must be served

personally or by mail upon the ward[.] 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 ward’s attorney, if any, and the

investigator.

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

Sec. 78. NRS 159.075 is hereby amended to read as follows:

159.075 When a guardian has taken the official oath and filed a

bond as provided [herein,] in this chapter, the court shall [cause to

be issued] order letters of guardianship to issue to the guardian.

Letters of guardianship may be in the following form:

State of Nevada}

}ss.

County of.... }

[To All To Whom These Presents Come, Greeting:

Know Ye, that on] On .......... (month) .......... (day) ..........(year)

the ................ Judicial District Court, ................ County, State of

Nevada, appointed......................... (name of guardian)

...........................(guardian of the person or estate or person and

estate or special guardian) for ........................, (name of ward) a(n)

........................., (minor or adult) that the named guardian has

qualified and has the authority and shall perform the duties of

.............................................................................. (guardian of the

person or estate or person and estate or special guardian) for the

named ward 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

Sec. 79. NRS 159.079 is hereby amended to read as follows:

159.079 1. Except as otherwise ordered by the court, a

guardian of the person has the care, custody and control of the

person of the ward, and has the authority and, subject to subsection

2, shall perform the duties necessary for the proper care,

maintenance, education and support of the ward, including the

following:

(a) Supplying the ward with food, clothing, shelter and all

incidental necessaries.

(b) Authorizing medical, surgical, dental, psychiatric,

psychological, hygienic or other remedial care and treatment for the

ward.

that [he] the ward 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 ward. A guardian of the person is not required to

incur expenses on behalf of the ward except to the extent that the

estate of the ward is sufficient to reimburse the guardian.

3. 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.

Sec. 80. NRS 159.0795 is hereby amended to read as follows:

159.0795 1. A special guardian shall exercise [his]

supervisory authority over the ward in a manner which is least

restrictive of the ward’s personal freedom and which is consistent

with the ward’s need for supervision and protection.

2. A special guardian has the powers set forth in the order

appointing the special guardian and any other powers given to

him in an emergency which are necessary and consistent to

resolve the emergency or protect the ward from imminent harm.

Sec. 81. NRS 159.0801 is hereby amended to read as follows:

159.0801 1. Except when responding to an emergency, a

special guardian of a person of limited capacity shall apply to the

court for instruction or approval before commencing any act

relating to the person of limited capacity.

2. The court may grant a special guardian of a person of limited

capacity the power to manage and dispose of [his ward’s] the estate

of the ward pursuant to NRS 159.117 to 159.175, inclusive, and

perform any other act relating to the ward upon specific instructions

or approval of the court.

Sec. 82. NRS 159.0805 is hereby amended to read as follows:

159.0805 [A]

1. Except as otherwise provided in subsection 2, a guardian

shall not consent to :

(a) The experimental , medical, biomedical or behavioral

treatment[, or] of a ward;

(b) The sterilization of a ward[, or to the ward’s] ;

experiment[, unless he is specifically empowered to do so by the

court.] ; or

(d) The commitment of a ward to a mental health facility.

2. The guardian may consent to and commence any

treatment, experiment or commitment described in subsection 1 if

the guardian applies to and obtains from the court authority to

consent to and commence the treatment, experiment or

commitment.

3. The court may authorize [experimental treatment or

participation] the guardian to consent to and commence any

treatment, experiment or commitment described in subsection 1

only if[:

1. It is] the treatment, experiment or commitment:

(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

ward; or

[2. It is]

(b) Is intended to assist the ward to develop or regain [his] the

ward’s abilities.

Sec. 83. NRS 159.081 is hereby amended to read as follows:

159.081 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 ward and the exercise of authority and

performance of duties by the guardian:

(a) Annually [within] , not later than 60 days after the

anniversary date of [his appointment;] the appointment of the

guardian; and

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

2. The guardian of the person shall give to the guardian of the

estate, if any, a copy of each report [within] not later than 30 days

after [such report has been] the date the report is filed with the

court.

3. The court is not required to hold a hearing or enter an

order regarding the report.

Sec. 84. NRS 159.085 is hereby amended to read as follows:

159.085 1. [Within] Not later than 60 days after the date of

[his appointment,] the appointment of a general or special

guardian of the estate or, if necessary, such further time as the court

may allow, [a guardian of the estate] the guardian shall make and

file in the guardianship proceeding a verified inventory of all of the

property of the ward which comes to [his] the possession or

knowledge[.] of the guardian.

