Nev. Rev. Stat. § 166.090 — NV Code / Title 13 / Chapter 166 / Section 166.090
Provision for support
Status: in_force

1. Provision for the beneficiary will be for the support, education, maintenance and benefit of the beneficiary alone, and without reference to or limitation by the beneficiary’s needs, station in life, or mode of life, or the needs of any other person, whether dependent upon the beneficiary or not.

2. The existence of a spendthrift trust does not depend on the character, capacity, incapacity, competency or incompetency of the beneficiary.
Nev. Rev. Stat. § 163.050 — NV Code / Title 13 / Chapter 163 / Section 163.050
Trustee buying from or selling to self or affiliate
Status: in_force

1. Except as otherwise provided in subsection 2, no trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of a trustee, except with the prior approval of the court having jurisdiction of the trust estate.

2. If authorized by the trust instrument or consented to by all beneficiaries of the trust, a trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of the trustee.
Nev. Rev. Stat. § 164.420 — NV Code / Title 13 / Chapter 164 / Section 164.420
Dispositive provisions not required; person presented with certification may request excerpts from trust instrument designating trustee
Status: in_force

A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification is presented may require copies of excerpts from any trust instrument which designate the trustee or confer upon him or her the power to act in the pending transaction.
Nev. Rev. Stat. § 159A.1845 — NV Code / Title 13 / Chapter 159A / Section 159A.1845
Appointment of temporary substitute guardian
Status: in_force

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

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

3. The court shall give notice of appointment of a temporary substitute guardian, not later than 5 days after the appointment, to: (a) The protected minor; (b) The affected guardian; and (c) Each parent of the protected minor and any person currently having care or custody of the protected minor.

4. The court may remove a temporary substitute guardian at any time. The temporary substitute guardian shall make any report the court requires.

5. As used in this section, “parent” does not include a person whose parental rights have been terminated.
Nev. Rev. Stat. § 167.090 — NV Code / Title 13 / Chapter 167 / Section 167.090
Petition for accounting by custodian or determination of responsibility by court; delivery of custodial property and records to successor custodian
Status: in_force

1. The minor, if he or she has attained the age of 14 years, or the guardian or legal representative of the minor, an adult member of the minor's family, or a transferor or the legal representative of the transferor may petition the court for: (a) An accounting by the custodian or the legal representative of the custodian; or (b) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property, unless the responsibility has been adjudicated in an action pursuant to NRS 167.085 to which the minor or the legal representative of the minor was a party.

2. A successor custodian may petition the court for an accounting by the predecessor custodian.

3. The court, in a proceeding under this chapter or otherwise, may require or permit the custodian or the legal representative of the custodian to account and, if the custodian is removed, shall so require and order delivery of all custodial property and records to the successor custodian and the execution of all instruments required for the transfer of the custodial property.
Nev. Rev. Stat. § 159.1871 — NV Code / Title 13 / Chapter 159 / Section 159.1871
Appointment of successor guardian immediately or upon designated event
Status: in_force

1. The court at any time may appoint a successor guardian to serve immediately or when a designated event occurs.

2. A person entitled under NRS 159.044 to petition the court to appoint a guardian may petition the court to appoint a successor guardian.

3. A successor guardian appointed to serve when a designated event occurs may act as guardian when: (a) The event occurs; and (b) The successor has taken the official oath and filed a bond as provided in this chapter, and letters of guardianship have been issued.

4. A successor guardian has the predecessor's powers unless otherwise provided by the court.

5. The revocation of letters of guardianship by the court or any other court action to suspend the authority of a guardian may be considered to be a designated event for the purposes of this section if the revocation or suspension of authority is based on the guardian's noncompliance with his or her duties and responsibilities as provided by law.
Nev. Rev. Stat. § 159A.3395 — NV Code / Title 13 / Chapter 159A / Section 159A.3395
Protected minor or attorney entitled to copies of accountings for trust created by or for benefit of protected minor; submission of trust to jurisdiction of court
Status: in_force

A protected minor or his or her attorney is entitled to receive copies of any accountings relating to any trusts created by or for the benefit of the protected minor. A protected minor may submit any trust to the jurisdiction of a court if:

1. The protected minor, his or her spouse, or both the protected minor and his or her spouse are grantors and sole beneficiaries of the income of the trust; or

2. The trust was created at the discretion of or with the consent of a court.
Nev. Rev. Stat. § 159A.205 — NV Code / Title 13 / Chapter 159A / Section 159A.205
Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination
Status: in_force

1. Except as otherwise provided in this section or NRS 127.045 , a parent, without the approval of a court, may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.

2. The appointment of a short-term guardianship is effective for a minor who is 14 years of age or older only if the minor provides written consent to the guardianship.

