Nev. Rev. Stat. § 163.0013 — NV Code / Title 13 / Chapter 163 / Section 163.0013
“Electronic signature” defined
Status: in_force

“ Electronic signature ” has the meaning ascribed to it in NRS 132.118 .
Nev. Rev. Stat. § 159.1845 — NV Code / Title 13 / Chapter 159 / Section 159.1845
Appointment of temporary substitute guardian; removal
Status: in_force

1. The court may appoint a temporary substitute guardian for a protected person for a period not exceeding 6 months if: (a) A proceeding to remove a guardian for the protected person is pending; or (b) The court finds a guardian is not effectively performing the guardian's duties and the welfare of the protected person requires immediate action.

2. Except as otherwise ordered by the court, a temporary substitute guardian appointed under this section has the powers stated in the order of appointment of the guardian. The authority of the existing guardian is suspended for as long as the temporary substitute guardian has authority.

3. The court shall give notice of appointment of a temporary substitute guardian, not later than 5 days after the appointment, to: (a) The protected person; and (b) The affected guardian.

4. The court may remove a temporary substitute guardian at any time. The temporary substitute guardian shall make any report the court requires.
Nev. Rev. Stat. § 162A.390 — NV Code / Title 13 / Chapter 162A / Section 162A.390
Laws applicable to financial institutions and entities
Status: in_force

NRS 162A.200 to 162A.660 , inclusive, does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with NRS 162A.200 to 162A.660 , inclusive.
Nev. Rev. Stat. § 159.0865 — NV Code / Title 13 / Chapter 159 / Section 159.0865
Certification of appraiser, certified public accountant or expert in valuation; form of appraisal or valuation; purchase by appraiser, certified public accountant or expert in valuation without disclosure prohibited; penalties
Status: in_force

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

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

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

4. An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any asset of an estate without full disclosure to and approval by the court is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void, and the asset sold may be recovered by the guardian, protected person or proposed protected person.
Nev. Rev. Stat. § 159A.1857 — NV Code / Title 13 / Chapter 159A / Section 159A.1857
Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear
Status: in_force

If a petition to remove a guardian is deemed sufficient and the guardian fails to appear before the court, the court may take any or all of the following actions:

1. Hold the guardian in contempt of court.

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

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

4. Find that the guardian caused harm to the protected minor or the estate of the protected minor and issue an order accordingly.
Nev. Rev. Stat. § 162B.620 — NV Code / Title 13 / Chapter 162B / Section 162B.620
Application to existing relationships
Status: in_force

1. Except as otherwise provided in this chapter: (a) This chapter applies to a power of appointment created before, on or after October 1, 2017; (b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after October 1, 2017; (c) This chapter applies to a judicial proceeding concerning a power of appointment commenced before October 1, 2017, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies; (d) A rule of construction or presumption provided in this chapter applies to an instrument executed before October 1, 2017, unless there is a clear indication of a contrary intent in the terms of the instrument; and (e) Except as otherwise provided in this subsection, an action done before October 1, 2017, is not affected by this chapter.

2. If a right is acquired, extinguished or barred on the expiration of a prescribed period that commenced under law of this State other than this chapter before October 1, 2017, the law continues to apply to the right.
Nev. Rev. Stat. § 163.335 — NV Code / Title 13 / Chapter 163 / Section 163.335
Registration in name of nominee
Status: in_force

A fiduciary may hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship so that title to the security may pass by delivery, but the fiduciary shall be liable for any act of the nominee in connection with the stock so held.
Nev. Rev. Stat. § 159.1855 — NV Code / Title 13 / Chapter 159 / Section 159.1855
Issuance and service of citation concerning filing of petition for removal; actions of court if protected person or estate may suffer loss or injury during time required for service
Status: in_force

1. If a petition to have a guardian removed is filed with the court, the court shall issue and serve a citation on the guardian and on all other interested persons.

2. The citation must require the guardian to appear and show cause why the court should not remove the guardian.

3. If it appears that the protected person or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the court's own motion or on petition, the court may: (a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction; (b) Compel the guardian to surrender the protected person to a temporary guardian for not more than 30 days; and (c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.
Nev. Rev. Stat. § 160.160 — NV Code / Title 13 / Chapter 160 / Section 160.160
Commitment to Department of Veterans Affairs or other federal agency
Status: in_force

1. In any proceeding under the laws of this State for involuntary court-ordered admission of a person alleged to be mentally ill or otherwise in need of confinement in a hospital or other institution for his or her care, the court may order the admission of that person to the Department of Veterans Affairs or another agency of the Federal Government, whenever: (a) It is determined, after such adjudication of the status of that person as may be required by chapter 433A of NRS , that involuntary court-ordered admission to a hospital for mental disease or another institution is necessary for safekeeping or treatment; and (b) It appears that the person is eligible for care or treatment by the Department of Veterans Affairs or any other agency that has facilities available and that the person is eligible for care or treatment therein.

2. The person whose involuntary court-ordered admission is sought must be personally served with notice of the pending proceeding in the manner provided by chapter 433A of NRS . This chapter does not affect that person's right to appear and be heard in the proceedings.
Nev. Rev. Stat. § 164.820 — NV Code / Title 13 / Chapter 164 / Section 164.820
Payment of undistributed income upon end of mandatory income interest; prorating final payment upon end of obligation to pay fixed annuity or fixed fraction of value of trust's assets
Status: in_force

1. As used in this section, “undistributed income” means net income received before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.

2. When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, his or her share of the undistributed income that is not disposed of under the terms of the trust unless the trustee has an unqualified power to revoke more than 5 percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked must be added to principal.

3. When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements.
Nev. Rev. Stat. § 159.187 — NV Code / Title 13 / Chapter 159 / Section 159.187
Appointment of successor guardian upon death or removal of existing guardian
Status: in_force

1. When a guardian dies or is removed by order of the court, the court, upon the court's own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.

2. If a guardian of the person is appointed for a protected person pursuant to this section, the protected person must be served with the petition. If the protected person does not object to the appointment, the protected person is not required to attend the hearing.
Nev. Rev. Stat. § 159.0455 — NV Code / Title 13 / Chapter 159 / Section 159.0455
Appointment and duties of guardians ad litem
Status: in_force

1. On or after the date of the filing of a petition to appoint a guardian: (a) The court may, in any proceeding, appoint a person to represent the protected person or proposed protected person as a guardian ad litem if the court believes that the protected person or proposed protected person will benefit from the appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person; and (b) The guardian ad litem must represent the protected person or proposed protected person as a guardian ad litem until relieved of that duty by court order.

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

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

4. A guardian ad litem appointed pursuant to this section is an officer of the court and is not a party to the case. A guardian ad litem appointed pursuant to this section shall not offer legal advice to the protected person or proposed protected person but shall: (a) Advocate for the best interests of the protected person or proposed protected person in a manner that will enable the court to determine the action that will be the least restrictive and in the best interests of the protected person or proposed protected person; and (b) Provide any information required by the court.
Nev. Rev. Stat. § 162A.620 — NV Code / Title 13 / Chapter 162A / Section 162A.620
Power of attorney
Status: in_force

A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by NRS 162A.200 to 162A.660 , inclusive:

STATUTORY FORM POWER OF ATTORNEY

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU. YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF.

2. THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

3. THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.

4. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

5. YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT'S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.

6. YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

7. THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A CO-AGENT IN THE SPECIAL INSTRUCTIONS. CO-AGENTS ARE NOT REQUIRED TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.

8. IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A SUCCESSOR AGENT. YOU MAY ALSO NAME A SECOND SUCCESSOR AGENT.

9. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT.

10. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY.

11. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

1. DESIGNATION OF AGENT. I, __________ (insert your name) do hereby designate and appoint: Name: __________ Address: __________ Telephone Number: __________ as my agent to make decisions for me and in my name, place and stead and for my use and benefit and to exercise the powers as authorized in this document.

2. DESIGNATION OF ALTERNATE AGENT. (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same decisions as the agent designated above in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.) If my agent is unable or unwilling to act for me, then I designate the following person(s) to serve as my agent as authorized in this document, such person(s) to serve in the order listed below: A. First Alternative Agent Name: __________ Address: __________ Telephone Number: __________ B. Second Alternative Agent Name: __________ Address: __________ Telephone Number: __________

3. OTHER POWERS OF ATTORNEY. This Power of Attorney is intended to, and does, revoke any prior Power of Attorney for financial matters I have previously executed.

4. NOMINATION OF GUARDIAN. If, after execution of this Power of Attorney, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

5. GRANT OF GENERAL AUTHORITY. I grant my agent and any successor agent(s) general authority to act for me with respect to the following subjects: (INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial “All Preceding Subjects” instead of initialing each subject.) [_____] Real Property [_____] Tangible Personal Property [_____] Stocks and Bonds [_____] Commodities and Options [_____] Banks and Other Financial Institutions [_____] Safe Deposit Boxes [_____] Operation of Entity or Business [_____] Insurance and Annuities [_____] Estates, Trusts and Other Beneficial Interests [_____] Legal Affairs, Claims and Litigation [_____] Personal Maintenance [_____] Benefits from Governmental Programs or Civil or Military Service [_____] Retirement Plans [_____] Taxes [_____] All Preceding Subjects

6. GRANT OF SPECIFIC AUTHORITY. My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.) [_____] Create, amend, revoke or terminate an inter vivos, family, living, irrevocable or revocable trust [_____] Make a gift, subject to the limitations of NRS and any special instructions in this Power of Attorney [_____] Create or change rights of survivorship [_____] Create or change a beneficiary designation [_____] Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan [_____] Exercise fiduciary powers that the principal has authority to delegate [_____] Disclaim or refuse an interest in property, including a power of appointment

7. EXPRESSION OF INTENT CONCERNING LIVING ARRANGEMENTS. [_____] It is my intention to live in my home as long as it is safe and my medical needs can be met. My agent may arrange for a natural person, employee of an agency or provider of community-based services to come into my home to provide care for me. When it is no longer safe for me to live in my home, I authorize my agent to place me in a facility or home that can provide any medical assistance and support in my activities of daily living that I require. Before being placed in such a facility or home, I wish for my agent to discuss and share information concerning the placement with me. [_____] It is my intention to live in my home for as long as possible without regard for my medical needs, personal safety or ability to engage in activities of daily living. My agent may arrange for a natural person, an employee of an agency or a provider of community-based services to come into my home and provide care for me. I understand that, before I may be placed in a facility or home other than the home in which I currently reside, a guardian must be appointed for me. [_____] I desire for my agent to take the following actions relating to my care:

8. LIMITATION ON AGENT'S AUTHORITY. An agent that is not my spouse MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

9. SPECIAL INSTRUCTIONS OR OTHER OR ADDITIONAL AUTHORITY GRANTED TO AGENT:

10. AUTHORITY OF PRINCIPAL. Except as otherwise expressly provided in this Power of Attorney, the authority of a principal to act on his or her own behalf continues after executing this Power of Attorney and any decision or instruction communicated by the principal supersedes any inconsistent decision or instruction communicated by an agent appointed pursuant to this Power of Attorney.

11. DURABILITY AND EFFECTIVE DATE. (INITIAL the clause(s) that applies.) [_____] DURABLE. This Power of Attorney shall not be affected by my subsequent disability or incapacity. [_____] SPRINGING POWER. It is my intention and direction that my designated agent, and any person or entity that my designated agent may transact business with on my behalf, may rely on a written medical opinion issued by a licensed medical doctor stating that I am disabled or incapacitated, and incapable of managing my affairs, and that said medical opinion shall establish whether or not I am under a disability for the purpose of establishing the authority of my designated agent to act in accordance with this Power of Attorney. [_____] I wish to have this Power of Attorney become effective on the following date: __________ [_____] I wish to have this Power of Attorney end on the following date: __________

12. THIRD PARTY PROTECTION. Third parties may rely upon the validity of this Power of Attorney or a copy and the representations of my agent as to all matters relating to any power granted to my agent, and no person or agency who relies upon the representation of my agent, or the authority granted by my agent, shall incur any liability to me or my estate as a result of permitting my agent to exercise any power unless a third party knows or has reason to know this Power of Attorney has terminated or is invalid.

13. RELEASE OF INFORMATION. I agree to, authorize and allow full release of information, by any government agency, business, creditor or third party who may have information pertaining to my assets or income, to my agent named herein.

14. SIGNATURE AND ACKNOWLEDGMENT. YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC. I sign my name to this Power of Attorney on __________ (date) at __________ (city), __________ (state)

_________________________ (Signature)

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

On this __________ day of __________, in the year __________, before me, __________ (here insert name of notary public) personally appeared __________ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

IMPORTANT INFORMATION FOR AGENT

1. Agent's Duties. When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must: (a) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (b) Act in good faith; (c) Do nothing beyond the authority granted in this Power of Attorney; and (d) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner: (Principal's Name) by (Your Signature) as Agent

2. Unless the Special Instructions in this Power of Attorney state otherwise, you must also: (a) Act loyally for the principal's benefit; (b) Avoid conflicts that would impair your ability to act in the principal's best interest; (c) Act with care, competence, and diligence; (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal; (e) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (f) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

3. Termination of Agent's Authority. You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include: (a) Death of the principal; (b) The principal's revocation of the Power of Attorney or your authority; (c) The occurrence of a termination event stated in the Power of Attorney; (d) The purpose of the Power of Attorney is fully accomplished; or (e) If you are married to the principal, your marriage is dissolved.

4. Liability of Agent. The meaning of the authority granted to you is defined in NRS 162A.200 to 162A.660 , inclusive. If you violate NRS 162A.200 to 162A.660 , inclusive, or act outside the authority granted in this Power of Attorney, you may be liable for any damages caused by your violation.

5. If there is anything about this document or your duties that you do not understand, you should seek legal advice.
Nev. Rev. Stat. § 159A.105 — NV Code / Title 13 / Chapter 159A / Section 159A.105
Payment of claims of guardian and claims arising from contracts of guardian; report of claims and payment
Status: in_force

1. A guardian of the estate may pay from the guardianship estate the following claims without complying with the provisions of this section and NRS 159A.107 and 159A.109 : (a) The guardian's claims against the protected minor or the estate; and (b) Any claims accruing after the appointment of the guardian which arise from contracts entered into by the guardian on behalf of the protected minor.