2. A temporary guardian of the estate who is not appointed as

the general or special guardian shall file an inventory with the

court by not later than the date on which the temporary guardian

files a final accounting as required pursuant to NRS 159.177.

3. The guardian shall take and subscribe an oath, which must

be endorsed or attached to the inventory, before any person

authorized to administer oaths, that the inventory contains a true

statement of:

(a) All of the estate of the ward which has come into the

possession of the guardian;

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

4. Whenever any property of the ward not mentioned in the

inventory comes to the possession or knowledge of a guardian of the

estate, [he shall make] the guardian shall:

(a) Make and file in the proceeding a verified supplemental

inventory [within] not later than 30 days after the date the property

comes to [his] the possession or knowledge of the guardian; or

[include]

(b) Include the property in [his] the next accounting.

5. The court may order which of the two methods described in

subsection 4 the guardian shall follow.

[3.] 6. The court may order all or any part of the property of the

ward appraised as provided in [NRS 144.020, 144.025, 144.030,

144.070 and 144.090.] sections 6 and 7 of this act.

7. If the guardian neglects or refuses to file the inventory

within the time required pursuant to subsection 1, the court may,

for good cause shown and upon such notice as the court deems

appropriate:

(a) Revoke the letters of guardianship and the guardian shall

be liable on the bond for any loss or injury to the estate caused by

the neglect of the guardian; or

(b) Enter a judgment for any loss or injury to the estate caused

by the neglect of the guardian.

Sec. 85. NRS 159.087 is hereby amended to read as follows:

159.087 [Within] Not later than 60 days after the date of [his

appointment,] the appointment of a guardian of the estate , the

guardian shall cause to be recorded, in the official records of each

county in which real property of the ward is [situated] located other

than the county in which the guardian is appointed, a copy, certified

by the clerk of the court, of the [order of appointment.] letters of

guardianship.

Sec. 86. NRS 159.089 is hereby amended to read as follows:

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

[all] :

(a) All of the property of substantial value of the ward[, of

rents,] ;

(b) Rents, income, issues and profits from [such] the property,

whether accruing before or after the appointment of the guardian[,

and of the] ; and

disposition of [such] the property.

2. The guardian may permit the ward to have possession and

control of [such] the personal property and funds as are appropriate

to the needs and capacities of the ward.

3. The title to all property of the ward is in the ward and not in

the guardian.

4. A guardian shall secure originals, when available, or

copies of any:

(a) Contract executed by the ward;

(b) Power of attorney executed by the ward;

without limitation, a last will and testament, durable power of

attorney and revocable trust of the ward;

(d) Revocable or irrevocable trust in which the ward has a

vested interest as a beneficiary; and

(e) Writing evidencing a present or future vested interest in

any real or intangible property.

Sec. 87. NRS 159.091 is hereby amended to read as follows:

159.091 Upon the filing of a petition in the guardianship

proceeding by the guardian, the ward or any other interested person,

alleging that any person is indebted to the ward, has or is suspected

of having concealed, embezzled, converted or disposed of any

property of the ward or has possession or knowledge of any such

property or of any writing relating to such property, the court may

require [such] the person to appear and answer under oath

concerning the matter . [, and proceed as provided in NRS 143.110

and 143.120.]

Sec. 88. NRS 159.093 is hereby amended to read as follows:

159.093 1. A guardian of the estate [shall demand,] :

(a) Shall demand all debts and other choses in action due to

the ward; and

(b) With prior approval of the court, may sue for and receive all

debts and other choses in action due to the ward.

2. A guardian of the estate, with prior approval of the court by

order, may compound or compromise any [such] debt or other chose

in action due the ward and give a release and discharge to the debtor

or other obligor.

Sec. 89. NRS 159.095 is hereby amended to read as follows:

159.095 1. A guardian of the estate shall appear for and

represent the ward in all actions, suits or proceedings to which the

ward is a party, unless a guardian ad litem is appointed in the action,

suit or proceeding. If a guardian ad litem is appointed in the

action, suit or proceeding, the guardian of the estate shall notify

the court that the guardian ad litem has been appointed in the

action, suit or proceeding.

2. Upon final resolution of the action, suit or proceeding, the

guardian of the estate shall notify the court of the outcome of the

action, suit or proceeding.

3. If the person of the ward 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 ward in [such] the action, suit or

proceeding.