3. The appointment of a short-term guardian does not affect the rights of the other parent of the minor.

4. A parent shall not appoint a short-term guardian for a minor child if the minor child has another parent: (a) Whose parental rights have not been terminated; (b) Whose whereabouts are known; and (c) Who is willing and able to make and carry out daily child care decisions concerning the minor, unless the other parent of the minor child provides written consent to the appointment.

5. The written instrument appointing a short-term guardian becomes effective immediately upon execution and must include, without limitation: (a) The date on which the guardian is appointed; (b) The name of the parent who appointed the guardian, the name of the minor child for whom the guardian is appointed and the name of the person who is appointed as the guardian; and (c) The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian. The parent and guardian are not required to sign and acknowledge the instrument in the presence of the other.

6. The short-term guardian appointed pursuant to this section serves as guardian of the minor for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.

7. Only one written instrument appointing a short-term guardian for the minor child may be effective at any given time.

8. The appointment of a short-term guardian pursuant to this section: (a) May be terminated by an instrument in writing signed by either parent if that parent has not been deprived of the legal custody of the minor. (b) Is terminated by any order of a court of competent jurisdiction that appoints a guardian.
Nev. Rev. Stat. § 162B.050 — NV Code / Title 13 / Chapter 162B / Section 162B.050
“Impermissible appointee” defined
Status: in_force

“ Impermissible appointee ” means a person that is not a permissible appointee.
Nev. Rev. Stat. § 159.093 — NV Code / Title 13 / Chapter 159 / Section 159.093
Collecting obligations due protected person
Status: in_force

1. A guardian of the estate: (a) Shall demand all debts and other choses in action due to the protected person; and (b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the protected person.

2. A guardian of the estate, with prior approval of the court by order, may compound or compromise any debt or other chose in action due to the protected person and give a release and discharge to the debtor or other obligor.
Nev. Rev. Stat. § 164.798 — NV Code / Title 13 / Chapter 164 / Section 164.798
Administration of unitrust: Powers of trustee; manner of distributions
Status: in_force

1. A trustee of a unitrust may, in the trustee's discretion, determine: (a) The effective date of a conversion to a unitrust; (b) The provisions for prorating a unitrust distribution for a beneficiary whose right to payments commences or ceases during a calendar year; (c) The frequency of unitrust distributions during a calendar year; (d) The effect of other payments from or contributions to the trust on the trust's value; (e) How frequently to value nonliquid assets and whether to estimate the value of nonliquid assets; (f) Whether to omit from the calculations of the trust property occupied or possessed by a beneficiary; and (g) Any other matters necessary for the proper functioning of the unitrust.

2. Expenses which would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution. Unless otherwise provided by the trust instrument, the unitrust distribution must be paid from income. To the extent income is insufficient to pay a distribution, the distribution must be paid from realized short-term capital gains. To the extent income and realized short-term capital gains are insufficient, the distribution must be paid from realized long-term capital gains. To the extent none of these funds are sufficient, the distribution must be paid from the principal of the trust.
Nev. Rev. Stat. § 159.138 — NV Code / Title 13 / Chapter 159 / Section 159.138
Sale of equity of estate in real property of protected person that is subject to mortgage or lien and of property that is subject to mortgage or lien
Status: in_force

1. In the manner required by this chapter for the sale of like property, a guardian may sell: (a) The equity of the estate in any real property that is subject to a mortgage or lien; and (b) The property that is subject to the mortgage or lien.

2. If a claim has been filed upon the debt secured by the mortgage or lien, the court shall not confirm the sale unless the holder of the claim files a signed and acknowledged document which releases the estate from all liability upon the claim.
Nev. Rev. Stat. § 166A.270 — NV Code / Title 13 / Chapter 166A / Section 166A.270
Exemption of third person from liability
Status: in_force

A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining:

1. The validity of the purported custodial trustee's designation;

2. The propriety of, or the authority under this chapter for, any action of the purported custodial trustee;

3. The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or

4. The propriety of the application of property vested in the purported custodial trustee.
Nev. Rev. Stat. § 166.025 — NV Code / Title 13 / Chapter 166 / Section 166.025
Terms: “Writing” or “written”
Status: in_force

As used in this chapter, unless the context otherwise requires, when the term “ writing ” or “ written ” is used in reference to a will, trust or instrument, the term includes an electronic will as defined in NRS 132.119 and an electronic trust as defined in NRS 163.0015 .
Nev. Rev. Stat. § 163.280 — NV Code / Title 13 / Chapter 163 / Section 163.280
Investments without diversification
Status: in_force

A fiduciary may make investments which cause a greater proportion of the total property held by the fiduciary to be invested in investments of one type or of one company than would be considered appropriate for the fiduciary apart from this section.
Nev. Rev. Stat. § 159A.187 — NV Code / Title 13 / Chapter 159A / Section 159A.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 minor pursuant to this section, the protected minor must be served with the petition. If the protected minor does not object to the appointment, the protected minor is not required to attend the hearing.
Nev. Rev. Stat. § 162A.050 — NV Code / Title 13 / Chapter 162A / Section 162A.050
“Electronic” defined
Status: in_force

“ Electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
Nev. Rev. Stat. § 164.895 — NV Code / Title 13 / Chapter 164 / Section 164.895
Allocation from proceeds of collateral financial assets to income and principal; allocation of payments in exchange for interest in asset-backed security to principal or to principal and income
Status: in_force

1. As used in this section, “ asset-backed security ” means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which NRS 164.825 or 164.865 applies.