2. The guardian shall report all claims and the payment of claims made pursuant to subsection 1 in the account that the guardian makes and files in the guardianship proceeding following each payment.
Nev. Rev. Stat. § 162A.750 — NV Code / Title 13 / Chapter 162A / Section 162A.750
“Life-sustaining treatment” defined
Status: in_force

“ Life-sustaining treatment ” means a medical procedure or intervention that, when administered to a patient, serves only to prolong the process of dying.
Nev. Rev. Stat. § 159A.1855 — NV Code / Title 13 / Chapter 159A / Section 159A.1855
Issuance and service of citation concerning filing of petition for removal; actions of court if protected minor or estate may suffer loss or injury during time required for service
Status: in_force

1. If a petition to have a guardian removed is filed with the court, the court shall issue a citation to the petitioner. The petitioner shall serve the citation on the guardian and on all other interested persons.

2. The citation must require the guardian to appear and show cause why the court should not remove the guardian.

3. If it appears that the protected minor or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the court's own motion or on petition, the court may: (a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction; (b) Compel the guardian to surrender the protected minor to a temporary guardian for not more than 30 days; and (c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.
Nev. Rev. Stat. § 162C.040 — NV Code / Title 13 / Chapter 162C / Section 162C.040
“Affairs” defined
Status: in_force

“ Affairs ” means personal, health care or financial matters arising in the course of activities of daily living, including, without limitation:

1. Matters in which an adult makes decisions relating to his or her health, including, without limitation: (a) Monitoring the adult's health; (b) Obtaining, scheduling and coordinating health and support services; (c) Understanding health care information and options; and (d) Making personal decisions to provide for the adult's care and comfort.

2. Financial matters in which an adult manages his or her income and assets and the use thereof for clothing, support, care, comfort, education, shelter or the payment of his or her liabilities.
Nev. Rev. Stat. § 162A.220 — NV Code / Title 13 / Chapter 162A / Section 162A.220
Execution of power of attorney; certification of competency of principal required under certain circumstances; certain persons not to be named as agent; exceptions; penalty for misuse of power of attorney
Status: in_force

1. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

2. If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of execution of the power of attorney, a certification of competency of the principal from an advanced practice registered nurse, a physician, psychologist or psychiatrist must be attached to the power of attorney.

3. If the principal resides or is about to reside in a hospital, assisted living facility or facility for skilled nursing at the time of execution of the power of attorney, in addition to the prohibition set forth in NRS 162A.840 and except as otherwise provided in subsection 4, the principal may not name as agent in any power of attorney for any purpose: (a) The hospital, assisted living facility or facility for skilled nursing; (b) An owner or operator of the hospital, assisted living facility or facility for skilled nursing; or (c) An employee of the hospital, assisted living facility or facility for skilled nursing.

4. The principal may name as agent any person identified in subsection 3 if that person is: (a) The spouse, legal guardian or next of kin of the principal; or (b) Named only for the purpose of assisting the principal to establish eligibility for Medicaid and the power of attorney complies with the provisions of subsection 5.

5. A person may be named as agent pursuant to paragraph (b) of subsection 4 only if: (a) A valid financial power of attorney for the principal does not exist; (b) The agent has made a good faith effort to contact each family member of the principal identified in the records of the hospital, assisted living facility or facility for skilled nursing, as applicable, to request that the family member establish a financial power of attorney for the principal and has documented his or her effort; (c) The power of attorney specifies that the agent is only authorized to access financial documents of the principal which are necessary to prove eligibility of the principal for Medicaid as described in the application for Medicaid and specifies that any request for such documentation must be accompanied by a copy of the application for Medicaid or by other proof that the document is necessary to prove eligibility for Medicaid; (d) The power of attorney specifies that the agent does not have authority to access money or any other asset of the principal for any purpose; and (e) The power of attorney specifies that the power of attorney is only valid until eligibility of the principal for Medicaid is determined or 6 months after the power of attorney is signed, whichever is sooner.

6. A person who is named as agent pursuant to paragraph (b) of subsection 4 shall not use the power of attorney for any purpose other than to assist the principal to establish eligibility for Medicaid and shall not use the power of attorney in a manner inconsistent with the provisions of subsection 5. A person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

7. As used in this section: (a) “ Assisted living facility ” has the meaning ascribed to it in NRS 422.3962 . (b) “ Facility for skilled nursing ” has the meaning ascribed to it in NRS 449.0039 . (c) “ Home for individual residential care ” has the meaning ascribed to it in NRS 449.0105 . (d) “ Hospital ” has the meaning ascribed to it in NRS 449.012 . (e) “ Residential facility for groups ” has the meaning ascribed to it in NRS 449.017 .
Nev. Rev. Stat. § 166A.010 — NV Code / Title 13 / Chapter 166A / Section 166A.010
Short title
Status: in_force

This chapter may be cited as the Nevada Uniform Custodial Trust Act.
Nev. Rev. Stat. § 159.169 — NV Code / Title 13 / Chapter 159 / Section 159.169
Advice, instructions and approval of acts of guardian
Status: in_force

1. A guardian of the estate may petition the court for advice and instructions in any matter concerning: (a) The administration of the estate of the protected person; (b) The priority of paying claims; (c) The propriety of making any proposed disbursement of funds; (d) Elections for or on behalf of the protected person to take under the will of a deceased spouse; (e) Exercising for or on behalf of the protected person: (1) Any options or other rights under any policy of insurance or annuity; and (2) The right to take under a will, trust or other devise; (f) The propriety of exercising any right exercisable by owners of property; and (g) Matters of a similar nature.

2. Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 is binding upon the protected person or those claiming through the protected person, and the guardian is not personally liable for performing any such act.

3. If any interested person may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to that interested person, to be served upon the person at least 20 days before the hearing on the petition. The citation must be served in the same manner that summons is served in a civil action and must direct the interested person to appear and show cause why the proposed act of the guardian should not be authorized or approved. All interested persons so served are bound by the order of the court which is final and conclusive, subject to any right of appeal.
Nev. Rev. Stat. § 159.0592 — NV Code / Title 13 / Chapter 159 / Section 159.0592
Court may require guardian to complete training
Status: in_force

As a condition of the appointment of a guardian, the court may require the guardian to complete any available training concerning guardianships that the court determines appropriate.
Nev. Rev. Stat. § 159A.2024 — NV Code / Title 13 / Chapter 159A / Section 159A.2024
Transfer of jurisdiction of guardianship from another state to this State
Status: in_force

1. To transfer jurisdiction of a guardianship to this State, the guardian or other interested party must petition the court of this State for guardianship pursuant to NRS 159A.044 to accept guardianship in this State. The petition must include: (a) A certified copy of the other state's provisional order of transfer; (b) Proof that the protected minor is physically present in, or is reasonably expected to move permanently to, this State; (c) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044 ; and (d) A copy of one of the forms of identification of the guardian set forth in paragraph (h) of subsection 2 of NRS 159A.044 .

2. Upon the filing of a petition, the clerk of the court shall issue a citation setting forth a time and place for a hearing in accordance with NRS 159A.047 .

3. Upon completion of the hearing, the court shall issue a provisional order granting a petition filed under subsection 1, unless: (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the best interests of the protected minor; or (b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159A.061 .

4. The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State. The court shall determine whether the guardianship needs to be modified to conform to the laws of this State and, if so, order any such modifications.

5. In granting a petition under this section, the court shall recognize a guardianship order from the other state.
Nev. Rev. Stat. § 162B.350 — NV Code / Title 13 / Chapter 162B / Section 162B.350
Disposition of unappointed property under released or unexercised nongeneral power
Status: in_force

To the extent a powerholder releases, ineffectively exercises or fails to exercise a nongeneral power of appointment:

1. The gift-in-default clause controls the disposition of the unappointed property; or

2. If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property: (a) Passes to the permissible appointees if: (1) The permissible appointees are defined and limited; and (2) The terms of the instrument creating the power do not manifest a contrary intent; or (b) If there is no taker under paragraph (a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Nev. Rev. Stat. § 162.180 — NV Code / Title 13 / Chapter 162 / Section 162.180
Assignment by fiduciary
Status: in_force

Except as otherwise provided in NRS 162.150 to 162.250 , inclusive, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:

1. May assume without inquiry that the assignment, even though to the fiduciary or to a nominee of the fiduciary, is within his or her authority and capacity and is not in breach of his or her fiduciary duties.

2. May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer.

3. Is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
Nev. Rev. Stat. § 162A.040 — NV Code / Title 13 / Chapter 162A / Section 162A.040
“Durable” defined
Status: in_force

“ Durable ,” with respect to a power of attorney, means not terminated by the principal's incapacity.
Nev. Rev. Stat. § 167.050 — NV Code / Title 13 / Chapter 167 / Section 167.050
Duties and powers of custodian
Status: in_force

1. The custodian shall: (a) Take control of the custodial property; (b) Register or record title to the custodial property, if appropriate; and (c) Collect, hold, manage, invest and reinvest the custodial property.

2. In dealing with custodial property, the custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another, and is not limited by any other statute restricting investments by fiduciaries. If the custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, he or she shall use that skill or expertise. However, the custodian, without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

3. The custodian may invest in or pay premiums on life insurance or endowment policies on the life of: (a) The minor only if the minor or the minor's estate is the sole beneficiary; or (b) Another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian, in the capacity of custodian, is the irrevocable beneficiary.

4. The custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for ________________ (name of minor) under Nevada's Uniform Act on Transfers to Minors.”

5. The custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if the minor has attained the age of 14 years.
Nev. Rev. Stat. § 164.765 — NV Code / Title 13 / Chapter 164 / Section 164.765
Determination of compliance with prudent investor rule
Status: in_force

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
Nev. Rev. Stat. § 162.110 — NV Code / Title 13 / Chapter 162 / Section 162.110
Deposit in names of two or more trustees
Status: in_force

When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and neither the payee nor other holder nor the bank shall be liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
Nev. Rev. Stat. § 163.450 — NV Code / Title 13 / Chapter 163 / Section 163.450
Definitions
Status: in_force

As used in NRS 163.420 to 163.550 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 163.460 to 163.500 , inclusive, have the meanings ascribed to them in NRS 163.460 to 163.500 , inclusive.
Nev. Rev. Stat. § 164.940 — NV Code / Title 13 / Chapter 164 / Section 164.940
Nonjudicial settlement agreements: Enforceability; when void; matters that may be resolved
Status: in_force

1. Except as otherwise provided in this section, a settlement agreement entered into by all indispensable parties, as described in subsection 1 of NRS 164.942 is enforceable with respect to the administration of a trust without approval by the court, as defined in NRS 132.116 .

2. A nonjudicial settlement agreement is void to the extent it violates a material purpose of the trust and to the extent it includes terms and conditions that could not be properly approved by the court, as defined in NRS 132.116 , under the law governing the trust instrument.

3. Matters that may be resolved by a nonjudicial settlement agreement include, without limitation: (a) The investment or use of trust assets; (b) The lending or borrowing of money; (c) The addition, deletion or modification of a term or condition of the trust; (d) The interpretation or construction of a term of the trust; (e) The designation or transfer of the principal place of administration of the trust; (f) The approval of a trustee's report or accounting; (g) The choice of law governing the construction of the trust instrument or administration of the trust, or both; (h) Direction to a trustee to perform or refrain from performing a particular act; (i) The granting of any necessary or desirable power to a trustee; (j) The resignation or appointment of a trustee and the determination of a trustee's compensation; (k) The merger or division of trusts; (l) The granting of approval or authority, for a trustee to make charitable gifts from a noncharitable trust; (m) The transfer of a trust's principal place of administration; (n) Negating the liability of a trustee for an action relating to the trust and providing indemnification therefor; and (o) The termination of the trust.
Nev. Rev. Stat. § 160.050 — NV Code / Title 13 / Chapter 160 / Section 160.050
Appointment of guardian
Status: in_force

1. A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there is no person so entitled or if the person so entitled neglects or refuses to file such a petition within 30 days after the mailing of notice by the Department of Veterans Affairs to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this State.

2. The petition for appointment must set forth the name, age and place of residence of the ward, the names and places of residence of the nearest relatives, if known, and the fact that the ward is entitled to receive money payable by or through the Department of Veterans Affairs, and must set forth the amount of money then due and the amount of probable future payments.

3. The petition must also set forth the name and address of the person or institution, if any, having actual custody of the ward.

4. In case of a mentally incompetent ward the petition must show that such ward has been rated incompetent on examination by the Department of Veterans Affairs in accordance with the laws and regulations governing the Department of Veterans Affairs.
Nev. Rev. Stat. § 165.1207 — NV Code / Title 13 / Chapter 165 / Section 165.1207
Requirements for satisfying duty to account; persons entitled to receive account
Status: in_force

1. To the extent that the trust instrument does not provide otherwise, the trustee of a nontestamentary trust shall satisfy the duty to account for the nontestamentary trust estate by delivery of an account which conforms with the requirements of NRS 165.135 , and pursuant to the following: (a) Except as otherwise limited by paragraph (b), the trustee shall deliver an account, upon demand pursuant to NRS 165.141 , to each current beneficiary, and to each remainder beneficiary of the trust. A trustee is not required to provide an account to a remote beneficiary pursuant to this section. (b) Notwithstanding paragraph (a), a trustee may satisfy the duty to account in accordance with subparagraphs (1) to (6), inclusive, where applicable: (1) While a trust is revocable by the settlor, the trustee is not required to deliver an account to any person other than the settlor except that a trustee of such a trust shall deliver an account if: (I) A court-appointed guardian of the estate of the settlor or other person having the right of revocation demands an account on behalf of the settlor; or (II) The court, in considering a petition filed under NRS 164.015 , determines that the settlor or other person holding the right of revocation is incompetent or is susceptible to undue influence and orders the trustee to provide an account, specifying the nature and extent of the account to be provided and the person or persons who are entitled to receive the account. (2) While the trust is irrevocable in its entirety, but is subject to a broad power of appointment, the trustee is not required to provide an account other than to the power holder for the trust or portion of the trust that is subject to a broad power of appointment. (3) The trustee is not required to provide an account to a person who has been eliminated as a beneficiary by the effective exercise of a power of appointment. (4) The trustee is not required to provide an account of any portion of the trust estate to a beneficiary that does not affect the beneficiary's interest in the trust, and the trustee may redact the account as to such portions that do not affect the beneficiary's interest. (5) A trustee is not required to provide an account to a beneficiary of an irrevocable trust while that beneficiary's only interest in the trust estate is a discretionary interest, as described in NRS 163.4185 . (6) A trustee is not required to provide an account to any beneficiary who has waived or is deemed to have waived the right to receive an account in accordance with NRS 165.121 . However, if the waiver is partial or only as to form of the account, the trustee shall satisfy the duty to account in accordance with the terms of the waiver.