Sec. 90. NRS 159.105 is hereby amended to read as follows:

159.105 [A]

1. Other than claims for attorney’s fees that are subject to the

provisions of subsection 3, a guardian of the estate may pay from

the guardianship estate [his own] the following claims without

complying with the provisions of this section and NRS 159.107

and 159.109:

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

(b) Any claims accruing after the appointment of the guardian

[arising] which arise from contracts entered into by the guardian on

behalf of the ward . [, without complying with NRS 159.105 to

159.109, inclusive, but such]

2. The guardian shall report all claims and the payment

[thereof shall be reported by the guardian in his account made and

filed] of claims made pursuant to subsection 1 in the account that

the guardian makes and files in the guardianship proceeding

following each [such] payment.

3. Claims for attorney’s fees which are associated with the

commencement and administration of the guardianship of the

estate:

(a) May be made at the time of the appointment of the

guardian of the estate or any time thereafter; and

(b) May not be paid from the guardianship estate unless the

payment is made in compliance with the provisions of this section

and NRS 159.107 and 159.109.

Sec. 91. NRS 159.109 is hereby amended to read as follows:

159.109 1. A guardian of the estate shall examine each claim

presented to him[.] for payment. If the guardian is satisfied that the

claim is appropriate and just, [he] the guardian shall:

(a) Endorse upon [it] the claim the words “examined and

allowed” and the date;

(b) Officially subscribe [such] the notation; and

2. If the guardian is not satisfied that the claim is just, [he] the

guardian shall:

(a) Endorse upon [it] the claim the words “examined and

rejected” and the date;

(b) Officially subscribe [such] the notation; and

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.

Sec. 92. NRS 159.111 is hereby amended to read as follows:

159.111 1. If, [within] 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 [claim or a like] rejected

claim in the guardianship proceeding for summary determination by

the court; or

(b) Commence an action or suit on the claim[. Such action or

suit shall be brought] against the guardian in [his] the guardian’s

fiduciary capacity and any judgment or decree obtained [shall] must

be satisfied only from property of the ward.

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 [of such filing] that he

has filed such a request on the guardian. [Within]

3. Not later than 20 days after [such] the date of service , the

guardian may serve notice of objection to summary determination

on the claimant . [and file a copy of such notice in the guardianship

proceeding.] If the guardian serves [such] the claimant with notice

and files [such copy,] a copy of the notice with the court, the court

shall not enter a summary determination [shall not be had.] 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 [such notice and file such copy]

the claimant with notice of objection to summary determination or

file a copy of the notice with the court, the court[, after notice to

the claimant and guardian, shall hear] shall:

(a) Hear the matter[,] and determine the claim or like claim in

a summary manner ; and [make an]

(b) Enter an order allowing or rejecting the claim, either in

whole or in part. No appeal may be taken from [such order.

3. ~~If the guardian rejects summary determination of the claim,~~

the claimant may then commence an action or suit on the claim as

provided in subsection 1.] the order.

Sec. 93. NRS 159.113 is hereby amended to read as follows:

159.113 1. [At any time after his appointment,] Before taking

any of the following actions, the guardian [of the estate may] shall

petition the court for an order authorizing the guardian to:

(a) Invest the property of the ward.

(b) Continue the business of the ward.

(d) [Enter] Except as otherwise provided in NRS 159.079, enter

into contracts for the ward or complete the performance of contracts

of the ward.

(e) Make gifts from the ward’s estate or make expenditures for

the ward’s relatives.

(f) Sell, lease, place into any type of trust or surrender any

property of the ward.

(g) Exchange or partition the ward’s property.

(h) Obtain advice, instructions and approval of any other

proposed act of the guardian relating to the ward’s property.

(i) Release the power of the ward as trustee, personal

representative, custodian for a minor or guardian.

(j) Exercise or release the power of the ward as a donee of a

power of appointment.

(k) Change the state of residence or domicile of the ward.

(l) Exercise the right of the ward to take under or against a

will.

(m) Transfer to a trust created by the ward any property

unintentionally omitted from the trust.

(n) Submit a revocable trust to the jurisdiction of the court if:

(1) The ward or the spouse of the ward, or both, are the

grantors and sole beneficiaries of the income of the trust; or

(2) The trust was created by the court.

(o) Take any other action which the guardian deems would be

in the best interests of the ward.

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

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

(b) A concise statement as to the condition of the ward’s estate.

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.

3. 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.

4. A petition filed pursuant to paragraphs (b) and (d) of

subsection 1 may be consolidated in and filed with the petition for

the appointment of the guardian, and if the guardian is appointed the

court may enter additional orders authorizing the guardian to

continue the business of the ward, enter contracts for the ward, or to

complete contracts of the ward.

Sec. 94. NRS 159.115 is hereby amended to read as follows:

159.115 1. Upon the filing of any petition under NRS

159.113 [,] or section 47.5 of this act, or any account, notice must

be given [in accordance with NRS 155.010 to 155.090, inclusive.] :

(a) At least 10 days before the date set for the hearing, by

mailing a copy of the notice by regular mail to the residence,

office or post office address of each person required to be notified

pursuant to subsection 3;

(b) At least 10 days before the date set for the hearing, by

personal service;

cannot be ascertained with reasonable diligence, by publishing a

copy of the notice in a newspaper of general circulation in the

county where the hearing is to be held, the last publication of

which must be published at least 10 days before the date set for the

hearing; or

(d) In any other manner ordered by the court, for good cause

shown.

2. The notice must:

(a) Give the name of the ward.

(b) Give the name of the petitioner.

(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.

[2.] 3. At least 10 days before the [day of] date set for the

hearing, the petitioner shall cause a copy of the notice to be mailed

to the following:

(a) Any minor ward [over the age of] who is 14 years[.] of age

or older or the parent or legal guardian of any minor ward who is

less than 14 years of age.

(b) The spouse of the ward and other heirs [at law and next of

kin,] of the ward who are related within the second degree of

consanguinity so far as known to the petitioner . [, of the ward.]

is not the petitioner.

(d) Any person or [institution] care provider having the care,

custody or control of the ward.

(e) Any office of the Department of Veterans Affairs in this state

if the ward is receiving any payments or benefits through the

Department of Veterans Affairs.

(f) Any other interested person or his attorney who has filed a

request for notice in the guardianship proceeding and served a copy

of the request upon the guardian. The request for notice must state

the interest of the person filing the request, and his name and

address, or that of his attorney. If the notice so requests, copies of all

petitions and accounts must be mailed to [that] the interested person

or his attorney.

4. An interested person who is entitled to notice pursuant to

subsection 3 may, in writing, waive notice of the hearing of a

petition.

5. Proof of giving notice must be:

(a) Made on or before the date set for the hearing; and

(b) Filed in the guardianship proceeding.

Sec. 95. NRS 159.117 is hereby amended to read as follows:

159.117 1. Upon approval of the court by order, a guardian

of the estate may:

(a) Invest the property of the ward, make loans and accept

security therefor, in the manner and to the extent authorized by the

court.

(b) Exercise options of the ward 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 ward in the

following:

(a) Savings accounts in any bank, credit union or savings and

loan association in this state, to the extent that [such] the deposits

are insured by the Federal Deposit Insurance Corporation, the

National Credit Union Share Insurance Fund or a private insurer

approved pursuant to NRS 678.755.

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

United States.

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 wards may invest

the property of two or more of the wards in property in which each

ward whose property is so invested has an undivided interest. The

guardian shall keep a separate record showing the interest of each

ward in the investment and in the income, profits or proceeds

therefrom.

4. Upon approval of the court, for a period authorized by the

court, a guardian of the estate may maintain the assets of the ward

in the manner in which the ward had invested the assets before the

ward’s incapacity.

Sec. 96. NRS 159.119 is hereby amended to read as follows:

159.119 A guardian of the estate, with prior approval of the

court by order, may continue any business of the ward. The order

may provide for any one or more of the following:

1. The conduct or reorganization of the business solely by the

guardian, jointly by the guardian with one or more of the ward’s

partners , shareholders, members, or joint venturers or as a

corporation or limited-liability company of which the ward is or

becomes a shareholder[.] or member.

2. The extent to which the guardian may incur liability of the

estate of the ward for obligations arising from the continuation of

the business.

3. Whether liabilities incurred in the conduct of the business

are to be chargeable solely to the part of the estate of the ward

allocated for use in the business or to the estate as a whole.

4. The period of time during which the business may be

conducted.

5. [Such] Any other conditions, restrictions, regulations and

requirements as the court considers proper.