2. Nothing in this section shall be interpreted to prohibit a trustee from petitioning the court for instructions as to the persons entitled to receive an account and the procedures required of the trustee to satisfy the requirements of this section pursuant to subsection 2 of NRS 165.148 .
Nev. Rev. Stat. § 159.091 — NV Code / Title 13 / Chapter 159 / Section 159.091
Discovery of debts or property
Status: in_force

Upon the filing of a petition in the guardianship proceeding by the guardian, the protected person or any other interested person, alleging that any person is indebted to the protected person, has or is suspected of having concealed, embezzled, converted or disposed of any property of the protected person or has possession or knowledge of any such property or of any writing relating to such property, the court may require the person to appear and answer under oath concerning the matter.
Nev. Rev. Stat. § 159.0345 — NV Code / Title 13 / Chapter 159 / Section 159.0345
Court authorized to alter requirements concerning publication of notice or citation
Status: in_force

If publication of a notice or citation is required pursuant to this chapter, the court may, for good cause shown:

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

2. Extend or shorten the time in which the publications must be made.
Nev. Rev. Stat. § 162A.010 — NV Code / Title 13 / Chapter 162A / Section 162A.010
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 162A.020 to 162A.160 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 159.1857 — NV Code / Title 13 / Chapter 159 / Section 159.1857
Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear
Status: in_force

If a petition to remove a guardian is deemed sufficient and the guardian fails to appear before the court, the court may:

1. Hold the guardian in contempt of court.

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

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

4. Find that the guardian caused harm to the protected person or the estate of the protected person and issue an order accordingly.
Nev. Rev. Stat. § 159.136 — NV Code / Title 13 / Chapter 159 / Section 159.136
Order requiring guardian to sell real property of estate
Status: in_force

If the guardian neglects or refuses to sell any real property of the estate when it is necessary or in the best interests of the protected person, an interested person may petition the court for an order requiring the guardian to sell the property. The court shall set the petition for a hearing, and the petitioner shall serve notice on the guardian at least 10 days before the hearing.
Nev. Rev. Stat. § 159A.375 — NV Code / Title 13 / Chapter 159A / Section 159A.375
Appeals to appellate court of competent jurisdiction
Status: in_force

In addition to any order from which an appeal is expressly authorized pursuant to this chapter, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after its notice of entry from an order:

1. Granting or revoking letters of guardianship.

2. Directing or authorizing the sale or conveyance, or confirming the sale, of property of the estate of a protected minor.

3. Settling an account.

4. Ordering or authorizing a guardian to act pursuant to NRS 159A.113 .

5. Ordering or authorizing the payment of a debt, claim, devise, guardian's fees or attorney's fees.

6. Determining ownership interests in property.

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

8. Granting or denying a petition for modification or termination of a guardianship.

9. Granting or denying a petition for removal of a guardian or appointment of a successor guardian.
Nev. Rev. Stat. § 159.1994 — NV Code / Title 13 / Chapter 159 / Section 159.1994
Communication with other courts
Status: in_force

1. A court of this State may communicate with a court of another state concerning a proceeding arising under NRS 159.1991 to 159.2029 , inclusive. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

2. Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
Nev. Rev. Stat. § 161.010 — NV Code / Title 13 / Chapter 161 / Section 161.010
Appointment
Status: in_force

Whenever a person, referred to in this chapter as an absentee, serving in or with the Armed Forces of the United States, or a person serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged or captured by an enemy, has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to such property or interest, then the district court of the county of the absentee's legal domicile or of the county where such property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person who would have an interest in the property of the absentee were such absentee deceased, or on the court's own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the court.
Nev. Rev. Stat. § 159.161 — NV Code / Title 13 / Chapter 159 / Section 159.161
Petition for approval of lease: Content; conditions for approval
Status: in_force

1. Petitions to secure court approval of any lease: (a) Must include the parcel number assigned to the property to be leased and the physical address of the property, if any; and (b) Must set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.

2. Upon the hearing of a petition pursuant to subsection 1, if the court is satisfied that the lease is for the best interests of the protected person and the estate of the protected person, the court shall enter an order authorizing the guardian to enter into the lease.
Nev. Rev. Stat. § 164.660 — NV Code / Title 13 / Chapter 164 / Section 164.660
“Program-related asset” defined
Status: in_force

“ Program-related asset ” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
Nev. Rev. Stat. § 162B.345 — NV Code / Title 13 / Chapter 162B / Section 162B.345
Disposition of unappointed property under released or unexercised general power
Status: in_force

To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke or amend a trust:

1. The gift-in-default clause controls the disposition of the unappointed property; or

2. If there is no gift-in-default clause or to the extent the clause is ineffective: (a) Except as otherwise provided in paragraph (b), the unappointed property passes to: (1) The powerholder if the powerholder is a permissible appointee and living; or (2) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or (b) To the extent the powerholder released the power, or if there is no taker under paragraph (a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Nev. Rev. Stat. § 163.290 — NV Code / Title 13 / Chapter 163 / Section 163.290
Formation of corporation, limited-liability company or other entity
Status: in_force

A fiduciary may form a corporation, limited-liability company or other entity, and transfer, assign and convey to the corporation, limited-liability company or entity all or any part of the estate or of any trust property in exchange for the stock, securities or obligations of the corporation, limited-liability company or entity, and continue to hold the stock and securities and obligations.
Nev. Rev. Stat. § 166A.050 — NV Code / Title 13 / Chapter 166A / Section 166A.050
“Conservator” defined
Status: in_force

“ Conservator ” means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.
Nev. Rev. Stat. § 159.332 — NV Code / Title 13 / Chapter 159 / Section 159.332
Guardian prohibited from restricting communication, visitation or interaction between protected person and relative or person of natural affection; exceptions
Status: in_force

1. A guardian shall not restrict the right of a protected person to communicate, visit or interact with a relative or person of natural affection, including, without limitation, by telephone, mail or electronic communication, unless: (a) The protected person expresses to the guardian and at least one other independent witness who is not affiliated with or related to the guardian or the protected person that the protected person does not wish to communicate, visit or interact with the relative or person of natural affection; (b) There is currently an investigation of the relative or person of natural affection by law enforcement or a court proceeding concerning the alleged abuse of the protected person and the guardian determines that it is in the best interests of the protected person to restrict the communication, visitation or interaction between the protected person and the relative or person of natural affection because of such an investigation or court proceeding; (c) The restriction on the communication, visitation or interaction with the relative or person of natural affection is authorized by a court order; (d) Subject to the provisions of subsection 2, the guardian determines that the protected person is being physically, emotionally or mentally harmed by the relative or person of natural affection; or (e) Subject to the provisions of subsection 3, a determination is made that, as a result of the findings in a plan for the care or treatment of the protected person, visitation, communication or interaction between the protected person and the relative or person of natural affection is detrimental to the health and well-being of the protected person.

2. Except as otherwise provided in this subsection, if a guardian restricts communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to paragraph (d) of subsection 1, the guardian shall file a petition pursuant to NRS 159.333 not later than 10 days after restricting such communication, visitation or interaction. A guardian is not required to file such a petition if the relative or person of natural affection is the subject of an investigation or court proceeding pursuant to paragraph (b) of subsection 1 or a pending petition filed pursuant to NRS 159.333 .

3. A guardian may consent to restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to paragraph (e) of subsection 1 if the guardian determines that such a restriction is in the best interests of the protected person. If a guardian makes such a determination, the guardian shall file a notice with the court that specifies the restriction on communication, visitation or interaction not later than 10 days after the guardian is informed of the findings in the plan for the care or treatment of the protected person. The guardian shall serve the notice on the protected person, the attorney of the protected person and any person who is the subject of the restriction on communication, visitation or interaction.
Nev. Rev. Stat. § 159A.097 — NV Code / Title 13 / Chapter 159A / Section 159A.097
Voidable contracts and transactions of protected minor
Status: in_force

Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a protected minor made by the protected minor are voidable by the guardian of the estate.
Nev. Rev. Stat. § 159.148 — NV Code / Title 13 / Chapter 159 / Section 159.148
Neglect or refusal of purchaser of real property to comply with terms of sale
Status: in_force

1. After confirmation of the sale of real property, if the purchaser neglects or refuses to comply with the terms of the sale, the court may set aside the order of confirmation and order the property to be resold: (a) On motion of the guardian; and (b) After notice is given to the purchaser.

2. If the amount realized on the resale of the property is insufficient to cover the bid and the expenses of the previous sale, the original purchaser is liable to the estate of the protected person for the deficiency.
Nev. Rev. Stat. § 164.670 — NV Code / Title 13 / Chapter 164 / Section 164.670
Delegation of management and investment functions
Status: in_force

1. Subject to any specific limitation set forth in a gift instrument or in law other than NRS 164.640 to 164.680 , inclusive, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in: (a) Selecting an agent; (b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and (c) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.

2. In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

3. An institution that complies with subsection 1 is not liable for the decisions or actions of an agent to which the function was delegated.

4. By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.

5. An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this State other than NRS 164.640 to 164.680 , inclusive.
Nev. Rev. Stat. § 167.043 — NV Code / Title 13 / Chapter 167 / Section 167.043
Acknowledgment of delivery of custodial property
Status: in_force

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the provisions of this chapter.
Nev. Rev. Stat. § 163.418 — NV Code / Title 13 / Chapter 163 / Section 163.418
Clear and convincing evidence required to find settlor to be alter ego of trustee of irrevocable trust; certain factors insufficient for finding that settlor controls or is alter ego of trustee of irrevocable trust
Status: in_force

Absent clear and convincing evidence, a settlor of an irrevocable trust shall not be deemed to be the alter ego of a trustee of an irrevocable trust. If a party asserts that a settlor of an irrevocable trust is the alter ego of a trustee of the trust, the following factors, alone or in combination, are not sufficient evidence for a court to find that the settlor controls or is the alter ego of a trustee:

1. The settlor has signed checks, made disbursements or executed other documents related to the trust as the trustee and the settlor is not a trustee, if the settlor has done so in isolated incidents.

2. The settlor has made requests for distributions on behalf of a beneficiary.

3. The settlor has made requests for the trustee to hold, purchase or sell any trust property.

4. The settlor has engaged in any one of the activities, alone or in combination, listed in NRS 163.4177 .
Nev. Rev. Stat. § 163.5541 — NV Code / Title 13 / Chapter 163 / Section 163.5541
“Instrument” defined
Status: in_force

“ Instrument ” means any revocable or irrevocable trust instrument created inter vivos or testamentary or any custodial account agreement.
Nev. Rev. Stat. § 159A.2023 — NV Code / Title 13 / Chapter 159A / Section 159A.2023
Transfer of jurisdiction of guardianship to another state
Status: in_force

1. A guardian appointed in this State may petition the court to transfer the jurisdiction of the guardianship to another state. Notice of the petition must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian.

2. The court shall issue an order provisionally granting the petition to transfer a guardianship and shall direct the guardian or other interested party to petition for guardianship in the other state if the court finds that: (a) The protected minor is physically present in, or is reasonably expected to move permanently to, the other state; (b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the best interests of the protected minor; and (c) The plans for care and services for the protected minor in the other state are in the best interests of the protected minor.

3. The court shall issue a final order confirming the transfer and terminating the guardianship upon a petition for termination pursuant to NRS 159A.1905 or 159A.191 and filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.
Nev. Rev. Stat. § 160.070 — NV Code / Title 13 / Chapter 160 / Section 160.070
Evidence of necessity for guardian for incompetent
Status: in_force

If a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the Secretary or a representative of the Secretary, setting forth the fact that such person has been rated incompetent by the Department of Veterans Affairs on examination in accordance with the laws and regulations governing the Department of Veterans Affairs and that the appointment of a guardian is a condition precedent to the payment of any money due such person by the Department of Veterans Affairs, constitutes prima facie evidence of the necessity for such appointment.
Nev. Rev. Stat. § 159.0595 — NV Code / Title 13 / Chapter 159 / Section 159.0595
Private professional guardians
Status: in_force

1. In order for a person to serve as a private professional guardian, the person must be: (a) A natural person who is a certified guardian and is employed by an entity that is licensed pursuant to chapter 628B of NRS , unless the entity is not required to have such a license pursuant to subsection 2; or (b) An entity that: (1) Is qualified to serve as a guardian pursuant to NRS 159.0613 ; (2) Has a license issued pursuant to chapter 628B of NRS , unless the entity is not required to have such a license pursuant to subsection 2; and (3) Has a private professional guardian who meets the requirements set forth in paragraph (a) involved in the day-to-day operation or management of the entity.

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

3. As used in this section: (a) “ Certified guardian ” means a person who is certified by the Center for Guardianship Certification or any successor organization. (b) “ Entity ” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.
Nev. Rev. Stat. § 159.017 — NV Code / Title 13 / Chapter 159 / Section 159.017
“Guardian” defined
Status: in_force

“ Guardian ” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, a special guardian or, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in this State.
Nev. Rev. Stat. § 162B.005 — NV Code / Title 13 / Chapter 162B / Section 162B.005
Short title
Status: in_force

This chapter may be cited as the Uniform Powers of Appointment Act.
Nev. Rev. Stat. § 159.0807 — NV Code / Title 13 / Chapter 159 / Section 159.0807
Moving location of protected person: Filing and service of notice of intent to move; circumstances in which notice not required; filing notice of change of address
Status: in_force

1. Every protected person has the right, if possible, to: (a) Have his or her preferences followed; and (b) Age in his or her own surroundings or, if not possible, in the least restrictive environment suitable to his or her unique needs and abilities.

2. Except as otherwise provided in subsection 4, a proposed protected person must not be moved until a guardian is appointed.

3. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079 , the guardian shall notify all interested persons in accordance with subsection 4 if the protected person: (a) Is admitted to any residential long-term care facility; (b) Changes his or her residence, including, without limitation, to or from one residential long-term care facility to another; or (c) Is admitted to a hospital or is temporarily placed in a facility that provides rehabilitative services.

4. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079 , a guardian shall file with the court a notice of his or her intent to move the protected person to a higher level of care and shall serve notice upon all interested persons not less than 10 days before moving the protected person unless: (a) An emergency condition exists, including, without limitation, an emergency condition that presents a risk of imminent harm to the health or safety of the protected person, and the protected person will be unable to return to his or her residence for a period of more than 24 hours; (b) The move or change in placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services; or (c) The move or change in placement is a result of the protected person being admitted to a hospital or facility that provides rehabilitative services.