Sec. 97. NRS 159.125 is hereby amended to read as follows:

159.125 1. A guardian of the estate, with prior approval of

the court by order, may, from the estate of the ward which is not

necessary for the proper care, maintenance, education and support of

the ward and of persons to whom the ward owes a legal duty of

support:

[1.] (a) Make reasonable gifts directly, or into a trust, on behalf

of the ward.

[2.] (b) Provide for or contribute to the care, maintenance,

education or support of persons who are or have been related to the

ward by blood , adoption or marriage.

[3.] (c) Pay or contribute to the payment of reasonable expenses

of remedial care and treatment for and the funeral and burial of

persons who are or have been related to the ward by blood ,

adoption or marriage.

2. Any petition filed by a guardian pursuant to this section

must state whether:

(a) The purpose of the guardian in seeking approval to make

the gift, payment or contribution is to dispose of assets to make the

ward eligible for Medicaid; and

(b) Making the gift, payment or contribution will cause the

ward to become eligible for Medicaid.

Sec. 98. NRS 159.132 is hereby amended to read as follows:

159.132 1. Any interest of a ward in real or personal

property, including interests in contracts and choses in action, may

be sold pursuant to this chapter.

2. The interest of a ward in a partnership or limited-liability

company may be sold as personal property, and another partner or

member may be the purchaser.

Sec. 99. NRS 159.134 is hereby amended to read as follows:

159.134 1. All sales of real [or personal] property of a ward

must be [made in the same manner as the property of the estate of a

decedent is sold under NRS 148.060 and 148.080 to 148.400,

inclusive.] :

(a) Reported to the court; and

(b) Confirmed by the court before the title to the real property

passes to the purchaser.

2. The report and a petition for confirmation of the sale must

be filed with the court not later than 30 days after the date of each

sale.

3. The court shall set the date of the hearing and give notice

of the hearing in the manner required pursuant to NRS 159.115 or

as the court may order.

4. An interested person may file written objections to the

confirmation of the sale. 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.

5. Before the court confirms a sale, the court must find that

notice of the sale was given in the manner required pursuant to

sections 16, 17 and 18 of this act.

Sec. 100. NRS 159.161 is hereby amended to read as follows:

159.161 1. Petitions to secure court approval of any lease

[shall describe] :

(a) Must include the parcel number assigned to the property to

be leased [with reasonable certainty] 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 [such petition,] a petition pursuant to

subsection 1, if the court is satisfied that [such] the lease is for the

best interests of the ward and [his estate, it] the estate of the ward,

the court shall enter an order authorizing the guardian to enter into

[such] the lease.

Sec. 101. NRS 159.165 is hereby amended to read as follows:

159.165 1. If the property to be leased consists of mining

claims, an interest in [such] 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 ward’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 159.115,] section 43 of this act, the

guardian shall publish a copy of the notice at least twice, the first

publication to be at least 10 days prior to the date set for the hearing

and the second publication to be not earlier than [1 week] 7 days

after the date of the first publication. [Such notice shall] The notice

must be published in [a] :

(a) A newspaper that is published in the county where the

property is [situated, or if] located; or

(b) If no newspaper is published in [such county, then in] the

county where the property is located, a newspaper of general

circulation in [such county,] that county which is designated by the

court.

Sec. 102. NRS 159.169 is hereby amended to read as follows:

159.169 1. A guardian of the estate may petition the court for

advice and instructions in any matter concerning:

(a) The administration of the ward’s estate;

(b) The priority of paying claims;

funds;

(d) Elections for or on behalf of the ward to take under the will

of a deceased spouse;

(e) Exercising for or on behalf of the ward [any] :

(1) Any options or other rights under any policy of insurance

or annuity; and

(2) The right to take under a will, trust or other devise;

(f) The propriety of exercising any right exercisable by owners

of property; and

(g) Matters of a similar nature.

2. Any act done by a guardian of the estate after securing court

approval or instructions with reference to the matters set forth in

subsection 1 is binding upon the ward or those claiming through the

ward, and the guardian is not personally liable for performing any

such act.

3. If any [other party] interested person may be adversely

affected by the proposed act of the guardian, the court shall direct

the issuance of a citation to that [party,] 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 [party]

interested person to appear and show cause why the proposed act of

the guardian should not be authorized or approved. All [parties]

interested persons so served are bound by the order of the court

which is final and conclusive, subject to any right of appeal.

Sec. 103. NRS 159.173 is hereby amended to read as follows:

159.173 [In case of the sale or other transfer by] If a guardian

of the estate [of] sells or transfers any real or personal property that

is specifically devised or bequeathed by the ward [who] or which is

held by the ward as a joint tenancy, designated as being held by

the ward in trust for another person or held by the ward as a

revocable trust and the ward was competent to make a will or

create the interest at the time [he executed] the will or interest was

created, but was not competent to make a will or create the interest

at the time of the sale or transfer and never executed a valid later

will [after removal of the legal disability,] or changed the manner

in which the ward held the interest, the devisee , beneficiary or

legatee may [at his option] elect to take the proceeds of [such] the

sale or other transfer [with the incidents of a] of the interest,

specific devise or bequest.

Sec. 104. NRS 159.177 is hereby amended to read as follows:

159.177 A guardian of the estate or special guardian who is

authorized to manage the ward’s property shall make and file a

verified account in the guardianship proceeding:

1. Annually [within] , not later than 60 days after the

anniversary date of [his appointment, unless,] the appointment of

the guardian, unless the court [otherwise orders.] 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 ward.

2. Upon filing [his] a petition to resign and before [his] the

resignation is accepted by the court.

3. Within 30 days after the date of his removal[.] , unless the

court authorizes a longer period.

4. Within 90 days after the date of termination of the

guardianship[.

5. At such other times] or the death of the ward, unless the

court authorizes a longer period.

5. At any other time as required by law or as the court may

order.

Sec. 105. NRS 159.179 is hereby amended to read as follows:

159.179 1. An account made and filed by a guardian of the

estate or special guardian who is authorized to manage the ward’s

property must include , without limitation, the following

information:

(a) The period covered by the account.

(b) All cash receipts and disbursements during the period

covered by the account.

account.

(d) Any changes in the ward’s property due to sales, exchanges,

investments, acquisitions, gifts, mortgages or other transactions

which have increased, decreased or altered the ward’s property

holdings as reported in the original inventory or the preceding

account.

(e) [Such] Any other information [as] the guardian considers

necessary to show the condition of the affairs of the ward.

2. If the account is for the estates of two or more wards, it must

show the interest of each ward in the receipts, disbursements and

property.

3. Receipts or vouchers for all expenditures must be retained

by the guardian for examination [under the procedures provided in

NRS 150.150.] by the court or an interested person. Unless

ordered by the court, the guardian is not required to file such

receipts or vouchers with the court.

4. 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.

5. 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.

Sec. 106. NRS 159.181 is hereby amended to read as follows:

159.181 1. Any interested person [interested in the

guardianship] may appear at the hearing and object to the account or

file written objections [thereto] to the account prior to the hearing.

2. If there are no objections to the account or if the court

overrules [such] any objections , the court may enter an order

allowing and confirming the account.

[2. ~~The]~~

3. Except as otherwise provided in this subsection, the order

settling and allowing the account[, when it becomes final,] 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 ward who requests an

examination of any account after the ward’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 ward, the court may order the interested

person to pay to the estate of the ward all or part of the expenses

associated with the objection.

Sec. 107. NRS 159.183 is hereby amended to read as follows:

159.183 [A guardian shall]

1. Subject to the discretion and approval of the court, a

guardian must be allowed [reasonable] :

(a) Reasonable compensation for [his services as guardian and

the necessary] the guardian’s services;

(b) Necessary and reasonable expenses incurred in exercising

[his] the authority and performing [his duties . The guardian shall be

allowed reasonable] the duties of a guardian; and

attorneys, appraisers or other professional services.

2. Reasonable compensation and services [will] 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

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 ward. In evaluating the ability of a

ward to pay such compensation and expenses, the court may

consider:

(a) The nature, extent and liquidity of the ward’s assets;

(b) The disposable net income of the ward;

(d) Any other factors that are relevant to the duties of the

guardian pursuant to NRS 159.079 or 159.083.

Sec. 108. NRS 159.185 is hereby amended to read as follows:

159.185 [1.] The court may remove a guardian if the court

determines that:

[(a)] 1. The guardian has become [disqualified,] mentally

incompetent, unsuitable or otherwise incapable of exercising [his]

the authority and performing [his] the duties of a guardian as

provided by law;

[(b)] 2. The guardian is no longer qualified to act as a

guardian pursuant to NRS 159.059;

3. The guardian has filed for bankruptcy within the previous

5 years;

4. The guardian of the estate has mismanaged the estate of the

ward;

[(c)] 5. The guardian has negligently failed to perform any

duty as provided by law or by any order of the court and:

(a) The negligence resulted in injury to the ward or his estate;

(b) There was a substantial likelihood that the negligence

would result in injury to the ward or his estate;

6. The guardian has intentionally failed to perform any duty as

provided by law or by any lawful order of the court[; or

(d)] , regardless of injury; or

7. The best [interest] interests of the ward will be served by the

appointment of another person as guardian.