5. If an emergency condition exists pursuant to paragraph (a) of subsection 4, the guardian may take temporary action to mitigate the condition without the permission of the court, and shall file notice with the court and serve such notice upon all interested parties as soon as practicable after the action is taken.

6. If no objection to the move is received from any interested person within 10 days after receiving a notice pursuant to subsection 4 or 5, the guardian may move the protected person without court permission. Once a permanent placement for the protected person is established, the guardian shall, as soon as practicable after such placement, file a notice of change of address with the court.

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

8. A guardian is not required to provide notice to an interested person or person of natural affection in accordance with this section or NRS 159.0809 if: (a) The interested person or person of natural affection informs the guardian in writing that the person does not wish to receive such notice; or (b) The protected person or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.
Nev. Rev. Stat. § 166A.290 — NV Code / Title 13 / Chapter 166A / Section 166A.290
Declination, resignation, incapacity, death or removal of custodial trustee; designation of successor custodial trustee
Status: in_force

1. Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under NRS 166A.190 becomes the custodial trustee or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to NRS 166A.190 . In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.

2. A custodial trustee who has accepted the custodial trust property may resign by: (a) Delivering written notice to a successor custodial trustee, if any, the beneficiary and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any; and (b) Transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection 3.

3. If a custodial trustee or successor custodial trustee is ineligible, resigns, dies or becomes incapacitated, the successor designated under subsection 7 of NRS 166A.180 or 166A.190 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death or incapacity of the custodial trustee, the beneficiary's conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.

4. If a successor custodial trustee is not designated pursuant to subsection 3, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court to designate a successor custodial trustee.

5. A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.

6. A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property or a person interested in the welfare of the beneficiary may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties or for other appropriate relief.
Nev. Rev. Stat. § 163.006 — NV Code / Title 13 / Chapter 163 / Section 163.006
Creation: Beneficiary
Status: in_force

A trust is created only if there is a beneficiary. This requirement is satisfied if the trust instrument provides for:

1. A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so that it can be determined whether a person meets the description or is within the class;

2. A grant of power to the trustee or some other person to select the beneficiary based on a standard or in the discretion of the trustee or other person;

3. A charitable trust as defined in NRS 163.460 ;

4. A trust for the care of one or more animals created pursuant to NRS 163.0075 ;

5. A public benefit trust as defined in NRS 163.551 ; or

6. A noncharitable trust without an ascertainable beneficiary pursuant to NRS 163.5505 .
Nev. Rev. Stat. § 159.0265 — NV Code / Title 13 / Chapter 159 / Section 159.0265
“State” defined
Status: in_force

“ State ” means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Nev. Rev. Stat. § 159.1877 — NV Code / Title 13 / Chapter 159 / Section 159.1877
Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order
Status: in_force

1. Before the court approves the resignation of a guardian of the estate and discharges the guardian, the court shall require the guardian to submit, on the date set for the hearing, an accounting of the estate through the end of the term.

2. If the guardian fails to file such an accounting, the court may impose sanctions upon the guardian.

3. If an estate has more than one guardian, the court may accept the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone. The court may waive the requirement of filing the accounting if the remaining guardian or guardians are: (a) Required to file the annual accounting, if applicable; and (b) Responsible for any discrepancies in the accounting.

4. Upon approval of the accounting, if any is required, and appointment of a successor guardian, the court may approve the resignation of a guardian and order the discharge of his or her duties.
Nev. Rev. Stat. § 162B.070 — NV Code / Title 13 / Chapter 162B / Section 162B.070
“Person” defined
Status: in_force

“ Person ” includes an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
Nev. Rev. Stat. § 159.2029 — NV Code / Title 13 / Chapter 159 / Section 159.2029
Uniformity of application and construction
Status: in_force

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Nev. Rev. Stat. § 165.121 — NV Code / Title 13 / Chapter 165 / Section 165.121
Waiver of right to receive account
Status: in_force

Notwithstanding the provisions of NRS 165.1201 to 165.148 , inclusive, any beneficiary may waive the right to receive an account from a trustee by delivering to the trustee a waiver signed by the beneficiary. The waiver may be a limited waiver as to the form of the account, of the right to seek a hearing on the account, or of the right to receive notice of a hearing on the account. Such waiver is applicable to the beneficiary and any other beneficiaries who are represented by the waiving beneficiary pursuant to NRS 164.038 or by order of the court.
Nev. Rev. Stat. § 159A.161 — NV Code / Title 13 / Chapter 159A / Section 159A.161
Petition for approval of lease: Content; conditions for approval
Status: in_force

1. Petitions to secure court approval of any lease: (a) Must include the parcel number assigned to the property to be leased and the physical address of the property, if any; and (b) Must set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.

2. Upon the hearing of a petition pursuant to subsection 1, if the court is satisfied that the lease is for the best interests of the protected minor and the estate of the protected minor, the court shall enter an order authorizing the guardian to enter into the lease.
Nev. Rev. Stat. § 159A.156 — NV Code / Title 13 / Chapter 159A / Section 159A.156
Sale of interest in personal property pledged to protected minor and choses in action of estate of protected minor
Status: in_force

The following interests of the estate of the protected minor may be sold in the same manner as other personal property:

1. An interest in personal property that has been pledged to the protected minor; and

2. Choses in action.
Nev. Rev. Stat. § 159.339 — NV Code / Title 13 / Chapter 159 / Section 159.339
Assumption of jurisdiction by court of trust of which protected person is beneficiary
Status: in_force

1. If the inventory filed pursuant to NRS 159.085 includes the existence of a trust of which the protected person is currently a beneficiary who is receiving or is entitled to receive distributions, the trustee must be served with a copy of the inventory for the purpose of alerting the trustee that the court may assume jurisdiction of the trust pursuant to this section or that supervision of the trust may be transferred to the court pursuant to NRS 164.130 .

2. The guardian of the protected person or attorney of the protected person may demand a copy of the trust and an accounting of the assets of the trust from the trustee. Such a demand must be served on the trustee and all parties and include notice that failure to comply with the demand may result in the court assuming jurisdiction of the trust.

3. If the trustee fails to comply with the demand made pursuant to subsection 2 within 30 days after being served with the demand, the guardian of the protected person or attorney of the protected person may petition the court to assume jurisdiction of the trust. Such a petition must be served on the trustee and all parties.

4. Not later than 30 days after being served with a petition pursuant to subsection 3, the trustee may object to the court assuming jurisdiction of the trust. If no objection is filed or if the court does not find good cause as to why it should not assume jurisdiction of the trust, the court may assume jurisdiction of the trust.

5. Not later than 30 days after the court assumes jurisdiction of the trust pursuant to this section or supervision of the trust is transferred to the court pursuant to NRS 164.130 , the trustee shall file a copy of the trust and an accounting of the assets of the trust with the court.

6. The provisions of chapters 162 to 167, inclusive, of NRS apply to a trust of which a court has jurisdiction.
Nev. Rev. Stat. § 162B.450 — NV Code / Title 13 / Chapter 162B / Section 162B.450
Power to contract: Power of appointment not presently exercisable
Status: reserved

A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:

1. Is also the donor of the power; and

2. Has reserved the power in a revocable trust.
Nev. Rev. Stat. § 162B.085 — NV Code / Title 13 / Chapter 162B / Section 162B.085
“Presently exercisable power of appointment” defined
Status: in_force

“ Presently exercisable power of appointment ” means a power of appointment exercisable by the powerholder at the relevant time. The term:

1. Includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified time only after: (a) The occurrence of the specified event; (b) The satisfaction of the ascertainable standard; or (c) The passage of the specified time; and

2. Does not include a power exercisable only at the powerholder's death.
Nev. Rev. Stat. § 159.175 — NV Code / Title 13 / Chapter 159 / Section 159.175
Exchange or partition of property of protected person
Status: in_force

1. A guardian of the estate, with prior approval of the court by order, where it appears from the petition and the court determines that the best interests of the protected person are served by such action, may: (a) Accept an offer to exchange all or any interest of the protected person in real or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or (b) Effect a voluntary partition of real or personal property or both real and personal property in which the protected person owns an undivided interest.

2. Upon hearing the petition, the court shall inquire into the value of the property to be exchanged or partitioned, the rental or income therefrom, and the use for which the property is best suited.
Nev. Rev. Stat. § 159.344 — NV Code / Title 13 / Chapter 159 / Section 159.344
Payment of attorney's fees and costs incurred as result of representation by attorney in guardianship proceeding: Liability; petition for payment from guardianship estate; procedure upon filing petition
Status: in_force

1. Any person, including, without limitation, a guardian or proposed guardian, who retains an attorney for the purposes of representing a party in a guardianship proceeding is personally liable for any attorney's fees and costs incurred as a result of such representation.

2. Notwithstanding the provisions of subsection 1 and except as otherwise provided in subsection 5 of NRS 159.183 , a person who is personally liable for attorney's fees and costs may petition the court for an order authorizing such attorney's fees and costs to be paid from the estate of the protected person in accordance with this section. Any such attorney's fees and costs must not be paid from the guardianship estate unless and until the court authorizes the payment pursuant to this section.

3. When a person who intends to petition the court for payment of attorney's fees and costs from the guardianship estate first appears in the guardianship proceeding, the person must file written notice of his or her intent to seek payment of attorney's fees and costs from the guardianship estate. The written notice: (a) Must provide a general explanation of the compensation arrangement and how compensation will be computed; (b) Must include the hourly billing rates of all timekeepers, including, without limitation, attorneys, law clerks and paralegals; (c) Must provide a general explanation of the reasons why the services of the attorney are necessary to further the best interests of the protected person; (d) Must be served by the person on all persons entitled to notice pursuant to NRS 159.034 and 159.047 ; and (e) Is subject to approval by the court after a hearing.

4. If written notice was filed and approved by the court pursuant to subsection 3, a person may file with the court a petition requesting payment of attorney's fees and costs from the guardianship estate. Such a petition must include the following information: (a) A detailed statement as to the nature and extent of the services performed by the attorney; (b) An itemization of each task performed by the attorney, with reference to the time spent on each task in an increment to the nearest one-tenth of an hour and with no minimum billing unit in excess of one-tenth of an hour; (c) An indication of whether any time billed, including, without limitation, any time spent traveling or waiting, benefited any clients of the attorney other than the protected person and, if so, how many other clients benefited from such time; and (d) Any other information considered relevant to a determination of whether attorney's fees are just, reasonable and necessary. Absent approval from all parties who have appeared in the proceeding, any supplemental requests for the payment of attorney's fees and costs cannot be augmented in open court and must be properly noticed in the same manner as the underlying petition requesting payment.

5. In determining whether attorney's fees are just, reasonable and necessary, the court may consider all the following factors: (a) The written notice approved by the court pursuant to subsection 3. (b) Whether the services conferred any actual benefit upon the protected person or attempted to advance the best interests of the protected person. (c) The qualities of the attorney, including, without limitation, his or her ability, training, education, experience, professional standing and skill. (d) The character of the work performed, including, without limitation, the difficulty, intricacy and importance of the work, the time and skill required to complete the work, the responsibility imposed and the nature of the proceedings. (e) The work actually performed by the attorney, including, without limitation, the skill, time and attention given to the work. (f) The result of the work, including, without limitation, whether the attorney was successful and any benefits that were derived. (g) The usual and customary fees charged in the relevant professional communities for each task performed, regardless of who actually performed the task. The court may only award: (1) Compensation at an attorney rate for time spent performing services that require an attorney; (2) Compensation at a paralegal rate for time spent performing paralegal services; (3) Compensation at a fiduciary rate for time spent performing fiduciary services; and (4) No compensation for time spent performing secretarial or clerical services. (h) The appropriate apportionment among multiple clients of any billed time that benefited multiple clients of the attorney. (i) The extent to which the services were provided in a reasonable, efficient and cost-effective manner, including, without limitation, whether there was appropriate and prudent delegation of services to others. (j) The ability of the estate of the protected person to pay, including, without limitation: (1) The value of the estate; (2) The nature, extent and liquidity of the assets of the estate; (3) The disposable net income of the estate; (4) The anticipated future needs of the protected person; and (5) Any other foreseeable expenses. (k) The efforts made by the person and attorney to reduce and minimize any issues. (l) Any actions by the person or attorney that unnecessarily expanded issues or delayed or hindered the efficient administration of the estate. (m) Whether any actions taken by the person or attorney were taken for the purpose of advancing or protecting the interests of the person as opposed to the interests of the protected person. (n) Any other factor that is relevant in determining whether attorney's fees are just, reasonable and necessary, including, without limitation, any other factor that is relevant in determining whether the person was acting in good faith and was actually pursuing the best interests of the protected person.

6. The court shall not approve compensation for an attorney for: (a) Time spent on internal business activities of the attorney, including, without limitation, clerical or secretarial support; or (b) Time reported as a total amount of time spent on multiple tasks, rather than an itemization of the time spent on each task.

7. Any fees paid by a third party, including, without limitation, a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.

8. In addition to any payment provided to a person pursuant to this section for the services of an attorney, a person may receive payment for ordinary costs and expenses incurred in the scope of the attorney's representation.

9. If two or more parties in a guardianship proceeding file competing petitions for the appointment of a guardian or otherwise litigate any contested issue in the guardianship proceeding, only the prevailing party may petition the court for payment of attorney's fees and costs from the guardianship estate pursuant to this section. If the court determines that there is no prevailing party, the court may authorize a portion of each party's attorney's fees and costs to be paid from the guardianship estate if the court determines that such fees and costs are just, reasonable and necessary given the nature of any issues in dispute.

10. If an attorney is appointed by the court in a guardianship proceeding, he or she may petition the court for compensation for his or her services from the guardianship estate in accordance with the procedure set forth in this section.
Nev. Rev. Stat. § 159A.305 — NV Code / Title 13 / Chapter 159A / Section 159A.305
Petition alleging that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property
Status: in_force

1. If a guardian, interested person, protected minor or proposed protected minor petitions the court upon oath alleging: (a) That a person has or is suspected to have concealed, converted to his or her own use, conveyed away or otherwise disposed of any money, good, chattel or effect of the protected minor or proposed protected minor; or (b) That the person has in his or her possession or knowledge any deed, conveyance, bond, contract or other writing which contains evidence of, or tends to disclose the right, title or interest of the protected minor or proposed protected minor in or to, any real or personal property, or any claim or demand, the judge may cause the person to be cited to appear before the district court to answer, upon oath, upon the matter of the petition.

2. If the person cited does not reside in the county where letters of guardianship have been issued pursuant to NRS 159A.075 , the person may be cited and examined before the district court of the county where the person resides, or before the court that issued the citation. Each party to the petition may produce witnesses, and such witnesses may be examined by either party.
Nev. Rev. Stat. § 166.018 — NV Code / Title 13 / Chapter 166 / Section 166.018
“Settlor” defined
Status: in_force

“ Settlor ” means:

1. The person who creates a spendthrift trust however described in the trust instrument; or

2. Any person who contributes assets to the spendthrift trust as to the assets he or she contributed to the spendthrift trust except to the extent of consideration received therefor by that person.
Nev. Rev. Stat. § 164.043 — NV Code / Title 13 / Chapter 164 / Section 164.043
Expenses and compensation of trustees
Status: in_force

1. The expenses and compensation of a trustee of a nontestamentary trust must initially be governed by the terms of the nontestamentary trust. Thereafter, subject to any contrary terms of the nontestamentary trust, the court shall allow the trustee his or her proper expenses and such compensation for services as are just and reasonable.

2. Where there are several trustees, compensation must be apportioned among the trustees according to the respective services rendered, and such compensation may be: (a) A fixed yearly compensation for each trustee; (b) A set amount for the term of service; (c) An hourly rate for services rendered; or (d) Pursuant to a standard schedule of fees.

3. The provisions of this section must not be interpreted to abridge the authority of a court having jurisdiction over a testamentary trust pursuant to NRS 153.020 or 164.010 to review and settle the expenses and compensation of the trustee of a testamentary trust upon the petition of any interested person.

4. As used in this section, “nontestamentary trust” has the meaning ascribed to it in NRS 163.0016 .
Nev. Rev. Stat. § 162A.380 — NV Code / Title 13 / Chapter 162A / Section 162A.380
Principles of law and equity
Status: in_force

Unless displaced by a provision of NRS 162A.200 to 162A.660 , inclusive, the principles of law and equity supplement NRS 162A.200 to 162A.660 , inclusive.
Nev. Rev. Stat. § 162A.855 — NV Code / Title 13 / Chapter 162A / Section 162A.855
Advance health-care directive: Form
Status: in_force

The following form may be used to create an advance health-care directive.

ADVANCE HEALTH-CARE DIRECTIVE HOW YOU USE THIS FORM

You can use this form if you wish to name someone to make health care decisions for you in case you cannot make them for yourself. This is called giving the person you name a power of attorney for health care. The person you name is called your agent.

You can also use this form to state your wishes, preferences and goals for health care, and to say if you want to be an organ donor after you die.

YOUR NAME AND DATE OF BIRTH

Name: ___________________________________

Date of birth: _____________________________

PART 1: NAMING AN AGENT This part lets you name someone else to make health care decisions for you. You may leave any item blank. (1) NAMING AN AGENT: I want the following person to make health care decisions for me if I cannot make decisions for myself: Name: ___________________________________ Optional contact information (It is helpful to include information such as the person's address, phone number and email address.): (2) NAMING AN ALTERNATE AGENT: I want the following person to make health care decisions for me if I cannot and my agent is not willing, able or reasonably available to make them for me: Name: ___________________________________ Optional contact information (It is helpful to include information such as the person's address, phone number and email address.): (3) LIMITING YOUR AGENT’S AUTHORITY: I give my agent the power to make all health care decisions for me if I cannot make those decisions for myself, except for the following: (If you do not add any limitations here, your agent will be able to make all health care decisions that an agent is permitted to make under state law.)

PART 2: HEALTH CARE INSTRUCTION This part lets you state your priorities for health care and types of health care you do and do not want. (1) INSTRUCTIONS ABOUT LIFE-SUSTAINING TREATMENT This section gives you the opportunity to say how you want your agent to act while making decisions for you. You may mark or initial each item. You may also leave any item blank. Medical treatment needed to keep me alive but not needed for comfort or any other purpose should (mark all that apply): (___) Always be given to me. (___) Not be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated. (___) Not be given to me if I am unconscious and I am not expected to be conscious again. (___) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself and recognizing family and friends. (___) Other (write what you want or do not want): If I cannot swallow and staying alive requires me to get liquid or food through a tube or other means for the rest of my life, liquid or food should (mark all that apply): (___) Always be given to me. (___) Not be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated. (___) Not be given to me if I am unconscious and I am not expected to be conscious again. (___) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself and recognizing family and friends. (___) Other (write what you want or do not want): If I am in significant pain, care that will keep me comfortable but is likely to shorten my life should (mark all that apply): (___) Always be given to me. (___) Never be given to me. (___) Be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated. (___) Be given to me if I am unconscious and I am not expected to be conscious again. (___) Be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself and recognizing family and friends. (___) Other (write what you want or do not want): (2) INSTRUCTION ABOUT PRIORITIES You can use this section to indicate what is important to you, and what is not important to you. This information can help your agent make decisions for you if you cannot. It also helps others understand your preferences. You may mark or initial each item. You also may leave any item blank. Staying alive as long as possible even if I have substantial physical limitations is: (___) very important (___) somewhat important (___) not important Staying alive as long as possible even if I have substantial mental limitations is: (___) very important (___) somewhat important (___) not important Being free from significant pain is: (___) very important (___) somewhat important (___) not important Being independent is: (___) very important (___) somewhat important (___) not important Having my agent talk with my family before making decisions about my care is: (___) very important (___) somewhat important (___) not important Having my agent talk with my friends before making decisions about my care is: (___) very important (___) somewhat important (___) not important (3) OTHER INSTRUCTIONS You can use this section to provide any other information about your goals, values and preferences for treatment, including care you want or do not want. You can also use this section to name anyone who you do not want to make decisions for you under any conditions.

PART 3: OPTIONAL SPECIAL POWERS AND GUIDANCE This part allows you to give your agent additional powers and to provide your agent with more guidance about your wishes. You may mark or initial each item. You also may leave any item blank. (1) OPTIONAL SPECIAL POWERS My agent can do the following things ONLY if I have initialed or marked them below: (___) Admit me as a voluntary patient to a facility for mental health treatment for up to 7 days, 14 days or 30 days (circle one). (If I do not mark or initial this, my agent MAY NOT admit me as a voluntary patient to this type of facility.) (___) Place me in a nursing home for more than 100 days even if my needs can be met somewhere else, I am not terminally ill and I object. (If I do not mark or initial this, my agent MAY NOT do this.) (2) ACCESS TO MY HEALTH INFORMATION My agent may obtain, examine and share information about my health needs and health care if I am not able to make decisions for myself. If I initial or mark below, my agent may also do this at any time he or she thinks it will help me. (___) I give my agent permission to obtain, examine and share information about my health needs and health care whenever he or she thinks it will help me. (3) GUIDANCE FOR MY AGENT The instructions I have stated in this document should guide my agent in making decisions for me (initial or mark one of the below items to tell your agent more about how to use these instructions): (___) I give my agent permission to be flexible in applying these instructions if he or she thinks it would be in my best interest based on what they know about me. (___) I want my agent to follow these instructions exactly as written if possible, even if he or she thinks something else is better. (4) NOMINATION OF GUARDIAN Here you can say who you would want as your guardian if you need one. A guardian is a person appointed by a court to make decisions for someone who cannot make decisions. Filling this out does NOT mean you want or need a guardian right now. If a court appoints a guardian to make personal decisions for me, I want the court to choose: (___) My agent named in this form. If my agent cannot be a guardian, I want my alternate agent named in this form. (___) Other (write who you would want and their contact information):

PART 4: ORGAN DONATION This part allows you to donate your organs when you die. You may mark or initial each item. You also may leave any item blank. Even if it requires maintaining treatments that could prolong my dying process and might be in conflict with other instructions I have put in this form, upon my death: (___) I donate my organs, tissues and other body parts, except for those listed below (list any body parts you do not want to donate): (___) I do not want my organs, tissues or body parts donated to anybody for any reason. Organs, tissues or body parts that I donate may be used for: (___) transplant (___) therapy (___) research (___) education (___) all of the above

PART 5: SIGNATURES REQUIRED ON THIS FORM YOUR SIGNATURE Sign your name: _________________________________ Today's date: ___________________________________ SIGNATURE OF WITNESSES You need two witnesses if you are using this form to name an agent. The witnesses must be adults and cannot be the person you are naming as agent. If you live in a nursing home, the witness cannot be an employee of the home or someone who owns or runs the home. Witness name: ___________________________________ Witness signature: ___________________________________ ___________________________________ Date witness signed: ______________________________ (Only sign as a witness if you think that the person signing above is doing it voluntarily.) Witness name: ___________________________________ Witness signature: ________________________________ ________________________________________________ Date witness signed: ______________________________ (Only sign as a witness if you think that the person signing above is doing it voluntarily.)

PART 6: INFORMATION FOR AGENTS (1) If this form names you as an agent, you can make decisions about health care for the person who named you when they cannot make their own. (2) If you make a decision for the person, follow any instructions the person gave, including any in this form. (3) If you make a decision for the person and you don't know what the person would want, make the decision that you think is in the person's best interest. To figure out what is in the person's best interest, consider the person's values, preferences and goals if you know them or can learn them. Some of those preferences might be in this form. You should also consider any behaviors or communications from the person that indicate what they currently want. (4) If this form names you as an agent, you can also get and share the individual's health information. But unless the person has said so in this form, you can only get or share this information when the person cannot make their own decisions about their health care.
Nev. Rev. Stat. § 159.074 — NV Code / Title 13 / Chapter 159 / Section 159.074
Copy of order of appointment to be served upon protected person; notice of entry of order to be filed with court
Status: in_force

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

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

3. A notice of entry of the order must be filed with the court.
Nev. Rev. Stat. § 162.020 — NV Code / Title 13 / Chapter 162 / Section 162.020
Definitions
Status: in_force

1. In NRS 162.010 to 162.140 , inclusive, unless the context of subject matter otherwise requires: (a) “Bank” includes any person or association of persons, whether incorporated or not, carrying on the business of banking. (b) “Fiduciary” includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate. (c) “Principal” includes any person to whom a fiduciary as such owes an obligation.

2. A thing is done “in good faith” within the meaning of NRS 162.010 to 162.140 , inclusive, when it is in fact done honestly, whether it is done negligently or not.
Nev. Rev. Stat. § 159A.103 — NV Code / Title 13 / Chapter 159A / Section 159A.103
Claims against estate of protected minor
Status: in_force

A guardian of the estate shall pay from the guardianship estate pursuant to NRS 159A.105 , 159A.107 and 159A.109 all just claims against the protected minor, the estate or the guardian as such, whether accruing before or after the appointment of the guardian and whether arising in contract, in tort or otherwise.
Nev. Rev. Stat. § 159A.171 — NV Code / Title 13 / Chapter 159A / Section 159A.171
Executing and recording legal documents
Status: in_force

1. A guardian of the estate shall record a certified copy of any court order authorizing the sale, mortgage, lease, surrender or conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.

2. To carry out effectively any transaction affecting the protected minor's property as authorized by this chapter, the court may authorize the guardian to execute any promissory note, mortgage, deed of trust, deed, lease, security agreement or other legal document or instrument which is reasonably necessary to carry out such transaction.
Nev. Rev. Stat. § 162B.460 — NV Code / Title 13 / Chapter 162B / Section 162B.460
Remedy for breach of contract to appoint or not to appoint
Status: in_force

The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
Nev. Rev. Stat. § 162B.365 — NV Code / Title 13 / Chapter 162B / Section 162B.365
Powerholder’s authority to revoke or amend exercise; exceptions
Status: in_force

A powerholder may revoke or amend an exercise of a power of appointment unless:

1. The terms of the instrument exercising the power of appointment expressly state that the exercise is irrevocable or unamendable;

2. The terms of the instrument creating the power of appointment expressly state that the exercise is irrevocable or unamendable; or

3. The property is subject to a present exercisable power of appointment that has been delivered to the permissible appointee in whose favor the power was exercised, regardless of whether such delivery was made outright, in trust or as custodial property pursuant to chapter 167 of NRS.
Nev. Rev. Stat. § 162B.220 — NV Code / Title 13 / Chapter 162B / Section 162B.220
Presumption of unlimited authority
Status: in_force

Subject to NRS 162B.240 , and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:

1. Presently exercisable;

2. Exclusionary; and

3. Except as otherwise provided in NRS 162B.230 , general.
Nev. Rev. Stat. § 159.047 — NV Code / Title 13 / Chapter 159 / Section 159.047
Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service
Status: in_force

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

2. A citation issued under subsection 1, together with a copy of the petition filed under NRS 159.044 , must be served upon: (a) The proposed protected person, regardless of whether the proposed protected person is considered to have the capacity to understand or appreciate the contents of the citation and petition; (b) The spouse of the proposed protected person and all other known relatives of the proposed protected person who are: (1) Fourteen years of age or older; and (2) Within the second degree of consanguinity; (c) The parents and custodian of the proposed protected person; (d) Any person or officer of a care provider having the care, custody or control of the proposed protected person; (e) The proposed guardian, if the petitioner is not the proposed guardian; (f) Any office of the Department of Veterans Affairs in this State if the proposed protected person is receiving any payments or benefits through the Department of Veterans Affairs; and (g) The Director of the Department of Health and Human Services if the proposed protected person has received or is receiving any benefits from Medicaid.

3. A person who serves notice upon a proposed protected person pursuant to paragraph (a) of subsection 2 shall file with the court an affidavit stating that he or she served notice upon the proposed protected person in accordance with the provisions of NRS 159.0475 .
Nev. Rev. Stat. § 159A.1365 — NV Code / Title 13 / Chapter 159A / Section 159A.1365
Application of money from sale of real property of protected minor that is subject to mortgage or other lien
Status: in_force

If real property of the estate of a protected minor is sold that is subject to a mortgage or other lien which is a valid claim against the estate, the money from the sale must be applied in the following order:

1. To pay the necessary expenses of the sale.

2. To satisfy the mortgage or other lien, including, without limitation, payment of interest and any other lawful costs and charges. If the mortgagee or other lienholder cannot be found, the money from the sale may be paid as ordered by the court and the mortgage or other lien shall be deemed to be satisfied.