[2. Upon its own motion or upon a petition filed by a ward who

is a minor 14 years of age or older, by any person for a ward who is

an incompetent or a minor under 14 years of age, or by any other

interested person, the court may make an order directing the

issuance of a citation requiring the guardian to appear and show

cause why he should not be removed. The citation shall require the

guardian to appear and show cause within the applicable period of

time required for appearance after service of summons, and shall be

served and returned as summons is served and returned in a civil

action.]

Sec. 109. NRS 159.187 is hereby amended to read as follows:

159.187 1. When a guardian dies[,] or is removed by order

of [the court or his resignation is accepted by] the court, the court,

upon [its] 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 ward

pursuant to this section, the ward must be served with the petition.

If the ward does not object to the appointment, the ward is not

required to attend the hearing.

Sec. 110. NRS 159.1905 is hereby amended to read as

follows:

159.1905 1. A ward, the guardian or another person may

petition the court for the termination or modification of a

guardianship. The petition must state or contain:

[1.] (a) The name and address of the petitioner.

[2.] (b) The relationship of the petitioner to the ward.

petitioner, or the date of death of the ward if the ward is deceased.

[3.] (d) The name and address of the guardian, if the guardian is

not the petitioner.

[4.] (e) The reason for termination or modification.

[5.] (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 ward and the proposed disposition of that property.

2. Upon the filing of the petition, the court may appoint an

attorney to represent the ward if:

(a) The ward is unable to retain an attorney; and

(b) The court determines that the appointment is necessary to

protect the interests of the ward.

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 ward.

4. The court shall issue a citation to the guardian and all

interested persons requiring them to appear and show cause why

termination or modification of the guardianship should not be

granted.

5. If the court finds that the petitioner did not file a petition

for termination or modification in good faith or in furtherance of

the best interests of the ward, the court may:

(a) Disallow the petitioner from petitioning the court for

attorney’s fees from the estate of the ward; and

(b) Impose sanctions on the petitioner in an amount sufficient

to reimburse the estate of the ward for all or part of the expenses

and for any other pecuniary losses which are incurred by the

estate of the ward and associated with the petition.

Sec. 111. NRS 159.191 is hereby amended to read as follows:

159.191 1. A guardianship of the person is terminated:

[1. ~~If for a minor, when he reaches the age of majority~~

according to the law of his domicile;

2.] (a) By the death of the ward;

[3.] (b) Upon the ward’s change of domicile to a place outside

this state and the transfer of jurisdiction to the court having

jurisdiction in the new domicile; [or

4.] (c) Upon order of the court, if the court determines that the

guardianship no longer is necessary[.] ; or

(d) If the ward is a minor:

(1) On the date on which the ward reaches 18 years of age;

(2) On the date on which the ward graduates from high

school or becomes 19 years of age, whichever occurs sooner, if:

(I) The ward will be older than 18 years of age upon

graduation from high school; and

(II) The ward 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 ward will become 18 years of

age.

2. A guardianship of the estate is terminated if the court:

(a) Removes the guardian or accepts the resignation of the

guardian and does not appoint a successor guardian; or

(b) Determines that the guardianship is not necessary and

orders the guardianship terminated.

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.

Sec. 112. NRS 159.193 is hereby amended to read as follows:

159.193 1. The guardian of the estate is entitled to possession

of the ward’s property and is authorized to perform [his duties as

guardian for] the duties of the guardian to wind up the affairs of

the guardianship:

(a) For a period [not exceeding 90 days] that is reasonable and

necessary after the termination of the guardianship [or until] ;

(b) Except as otherwise provided in paragraph (c) for not more

than 90 days after the date of the appointment of [an executor or

administrator] a personal representative of the estate of a deceased

ward[, to wind up the guardianship affairs. During such time] ; or

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:

[1.] (a) Pay all expenses of administration of the guardianship

estate, including those incurred in winding up the affairs of the

guardianship.

[2.] (b) Complete the performance of any contractual

obligations incurred by [him as guardian.

3.] the guardianship estate.