3. To the estate of the protected minor, unless the court orders otherwise.
Nev. Rev. Stat. § 159.184 — NV Code / Title 13 / Chapter 159 / Section 159.184
Accounting by certain care providers
Status: in_force

If a protected person resides with a care provider that is an institution or facility, the care provider shall furnish to the guardian an itemized accounting of all financial activity pertaining to the protected person:

1. On a quarterly basis; and

2. At any other time, upon the request of the guardian.
Nev. Rev. Stat. § 163.117 — NV Code / Title 13 / Chapter 163 / Section 163.117
Ex parte order restraining trustee from taking certain actions
Status: in_force

1. On petition or ex parte application of a beneficiary or trustee, the court, with or without bond, may enter an ex parte order restraining a trustee from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust, the court may enter the ex parte order. A person with whom the personal representative may transact business may be made a party to the ex parte order.

2. An ex parte order entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the trust.

3. Notice of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the ex parte order and as otherwise directed by the court.

4. The court may impose a fine on a beneficiary or trustee who obtains an ex parte order pursuant to this section without probable cause.

5. The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the trustee if it no longer appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust.
Nev. Rev. Stat. § 167.060 — NV Code / Title 13 / Chapter 167 / Section 167.060
Expenses, compensation and bond of custodian
Status: in_force

1. A custodian is entitled to reimbursement from the custodial property for reasonable expenses incurred in the performance of the custodian’s duties.

2. Unless a custodian is a transferor under NRS 167.023 , the custodian may elect to receive from the custodial property during each calendar year reasonable compensation for the custodian’s services performed during that year.

3. Except as otherwise provided in this chapter, a custodian need not give a bond for the performance of his or her duties.
Nev. Rev. Stat. § 166A.360 — NV Code / Title 13 / Chapter 166A / Section 166A.360
Uniformity of application and construction
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Nev. Rev. Stat. § 162C.200 — NV Code / Title 13 / Chapter 162C / Section 162C.200
Formation and termination of supported decision-making agreement
Status: in_force

1. An adult may enter into a supported decision-making agreement at any time if the adult: (a) Enters into the agreement voluntarily and without coercion or undue influence; and (b) Understands the nature and effect of the agreement.

2. A supported decision-making agreement must: (a) Be in writing; (b) Be dated; (c) Designate one or more supporters; (d) List the types of decisions with which the supporter is authorized to assist the principal; (e) List the types of decisions, if any, with which the supporter is not authorized to assist the principal; and (f) Be signed by each party to the agreement in the presence of at least two adult witnesses.

3. A principal or a supporter may terminate a supported decision-making agreement at any time, either verbally or in writing, and with notice to the other parties to the agreement.
Nev. Rev. Stat. § 164.041 — NV Code / Title 13 / Chapter 164 / Section 164.041
Confidential information: Redaction and sealing of information without prior court order in certain circumstances
Status: in_force

1. Confidential information relating to trusts that is contained in petitions and subsequent related findings under this title or title 12 of NRS may be redacted and filed under seal without a prior court order so long as the unredacted and complete copies of such petitions and filings are promptly provided to the court in camera and to all persons entitled to notice thereto.

2. Unless the court orders otherwise, confidential information once redacted or filed under seal must be redacted and filed under seal without a prior court order in all subsequent filings and orders in the matter relating to the petition, and unredacted and complete copies of such filings and orders must be promptly provided in camera to the court and to all persons entitled to copies thereto, as appropriate.

3. Nothing in this section shall be construed to abridge the power of any court of competent jurisdiction to order the production of unredacted and complete copies of petitions, filings and orders that have been redacted or filed under seal to an interested person, as defined in NRS 132.185 , or to other persons for cause shown.

4. As used in this section, “ confidential information ” includes: (a) Trust instruments, inventories, accountings and reports; (b) The names and addresses of trust settlors and beneficiaries; (c) Trust dispositive terms, including, without limitation: (1) The identity and amount of distributions or gifts; and (2) Powers of appointments; (d) Corporate and company records relating to trusts; (e) Personally identifying information, including, without limitation, social security numbers and dates of birth; and (f) Any other information the court deems confidential, if the interest in protecting the confidentiality of the information outweighs the public interest in accessing such information.
Nev. Rev. Stat. § 159.0251 — NV Code / Title 13 / Chapter 159 / Section 159.0251
“Protected minor” defined
Status: in_force

“Protected minor” has the meaning ascribed to it in NRS 159A.0251 .
Nev. Rev. Stat. § 167.030 — NV Code / Title 13 / Chapter 167 / Section 167.030
Creation of custodial property; manner of making transfer
Status: in_force

1. Custodial property is created and a transfer is made when: (a) An uncertificated security or a certificated security in registered form is: (1) Registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for ________________(name of minor) under Nevada's Uniform Act on Transfers to Minors”; or (2) Delivered if in certificated form, or any document necessary for the transfer or an uncertificated security is delivered, with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection 2; (b) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for ________________ (name of minor) under Nevada's Uniform Act on Transfers to Minors”; (c) The ownership of a life or endowment insurance policy or annuity contract is: (1) Registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for ________________(name of minor) under Nevada's Uniform Act on Transfers to Minors”; or (2) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for ________________ (name of minor) under Nevada's Uniform Act on Transfers to Minors”; (d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words: “as custodian for ________________(name of minor) under Nevada's Uniform Act on Transfers to Minors”; (e) An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for ________________ (name of minor) under Nevada's Uniform Act on Transfers to Minors”; (f) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is: (1) Issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for ________________(name of minor) under Nevada's Uniform Act on Transfers to Minors”; or (2) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for ________________(name of minor) under Nevada's Uniform Act on Transfers to Minors”; or (g) An interest in any property not described in paragraphs (a) to (f), inclusive, is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection 2.

2. An instrument in the following form satisfies the requirements of subparagraph (2) of paragraph (a) of subsection 1 and paragraph (g) of subsection 1: Transfer Under Nevada's Uniform Act on Transfers to Minors I, ________________(name of transferor or name and representative capacity if a fiduciary) hereby transfer to ________________(name of custodian), as custodian for ________________(name of minor) under Nevada's Uniform Act on Transfers to Minors, the following: (Insert a description of the custodial property sufficient to identify it). Dated: ____________________ ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ (Signature) ________________(name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under Nevada's Uniform Act on Transfers to Minors. Dated: ____________________ ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ (Signature of Custodian)

3. Any transfer made in a manner prescribed in subsection 1 may be made to only one minor and only one person may be the custodian. Any custodial property held by the same custodian for the benefit of the same minor constitutes a single custodianship.

4. A transferor shall promptly do all things within his or her power to put the subject of the transfer in the possession and control of the custodian.
Nev. Rev. Stat. § 162B.100 — NV Code / Title 13 / Chapter 162B / Section 162B.100
“Terms of the instrument” defined
Status: in_force

“ Terms of the instrument ” means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
Nev. Rev. Stat. § 165.200 — NV Code / Title 13 / Chapter 165 / Section 165.200
Penalties for violation of chapter
Status: in_force

When a trustee fails to perform any of the duties imposed upon the trustee by this chapter the trustee may be removed, the trustee’s compensation may be reduced or forfeited, or other civil penalty inflicted, in the discretion of the court.
Nev. Rev. Stat. § 160.110 — NV Code / Title 13 / Chapter 160 / Section 160.110
Penalty for failure to account
Status: in_force

If any guardian fails to file any account of the money received by the guardian from the Department of Veterans Affairs on account of a ward of the guardian within 30 days after such account is required by either the court or the Department of Veterans Affairs, or fails to furnish the Department of Veterans Affairs with a copy of the accounts of the guardian as required by this chapter, such failure constitutes grounds for removal.
Nev. Rev. Stat. § 159.0613 — NV Code / Title 13 / Chapter 159 / Section 159.0613
Protected persons: Preference for appointment of certain persons; other considerations in determining qualifications and suitability of guardian; appointment of nonresident guardian under certain circumstances; appointment of other persons; disqualifications
Status: in_force

1. Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for a protected person or proposed protected person, the court shall give preference to a nominated person or relative, in that order of preference: (a) Whether or not the nominated person or relative is a resident of this State; and (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the protected person or proposed protected person.

2. In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for a protected person or proposed protected person, the court shall consider, if applicable and without limitation: (a) The ability of the nominated person, relative or other person to provide for the basic needs of the protected person or proposed protected person, including, without limitation, food, shelter, clothing and medical care; (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of cannabis in accordance with the provisions of chapter 678C of NRS ; (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the protected person or proposed protected person to appoint the person as guardian for the protected person or proposed protected person; (d) Whether the nominated person, relative or other person is incapacitated or has a disability; and (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the protected person or proposed protected person.

3. If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for a protected person or proposed protected person, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference: (a) A person whom the protected person or proposed protected person nominated for the appointment as guardian for the protected person or proposed protected person in a will, trust or other written instrument that is part of the established estate plan of the protected person or proposed protected person and was executed by the protected person or proposed protected person while he or she was not incapacitated. (b) A person whom the protected person or proposed protected person requested for the appointment as guardian for the protected person or proposed protected person in a request to nominate a guardian that is executed in accordance with NRS 159.0753 .

4. Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to: (a) Any nomination or request for the appointment as guardian by the protected person or proposed protected person. (b) Any nomination or request for the appointment as guardian by a relative. (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the protected person or proposed protected person. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference: (1) A spouse or domestic partner. (2) A child. (3) A parent. (4) Any relative with whom the protected person or proposed protected person has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the protected person or proposed protected person while he or she was not incapacitated. (5) Any relative currently acting as agent. (6) A sibling. (7) A grandparent or grandchild. (8) An uncle, aunt, niece, nephew or cousin. (9) Any other person recognized to be in a familial relationship with the protected person or proposed protected person. (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615 . (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the protected person or proposed protected person while he or she was not incapacitated.

5. The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that: (a) The nonresident is more qualified and suitable to serve as guardian; and (b) The distance from the proposed guardian's place of residence and the place of residence of the protected person or proposed protected person will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the protected person or proposed protected person because: (1) A person or care provider in this State is providing continuing care and supervision for the protected person or proposed protected person; (2) The protected person or proposed protected person is in a secured residential long-term care facility in this State; or (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the protected person or proposed protected person will move to the proposed guardian's state of residence.

6. If the court appoints a nonresident as guardian for the protected person or proposed protected person: (a) The jurisdictional requirements of NRS 159.1991 to 159.2029 , inclusive, must be met. (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS and provide notice of the designation of a registered agent to the court. After the court is provided with such notice, the court shall monitor the information of the registered agent using the records of the Secretary of State. (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592 , in this State or in the state of residence of the guardian, regarding: (1) The legal duties and responsibilities of the guardian pursuant to this chapter; (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the protected person or proposed protected person required pursuant to NRS 159.073 ; (3) The rights of the protected person or proposed protected person; (4) The availability of local resources to aid the protected person or proposed protected person; and (5) Any other matter the court deems necessary or prudent.

7. If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian: (a) The public guardian of the county where the protected person or proposed protected person resides if: (1) There is a public guardian in the county where the protected person or proposed protected person resides; and (2) The protected person or proposed protected person qualifies for a public guardian pursuant to chapter 253 of NRS ; (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the protected person or proposed protected person will be served appropriately by the appointment of a private fiduciary; or (c) A private professional guardian who meets the requirements of NRS 159.0595 or 159A.0595 .

8. A person is not qualified to be appointed as guardian for a protected person or proposed protected person if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to: (a) The practice of law; (b) The practice of accounting; or (c) Any other profession that: (1) Involves or may involve the management or sale of money, investments, securities or real property; and (2) Requires licensure in this State or any other state in which the person practices his or her profession.

9. As used in this section: (a) “ Domestic partner ” means a person in a domestic partnership. (b) “ Domestic partnership ” means a domestic partnership as defined in NRS 122A.040 . (c) “ Nominated person ” means a person, whether or not a relative, whom a protected person or proposed protected person: (1) Nominates for the appointment as guardian for the protected person or proposed protected person in a will, trust or other written instrument that is part of the established estate plan of the protected person or proposed protected person and was executed by the protected person or proposed protected person while he or she was not incapacitated. (2) Requests for the appointment as guardian for the protected person or proposed protected person in a request to nominate a guardian that is executed in accordance with NRS 159.0753 . (d) “ Relative ” means a person who is 18 years of age or older and who is related to the protected person or proposed protected person by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
Nev. Rev. Stat. § 159.171 — NV Code / Title 13 / Chapter 159 / Section 159.171
Executing and recording legal documents
Status: in_force

1. A guardian of the estate shall record a certified copy of any court order authorizing the sale, mortgage, lease, surrender or conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.

2. To carry out effectively any transaction affecting the property of the protected person as authorized by this chapter, the court may authorize the guardian to execute any promissory note, mortgage, deed of trust, deed, lease, security agreement or other legal document or instrument which is reasonably necessary to carry out such transaction.
Nev. Rev. Stat. § 163.556 — NV Code / Title 13 / Chapter 163 / Section 163.556
Circumstances under which trustee is authorized to appoint property of one testamentary trust or irrevocable trust to another trust
Status: in_force

1. Except as otherwise provided in this section, unless the terms of a testamentary instrument or irrevocable trust provide otherwise, a trustee with discretion or authority to distribute trust income or principal to or for a beneficiary of the trust, whether acting in the trustee's own discretion or at the direction or with the consent of another party pursuant to the terms of the trust instrument, may exercise such discretion or authority by appointing the property subject to such discretion or authority in favor of a second trust as provided in this section.

2. The second trust to which a trustee appoints property of the original trust may only have as beneficiaries one or more of the beneficiaries of the original trust: (a) To or for whom a distribution of income or principal may be made from the original trust; (b) To or for whom a distribution of income or principal may be made in the future from the original trust at a time or upon the happening of an event specified under the original trust; or (c) Both paragraphs (a) and (b). For purposes of this subsection, a permissible appointee of a power of appointment exercised by a beneficiary of the second trust is not considered a beneficiary of the second trust.

3. A trustee may not appoint property of the original trust to a second trust if: (a) Appointing the property will reduce any income interest of any income beneficiary of the original trust if the original trust is: (1) A trust for which a marital deduction has been taken for federal or state income, gift or estate tax purposes; (2) A trust for which a charitable deduction has been taken for federal or state income, gift or estate tax purposes; or (3) A grantor-retained annuity trust or unitrust under 26 C.F.R. § 25.2702-3(b) and (c) . As used in this paragraph, “unitrust” has the meaning ascribed to it in NRS 164.700 . (b) The property to be appointed is subject to a power of withdrawal which is held by a beneficiary of the original trust and may be executed at the time of the proposed appointment, unless after the exercise of such appointment, the beneficiary of the original trust's power of withdrawal is unchanged with respect to the trust property. (c) A contribution made to the original trust qualified for a gift tax exclusion as described in section 2503(b) of the Internal Revenue Code , 26 U.S.C. § 2503(b) , by reason of the application of section 2503(c) of the Internal Revenue Code , 26 U.S.C. § 2503(c) , unless the second trust provides that the beneficiary's remainder interest must vest not later than the date upon which such interest would have vested under the terms of the original trust.

4. A trustee who is a beneficiary of the original trust may not exercise the authority to appoint property of the original trust to a second trust if: (a) Under the terms of the original trust or pursuant to law governing the administration of the original trust: (1) The trustee does not have discretion to make distributions to himself or herself; (2) The trustee's discretion to make distributions to himself or herself is limited by an ascertainable standard, and under the terms of the second trust, the trustee's discretion to make distributions to himself or herself is not limited by the same ascertainable standard; or (3) The trustee's discretion to make distributions to himself or herself can only be exercised with the consent of a cotrustee or a person holding an adverse interest and under the terms of the second trust the trustee's discretion to make distributions to himself or herself is not limited by an ascertainable standard and may be exercised without consent; or (b) Under the terms of the original trust or pursuant to law governing the administration of the original trust, the trustee of the original trust does not have discretion to make distributions that will discharge the trustee's legal support obligations but under the second trust the trustee's discretion is not limited.

5. Notwithstanding the provisions of subsection 1, a trustee who may be removed by the beneficiary or beneficiaries of the original trust and replaced with a trustee that is related to or subordinate, as described in section 672 of the Internal Revenue Code , 26 U.S.C. § 672(c) , to a beneficiary, may not exercise the authority to appoint property of the original trust to a second trust to the extent that the exercise of the authority by such trustee would have the effect of increasing the distributions that can be made from the second trust to such beneficiary or group of beneficiaries that held the power to remove the trustee of the original trust and replace such trustee with a related or subordinate person, unless the distributions that may be made from the second trust to such beneficiary or group of beneficiaries described in paragraph (a) of subsection 4 are limited by an ascertainable standard.

6. The provisions of subsections 4 and 5 do not prohibit a trustee who is not a beneficiary of the original trust or who may not be removed by the beneficiary or beneficiaries and replaced with a trustee that is related to or subordinate to a beneficiary from exercising the authority to appoint property of the original trust to a second trust pursuant to the provisions of subsection 1.

7. Before appointing property pursuant to subsection 1, a trustee may give notice of a proposed action pursuant to NRS 164.725 or may petition a court for approval pursuant to NRS 153.031 , 164.015 or 164.725 . Any notice of a proposed action or a petition for a court's approval must include the trustee's opinion of how the appointment of property will affect the trustee's compensation and the administration of other trust expenses.

8. The trust instrument of the second trust may: (a) Grant a general or limited power of appointment to one or more of the beneficiaries of the second trust who are beneficiaries of the original trust. (b) Provide that, at a time or occurrence of an event specified in the trust instrument, the remaining trust assets in the second trust must be held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.

9. The power to appoint the property of the original trust pursuant to subsection 1 must be exercised by a writing, signed by the trustee and filed with the records of the trust.

10. The exercise of the power to invade principal of the original trust pursuant to subsection 1 is considered the exercise of a power of appointment, other than power to appoint the property to the trustee, the trustee's creditors, the trustee's estate or the creditors of the trustee's estate and the provisions of NRS 111.1031 apply to such power of appointment.

11. The provisions of this section do not abridge the right of any trustee who has the power to appoint property which arises under any other law or under the terms of the original trust.

12. The provisions of this section do not impose upon a trustee a duty to exercise the power to appoint property pursuant to subsection 1.

13. The power to appoint property to another trust pursuant to subsection 1 is not a power to amend the trust and a trustee is not prohibited from appointing property to another trust pursuant to subsection 1 if the original trust is irrevocable or provides that it may not be amended.

14. A trustee's power to appoint property to another trust pursuant to subsection 1 is not limited by the existence of a spendthrift provision in the original trust.

15. A trustee exercising any power granted pursuant to this section may designate himself or herself or any other person permitted to act as a trustee as the trustee of the second trust.

16. The trustee of a second trust, resulting from the exercise of the power to appoint property to another trust pursuant to subsection 1, may also exercise the powers granted pursuant to this section with respect to the second trust.

17. Except as otherwise provided under the terms of the trust, the power of a trustee to appoint property to another trust is in addition to any other powers conferred by the terms of the trust or under the laws of this State. This section does not expand, restrict, eliminate or otherwise alter any power that, with respect to a trust, a person holds in a nonfiduciary capacity.

18. The power of a trustee to appoint property to another trust is an administrative act under this section and, therefore, regardless of whether a trust applies the laws of this State for construction or validity issues, this section applies to a trust that is governed by, sitused in or administered under the laws of this State, whether the trust is initially governed by, sitused in or administered under the laws of this State pursuant to the terms of the trust instrument or whether the governing law, situs or administration of the trust is moved to this State from another state or foreign jurisdiction.

19. The power to appoint property to a second trust pursuant to this section may be exercised to appoint property to a second trust that is a special needs trust, pooled trust or third-party trust.

20. As used in this section: (a) “ Ascertainable standard ” means a standard relating to a person's health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code , 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1) , and any regulations of the United States Treasury promulgated thereunder. (b) “ Pooled trust ” means a trust described in 42 U.S.C. § 1396p(d)(4)(C) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance. (c) “ Second trust ” means an irrevocable trust that receives trust income or principal appointed by the trustee of the original trust, and may be established by any person, including, without limitation, a new trust created by the trustee, acting in that capacity, of the original trust. If the trustee of the original trust establishes the second trust, then for purposes of creating the new second trust, the requirement of NRS 163.008 that the instrument be signed by the settlor shall be deemed to be satisfied by the signature of the trustee of the original trust. The second trust may be a trust created under the original trust instrument, as modified after an appointment of property made pursuant to this section, or a different trust instrument. If the second trust is created under the original trust instrument, as modified after an appointment of property made pursuant to this section, and is therefore the modified original trust, a trustee may exercise the power to appoint the trust property from the original trust to the second trust without an actual distribution of the property subject to the appointment. (d) “ Special needs trust ” means a trust under 42 U.S.C. § 1396p(d)(4)(A) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance. (e) “ Third-party trust ” means a trust that is: (1) Established by a third party with the assets of the third party to provide for the supplemental needs of a person who is eligible for needs-based public assistance at or after the time of the creation of the trust; and (2) Exempt from the provisions of any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid.
Nev. Rev. Stat. § 162A.760 — NV Code / Title 13 / Chapter 162A / Section 162A.760
“Provider of health care” defined
Status: in_force

“Provider of health care” has the meaning ascribed to it in NRS 629.031 .
Nev. Rev. Stat. § 166A.220 — NV Code / Title 13 / Chapter 166A / Section 166A.220
Multiple beneficiaries; separate custodial trusts; survivorship
Status: in_force

1. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of a married couple, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to community or marital property.

2. Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.

3. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to NRS 166A.230 and 166A.310 for the administration of the custodial trust.
Nev. Rev. Stat. § 162.240 — NV Code / Title 13 / Chapter 162 / Section 162.240
Tax obligations
Status: in_force

NRS 162.150 to 162.250 , inclusive, do not affect any obligation of a corporation or transfer agent with respect to any taxes imposed by the laws of this state.
Nev. Rev. Stat. § 164.045 — NV Code / Title 13 / Chapter 164 / Section 164.045
Circumstances under which laws of this State govern trusts; change of situs to this State
Status: in_force

1. The laws of this State govern the validity and construction of a trust if: (a) The trust instrument so provides; (b) Designated by a person who, under the terms of the trust instrument, has the right to designate the laws that govern the validity and construction of the trust, at the time the designation is made; or (c) The trust instrument does not provide for the law that governs the validity and construction of the trust, a person designated under the terms of the trust instrument to designate the law that governs the validity and construction of the trust, if any, has not made such a designation and the settlor or the trustee of the trust was a resident of this State at the time the trust was created or at the time the trust became irrevocable.

2. A person not domiciled in this State may have the right to designate the laws that govern the validity and construction of a trust if properly designated under the trust instrument.

3. A trust, the situs of which is outside this State, that moves its situs to this State is valid whether or not the trust complies with the laws of this State at the time of its creation or after its creation.
Nev. Rev. Stat. § 164.797 — NV Code / Title 13 / Chapter 164 / Section 164.797
Administration of unitrust: Duties of trustee; valuation of assets of trust
Status: in_force

After a trust is converted into a unitrust:

1. A trustee shall follow an investment policy seeking a total return for the investments held by the trust whether or not the return is derived from appreciation of capital, from earnings and distributions of capital or from a combination thereof.

2. A trustee shall make regular distributions in accordance with the trust instrument and the provisions of this section.

3. Under the terms of the trust, the term “ income ” means an annual distribution from the trust equal to not less than 3 percent and not more than 5 percent of the net fair market value of the trust's assets. The value of the trust assets must be determined at the end of the calendar year by averaging, over the preceding 3 years or during the period of the trust's existence, whichever is less, both the income and the principal assets of the trust.
Nev. Rev. Stat. § 164.755 — NV Code / Title 13 / Chapter 164 / Section 164.755
Duty to bring trust portfolio into compliance with terms and circumstances of trust and provisions of NRS within reasonable time
Status: in_force

Within a reasonable time after accepting a trusteeship or receiving trust property, a trustee shall review the trust property and make and carry out decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, requirements for distribution and other circumstances of the trust, and with the requirements of NRS 164.700 to 164.775 , inclusive.
Nev. Rev. Stat. § 162B.520 — NV Code / Title 13 / Chapter 162B / Section 162B.520
Power to withdraw
Status: in_force

1. For purposes of NRS 162B.500 to 162B.530 , inclusive, and except as otherwise provided in subsection 2, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.

2. On the lapse, release or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release or waiver exceeds the greater of the amount specified in 26 U.S.C. § 2041(b)(2) and 26 U.S.C. § 2514(e) or the amount specified in 26 U.S.C. § 2503(b) , as that section existed on October 1, 2017.
Nev. Rev. Stat. § 164.040 — NV Code / Title 13 / Chapter 164 / Section 164.040
Power or jurisdiction of court not abridged; court may take action necessary or proper to dispose of matter presented by petition
Status: in_force

1. NRS 164.010 and 164.015 do not limit or abridge the power or jurisdiction of the district court over trusts and trustees.

2. The court may enter any order or take any other action necessary or proper to dispose of the matters presented by a petition, including the appointment of a temporary trustee to administer the trust in whole or in part.
Nev. Rev. Stat. § 164.730 — NV Code / Title 13 / Chapter 164 / Section 164.730
No duty to make adjustment between principal and income; trustee immunity from liability
Status: in_force

1. The provisions of NRS 164.700 to 164.925 , inclusive, do not impose or create a duty of a trustee to make an adjustment between principal and income pursuant to the provisions of NRS 164.795 or 164.796 .

2. A trustee shall not be liable for: (a) Not considering whether to make such an adjustment; or (b) Deciding not to make such an adjustment.
Nev. Rev. Stat. § 164.025 — NV Code / Title 13 / Chapter 164 / Section 164.025
Notice of death of settlor; filing of claim against settlor, trust estate or settlor and trust estate; effect of failure to file claim; notice to Department of Health and Human Services; notice of rejected claim; effect of failure to bring suit after notice of rejected claim
Status: in_force

1. Regardless of the filing of a petition under NRS 164.010 , the trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.

2. The notice must be in substantially the following form: (a) For a claim against the settlor: NOTICE TO CREDITORS Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ____________________ trust.____________________, the settlor of that trust died on ____________________ A creditor having a claim against the settlor must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice. Dated ___________________________________ __________________________________________________ Trustee __________________________________________________ Address (b) For a claim against the trust: NOTICE TO CREDITORS Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ____________________ trust. ____________________, the settlor of that trust died on ____________________ A creditor having a claim against the trust estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice. Dated ___________________________________ __________________________________________________ Trustee __________________________________________________ Address (c) For a claim against the settlor and the trust: NOTICE TO CREDITORS Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ____________________ trust.____________________, the settlor of that trust died on ____________________ A creditor having a claim against the settlor and against the trust estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice. Dated____________________________________ __________________________________________________ Trustee __________________________________________________ Address

3. Except as otherwise provided in subsection 4, a person having a claim, due or to become due, against a settlor or the trust, as applicable, must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. A claim filed within the applicable period is presumed timely filed if it contains on the first page of the claim a title stating it is a “Claim Pursuant to NRS 164.025 ” in a minimum 12-point bold type and it is mailed to the trustee at the address set forth in the notice with a return receipt or the creditor obtains written confirmation of receipt signed by the trustee or trustee's counsel. Any claim against a settlor or the trust estate, as applicable, that is not timely filed is forever barred. After the expiration of the time to file a claim as provided in this subsection or, if applicable, subsection 4, the trustee may distribute the assets of the trust to its beneficiaries without personal liability for any claim which has not been timely filed with the trustee. A claim not complying with the requirements of this subsection is rebuttably presumed to be untimely.

4. Notwithstanding the provisions of subsection 3, if the existence of an additional creditor who was not known or readily ascertainable at the time of the first publication of the notice to creditors is discovered by the trustee before the last day that creditors who were provided such notice may file a claim with the trustee pursuant to subsection 3, the trustee shall immediately mail a copy of the notice to the additional creditor, who must file a claim with the trustee in accordance with the provisions of subsection 3 within the applicable time period set forth in subsection 3 or 30 days from the date the trustee mailed such subsequent notice to the creditor, whichever is later.

5. If the trustee knows or has reason to believe that the settlor received public assistance during the lifetime of the settlor, the trustee shall, whether or not the trustee gives notice to other creditors, give notice within 30 days after the death to the Department of Health and Human Services in the manner provided in NRS 155.010 . If notice to the Department is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the Department to recover public assistance received.

6. If a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days after the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.

7. As used in this section, “nontestamentary trust” has the meaning ascribed to it in NRS 163.0016 .
Nev. Rev. Stat. § 162A.610 — NV Code / Title 13 / Chapter 162A / Section 162A.610
Gifts
Status: in_force

1. Unless the power of attorney otherwise provides, an agent has no authority to make a gift to any party on behalf of the principal.