(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 ward, examine and allow and pay, or reject, all claims

presented to [him] the guardian prior to the termination of the

guardianship for obligations incurred prior to [such] the termination.

Sec. 113. NRS 159.195 is hereby amended to read as follows:

159.195 1. If the guardianship is terminated by reason of the

death of the ward[, any] :

(a) Except as otherwise provided in NRS 159.197, the

guardian shall report to the personal representative claims which

are presented to the guardian, or which have been presented to the

guardian but have not been paid, except those incurred in paying the

expenses of administration of the guardianship estate and in winding

up [its ~~affairs, shall be reported by the guardian to the executor or~~

administrator.] the affairs of the guardianship estate.

(b) Claims which have been allowed by the guardian, but not

paid, shall be paid by the [executor or administrator] 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.

rejected shall be acted upon by the [executor or administrator]

personal representative in the same manner as other claims against

a decedent.

2. The [executor or administrator] personal representative

shall be substituted as the party in interest for the guardian in any

action commenced or which may be commenced by the creditor

pursuant to NRS 159.107, including summary determination, on any

claim rejected by the guardian.

Sec. 114. NRS 159.197 is hereby amended to read as follows:

159.197 1. After the winding up of the affairs of the

guardianship, the guardian shall deliver physical possession of all of

the ward’s property to the ward, [his executor or administrator] the

personal representative or the successor guardian, as the case may

be, and obtain a receipt [therefor.] of the delivery of the property.

2. Before the guardian delivers physical possession of the

ward’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 ward, the court, by order, may authorize the guardian to

[distribute] handle the deceased ward’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 [$50,000, or as authorized by NRS

146.080, if the gross value of the property remaining in the hands of

the guardian does not exceed $20,000.] the amount authorized

pursuant to NRS 146.070 or 146.080.

Sec. 115. NRS 159.199 is hereby amended to read as follows:

159.199 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 [his bond.] the bond of the guardian.

2. A guardian is not relieved of liability for his term as

guardian until an order of discharge is entered and filed with the

court.

Sec. 116. NRS 159.201 is hereby amended to read as follows:

159.201 [If at any time during the course of the proceedings]

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 ward’s property does

not exceed $5,000 . [,]

2. If the court grants a summary administration, the court

may:

[1.] (a) Authorize the guardian of the estate or special guardian

who is authorized to manage the ward’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 [it] the money as provided in NRS

159.117, and hold the investment and all interest, issues, dividends

and profits for the benefit of the ward. The court may dispense with

annual accountings and all other proceedings required by this

chapter.

[2.] (b) If the ward is a minor, terminate the guardianship of the

estate and direct the guardian to deliver the ward’s property to the

custodial parent[,] or parents, guardian or custodian of the 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 ward

exceeds $5,000:

(a) The guardian shall file an amended inventory and

accounting with the court;

(b) The guardian shall file annual accountings; and

Sec. 117. NRS 159.205 is hereby amended to read as follows:

159.205 1. Except as otherwise provided in this section or

NRS 127.045, [any competent adult person residing in this state

may be appointed as the temporary guardian of the person of a

minor child residing in this state,] a parent, without the approval of

a court, [by an instrument in writing providing for the appointment,

executed by both parents if living, not divorced and in legal custody

of the minor, otherwise by the parent having legal custody, and

acknowledged in the same manner as deeds are acknowledged in

this state.] 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

care decisions concerning the minor,

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 [contain a

provision for its expiration on a date not more than 6 months after

the date of execution unless renewed by an acknowledged writing

before its expiration date. If such a provision is not included in the

instrument, the instrument expires by operation of law 6 months

after the date of its execution.

3.] 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

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 [temporary] 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.

Sec. 118. NRS 200.50986 is hereby amended to read as

follows:

200.50986 The local office of the Aging Services Division of

the Department of Human Resources or the county’s office for

protective services may petition a court in accordance with NRS

159.185 or 159.1905 or section 36 of this act for the removal of the

guardian of an older person, or the termination or modification of

that guardianship, if, based on its investigation, the Aging Services

Division or the county’s office of protective services has reasonable

cause to believe that the guardian is abusing, neglecting, exploiting

or isolating the older person in violation of NRS 200.5091 to

200.50995, inclusive.

Sec. 119. NRS 159.029 is hereby repealed.

Sec. 120. The amendatory provisions of this act apply to any

proceeding or matter commenced or undertaken on or after

October 1, 2003.

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