2. If the power of attorney grants the agent the authority to make gifts, the agent may: (a) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code , 26 U.S.C. § 2503(b) , as amended, without regard to whether the federal gift tax exclusion applies to the gift or, if the principal's spouse agrees to consent to a split gift pursuant to section 2513 of the Internal Revenue Code , 26 U.S.C. § 2513 , as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and (b) Consent, pursuant to section 2513 of the Internal Revenue Code , 26 U.S.C. § 2513 , as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

3. An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including: (a) The value and nature of the principal's property; (b) The principal's foreseeable obligations and need for maintenance; (c) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer and gift taxes; (d) Eligibility for a benefit, a program or assistance under a statute or regulation; and (e) The principal's personal history of making or joining in making gifts.

4. As used in this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code , 26 U.S.C. § 529 , as amended.
Nev. Rev. Stat. § 163.150 — NV Code / Title 13 / Chapter 163 / Section 163.150
Withdrawal from mingled money of multiple trusts
Status: in_force

Where a person who is a trustee of two or more trusts has mingled the money of two or more trusts in the same aggregate of cash, or in the same bank, credit union or brokerage account or other investment, and a withdrawal is made therefrom by the trustee for his or her own benefit, or for the benefit of a third person not a beneficiary or creditor of one or more of the trusts, or for an unknown purpose, the withdrawal must be charged first to the amount of cash, credit or other property of the trustee in the mingled fund, if any, and after the exhaustion of the trustee's cash, credit or other property, then to the trusts in proportion to their interests in the cash, credit or other property at the time of the withdrawal.
Nev. Rev. Stat. § 160.040 — NV Code / Title 13 / Chapter 160 / Section 160.040
Limitation on number of wards; exceptions
Status: in_force

1. Except as otherwise provided in this section, it is unlawful for any person to accept appointment as guardian of any ward if the proposed guardian is at that time acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the Department of Veterans Affairs pursuant to this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from the guardian and shall discharge the guardian in the case.

2. The limitations of this section do not apply where the guardian is a bank or trust company acting for the wards' estates only.

3. An individual may be guardian of more than five wards if they are all members of the same family.

4. The limitations of this section do not apply to a public guardian.
Nev. Rev. Stat. § 159A.175 — NV Code / Title 13 / Chapter 159A / Section 159A.175
Exchange or partition of property of protected minor
Status: in_force

1. A guardian of the estate, with prior approval of the court by order, where it appears from the petition and the court determines that the best interests of the protected minor are served by such action, may: (a) Accept an offer to exchange all or any interest of the protected minor in real or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or (b) Effect a voluntary partition of real or personal property or both real and personal property in which the protected owner owns an undivided interest.

2. Upon hearing the petition, the court shall inquire into the value of the property to be exchanged or partitioned, the rental or income therefrom, and the use for which the property is best suited.
Nev. Rev. Stat. § 159.0895 — NV Code / Title 13 / Chapter 159 / Section 159.0895
Assets retained to pay expenses of funeral and disposal of remains of protected person: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected person
Status: in_force

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

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

3. Assets so retained may be disbursed for the funeral of the protected person or the disposal of his or her remains without prior authorization of the court. An amount not so disbursed becomes part of the estate of the protected person.
Nev. Rev. Stat. § 159.0253 — NV Code / Title 13 / Chapter 159 / Section 159.0253
“Protected person” defined
Status: in_force

“ Protected person ” means any person, other than a minor, for whom a guardian has been appointed.
Nev. Rev. Stat. § 162A.270 — NV Code / Title 13 / Chapter 162A / Section 162A.270
Termination of power of attorney or authority of agent
Status: in_force

1. A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal revokes the power of attorney; (d) The power of attorney provides that it terminates; (e) The limited purpose of the power of attorney is accomplished; or (f) The principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

2. An agent's authority terminates when: (a) The principal revokes the authority; (b) The agent dies, becomes incapacitated or resigns; (c) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (d) The power of attorney terminates.

3. Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.

4. Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

5. Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

6. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
Nev. Rev. Stat. § 159.2027 — NV Code / Title 13 / Chapter 159 / Section 159.2027
Effect of registration of guardianship orders issued in another state
Status: in_force

1. Upon registration of a guardianship, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian is not a resident of this State, subject to any conditions imposed upon nonresident parties.

2. A court of this State may grant any relief available under NRS 159.1991 to 159.2029 , inclusive, and other law of this State to enforce a registered order.
Nev. Rev. Stat. § 162.300 — NV Code / Title 13 / Chapter 162 / Section 162.300
Establishment of trust or formation of entity by fiduciary; transfer, assignment or conveyance of estate or trust property to trust or entity; ownership or control of trust or entity by trust
Status: in_force

1. A fiduciary may establish a trust or form a corporation, limited-liability company or other entity, and transfer, assign and convey to the trust, corporation, limited-liability company or entity all or any part of an estate or of any trust property in exchange for the stock, securities or obligations of the trust, corporation, limited-liability company or entity, and continue to hold the stock and securities and obligations.

2. A trust established or a corporation, limited-liability company or other entity incorporated, organized or registered under the laws of this State that acts as a fiduciary or trustee of an estate or trust administered under the laws of this State may be owned or controlled by the trust if the trust instrument authorizes the trust to own an affiliate.

3. As used in this section, “affiliate” has the meaning ascribed to it in NRS 163.020 .
Nev. Rev. Stat. § 159.044 — NV Code / Title 13 / Chapter 159 / Section 159.044
Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person
Status: in_force

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

2. To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation: (a) The name and address of the petitioner. (b) The name, date of birth and current address of the proposed protected person. (c) A copy of one of the following forms of identification of the proposed protected person which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner: (1) A social security number; (2) A taxpayer identification number; (3) A valid driver's license number; (4) A valid identification card number; (5) A valid passport number; (6) A valid permanent resident card number; or (7) A valid tribal identification card number. If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court. (d) Whether the proposed protected person is a resident or nonresident of this State. (e) The names and addresses of the spouse of the proposed protected person and the relatives of the proposed protected person who are within the second degree of consanguinity. (f) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595 or 159A.0595 . If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one protected person who is not related to the person by blood or marriage. As used in this paragraph, “ protected person ” includes a protected minor. (g) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner: (1) A social security number; (2) A taxpayer identification number; (3) A valid driver's license number; (4) A valid identification card number; (5) A valid passport number; (6) A valid permanent resident card number; or (7) A valid tribal identification card number. (h) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole. (i) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation must include, without limitation: (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating: (I) The need for a guardian; (II) Whether the proposed protected person presents a danger to himself or herself or others; (III) Whether the attendance of the proposed protected person at a hearing would be detrimental to the proposed protected person; (IV) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding; and (V) Whether the proposed protected person is capable of living independently with or without assistance; and (2) If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person. (j) Whether the appointment of a general or a special guardian is sought. (k) A general description and the probable value of the property of the proposed protected person and any income to which the proposed protected person is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed protected person by the United States through the Department of Veterans Affairs, the petition must so state. (l) The name and address of any person or care provider having the care, custody or control of the proposed protected person. (m) If the petitioner is not the spouse or natural child of the proposed protected person, a declaration explaining the relationship of the petitioner to the proposed protected person or to the family or friends of the proposed protected person, if any, and the interest, if any, of the petitioner in the appointment. (n) Requests for any of the specific powers set forth in NRS 159.117 to 159.175 , inclusive, necessary to enable the guardian to carry out the duties of the guardianship. (o) If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed protected person, whether the referral was from a law enforcement agency or a state or county agency. (p) Whether the proposed protected person or the proposed guardian is a party to any pending criminal or civil litigation. (q) Whether the guardianship is sought for the purpose of initiating litigation. (r) Whether the proposed protected person has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document. (s) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

3. Before the court makes a finding pursuant to NRS 159.054 , a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed.
Nev. Rev. Stat. § 159.099 — NV Code / Title 13 / Chapter 159 / Section 159.099
Liability of guardian of estate on contracts for protected person
Status: in_force

A guardian of the estate shall not be personally liable on any written or oral contract entered into for or on behalf of the protected person where the guardian is acting within his or her authority as such guardian. Any action, suit or proceeding on any such contract shall be brought against the guardian in his or her fiduciary capacity only, and any judgment or decree obtained in such action, suit or proceeding shall be satisfied only from property of the protected person.
Nev. Rev. Stat. § 159A.181 — NV Code / Title 13 / Chapter 159A / Section 159A.181
Hearing of account
Status: in_force

1. Any interested person may appear at the hearing and object to the account or file written objections to the account before the hearing.

2. If there are no objections to the account or if the court overrules any objections, the court may enter an order allowing and confirming the account.

3. Except as otherwise provided in this subsection, the order settling and allowing the account is a final order and is conclusive against all persons interested in the guardianship proceeding, including, without limitation, heirs and assigns. The order is not final against a protected minor who requests an examination of any account after the protected minor's legal disability is removed.

4. If the court finds that an interested person who objected to the account did not object in good faith or in furtherance of the best interests of the protected minor, the court may order the interested person to pay to the estate of the protected minor all or part of the expenses associated with the objection.
Nev. Rev. Stat. § 159A.075 — NV Code / Title 13 / Chapter 159A / Section 159A.075
Letters of guardianship
Status: in_force

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

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

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on__________ (month) __________ (day), __________ (year).
Nev. Rev. Stat. § 162A.820 — NV Code / Title 13 / Chapter 162A / Section 162A.820
Termination of power of attorney or authority of agent
Status: in_force

1. A power of attorney for health care terminates when: (a) The principal dies; (b) The principal revokes the power of attorney; (c) The power of attorney includes a termination date; or (d) The principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

2. An agent's authority under a power of attorney for health care terminates when: (a) The principal revokes the authority; (b) The agent dies, becomes incapacitated or resigns; (c) An action is filed for the dissolution or annulment of the agent's marriage to the principal, unless the power of attorney otherwise provides; or (d) The power of attorney includes a termination date.

3. Unless the power of attorney for health care otherwise provides, an agent's authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.

4. Termination of an agent's authority or of a power of attorney for health care is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

5. An execution of a power of attorney for health care automatically revokes any previous power of attorney to make health care decisions.

6. If a power of attorney for health care terminates while the principal is unable to make decisions concerning health care, the power of attorney for health care remains valid until the principal is again able to make such decisions.
Nev. Rev. Stat. § 159A.1385 — NV Code / Title 13 / Chapter 159A / Section 159A.1385
Contract for sale of real property of protected minor authorized; limitation on commission; liability of guardian and estate
Status: in_force

1. After the court has granted authority to sell real property of a protected minor, a guardian may enter into a written contract with any bona fide agent, broker or multiple agents or brokers to secure a purchaser for such property. Such a contract may grant an exclusive right to sell the property to the agent, broker or multiple agents or brokers.

2. The guardian shall provide for the payment of a commission upon the sale of the real property which: (a) Must be paid from the proceeds of the sale; (b) Must be fixed in an amount not to exceed: (1) Ten percent for unimproved real property; or (2) Seven percent for real property with any type of improvement; and (c) Must be authorized by the court by confirmation of the sale.

3. Upon confirmation of the sale by the court, the contract for the sale becomes binding and enforceable against the estate.

4. A guardian may not be held personally liable and the estate is not liable for the payment of any commission set forth in a contract entered into with an agent or broker pursuant to this section until the sale is confirmed by the court, and then is liable only for the amount set forth in the contract.
Nev. Rev. Stat. § 164.865 — NV Code / Title 13 / Chapter 164 / Section 164.865
Allocation of certain payments received because of services rendered or property transferred to payor in exchange for future payments to income or principal, or both; certain exceptions for trusts that qualify for marital deduction under federal law
Status: in_force

1. As used in this section: (a) “ Payment ” means a payment that a trustee may receive over a fixed number of years or during the life of one or more natural persons because of services rendered or property transferred to the payor in exchange for future payments. The term includes a payment made in money or property from the payor's general assets or from a separate fund created by the payor. As used in subsections 4 to 7, inclusive, the term also includes any payment from any separate fund, regardless of the reason for the payment. (b) “ Separate fund ” includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus or stock-ownership plan.

2. To the extent that a payment is characterized as interest, a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate the payment to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend or an equivalent payment.

3. If no part of a payment is characterized as interest, a dividend or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not “required to be made” to the extent that it is made because the trustee exercises a right of withdrawal.

4. Except as otherwise provided in subsection 5, the provisions of subsections 6 and 7 apply and the provisions of subsections 2 and 3 do not apply in determining the allocation of a payment made from a separate fund to: (a) A trust to which an election to qualify for a marital deduction under section 2056(b)(7) of the Internal Revenue Code , 26 U.S.C. § 2056(b)(7) , has been made; or (b) A trust that qualifies for the marital deduction under section 2056(b)(5) of the Internal Revenue Code , 26 U.S.C. § 2056(b)(5) .

5. The provisions of subsections 4, 6 and 7 do not apply if and to the extent that the series of payments would, without the application of subsection 4, qualify for the marital deduction under section 2056(b)(7)(C) of the Internal Revenue Code , 26 U.S.C. § 2056(b)(7)(C) .

6. A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to NRS 164.780 to 164.925 , inclusive. Upon request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

7. If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal 4 percent of the value of the fund, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the value of the fund, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under section 7520 of the Internal Revenue Code , 26 U.S.C. § 7520 , for the month preceding the accounting period for which the computation is made.

8. This section does not apply to a payment to which NRS 164.870 applies.
Nev. Rev. Stat. § 159.079 — NV Code / Title 13 / Chapter 159 / Section 159.079
General functions of guardian of person; establishment or change of residence of protected person by guardian
Status: in_force

1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the protected person, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the protected person, including, without limitation, the following: (a) Supplying the protected person with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected person based on the financial situation and needs of the protected person, including, without limitation, any medical needs or needs relating to his or her care. (b) Taking reasonable care of any clothing, furniture, vehicles and other personal effects of the protected person and commencing a proceeding if any property of the protected person is in need of protection. (c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected person. (d) Seeing that the protected person is properly trained and educated and that the protected person has the opportunity to learn a trade, occupation or profession.

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

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

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

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

6. A guardian of the person must file a notice with the court of his or her intent to move a protected person to or place a protected person in a secured residential long-term care facility pursuant to subsection 4 of NRS 159.0807 unless the secured residential long-term care facility is in this State and: (a) An emergency condition exists pursuant to paragraph (a) of subsection 4 of NRS 159.0807 ; (b) The court has previously granted the guardian authority to move the protected person to or place the protected person in such a facility based on findings made when the court appointed the guardian; or (c) The move or placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services.

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

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