2. If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payor identifies as being from interest or other current return and shall allocate the balance of the payment to principal.

3. If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal.
Nev. Rev. Stat. § 163.4147 — NV Code / Title 13 / Chapter 163 / Section 163.4147
“Beneficiary” defined
Status: in_force

“ Beneficiary ” means a person that has a present or future beneficial interest in a trust, vested or contingent, but does not include the holder of a power of appointment.
Nev. Rev. Stat. § 166.170 — NV Code / Title 13 / Chapter 166 / Section 166.170
Limitation of actions with respect to transfer of property to trust; certain transfers of property disregarded; limitation of actions against advisers to settlors or trustees and against trustees; transfers to trust
Status: in_force

1. A person may not bring an action with respect to a transfer of property to a spendthrift trust: (a) If the person is a creditor when the transfer is made, unless the action is commenced within: (1) Two years after the transfer is made; or (2) Six months after the person discovers or reasonably should have discovered the transfer, whichever is later. (b) If the person becomes a creditor after the transfer is made, unless the action is commenced within 2 years after the transfer is made.

2. A person shall be deemed to have discovered a transfer at the time a public record is made of the transfer, including, without limitation, the conveyance of real property that is recorded in the office of the county recorder of the county in which the property is located or the filing of a financing statement pursuant to chapters 104 to 104C, inclusive, of NRS.

3. A creditor may not bring an action with respect to transfer of property to a spendthrift trust unless a creditor can prove by clear and convincing evidence that the transfer of property was a fraudulent transfer pursuant to chapter 112 of NRS or that the transfer violates a legal obligation owed to the creditor under a contract or a valid court order that is legally enforceable by that creditor. In the absence of such clear and convincing proof, the property transferred is not subject to the claims of the creditor. Proof by one creditor that a transfer of property was fraudulent or wrongful does not constitute proof as to any other creditor and proof of a fraudulent or wrongful transfer of property as to one creditor shall not invalidate any other transfer of property.

4. If property transferred to a spendthrift trust is conveyed to the settlor or to a beneficiary for the purpose of obtaining a loan secured by a mortgage or deed of trust on the property and then reconveyed to the trust, for the purpose of subsection 1, the transfer is disregarded and the reconveyance relates back to the date the property was originally transferred to the trust. The mortgage or deed of trust on the property shall be enforceable against the trust.

5. A person may not bring a claim against an adviser to the settlor or trustee of a spendthrift trust unless the person can show by clear and convincing evidence that the adviser acted in violation of the laws of this State, knowingly and in bad faith, and the adviser's actions directly caused the damages suffered by the person.

6. A person other than a beneficiary or settlor may not bring a claim against a trustee of a spendthrift trust unless the person can show by clear and convincing evidence that the trustee acted in violation of the laws of this State, knowingly and in bad faith, and the trustee's actions directly caused the damages suffered by the person. As used in this subsection, “ trustee ” includes a cotrustee, if any, and a predecessor trustee.

7. If more than one transfer is made to a spendthrift trust: (a) The subsequent transfer to the spendthrift trust must be disregarded for the purpose of determining whether a person may bring an action pursuant to subsection 1 with respect to a prior transfer to the spendthrift trust; and (b) Any distribution to a beneficiary from the spendthrift trust shall be deemed to have been made from the most recent transfer made to the spendthrift trust.

8. Notwithstanding any other provision of law, no action of any kind, including, without limitation, an action to enforce a judgment entered by a court or other body having adjudicative authority, may be brought at law or in equity against the trustee of a spendthrift trust if, as of the date the action is brought, an action by a creditor with respect to a transfer to the spendthrift trust would be barred pursuant to this section.

9. For purposes of this section, if a trustee exercises his or her discretion or authority to distribute trust income or principal to or for a beneficiary of the spendthrift trust, by appointing the property of the original spendthrift trust in favor of a second spendthrift trust for the benefit of one or more of the beneficiaries as authorized by NRS 163.556 , the time of the transfer for purposes of this section shall be deemed to have occurred on the date the settlor of the original spendthrift trust transferred assets into the original spendthrift trust, regardless of the fact that the property of the original spendthrift trust may have been transferred to a second spendthrift trust.

10. As used in this section: (a) “ Adviser ” means any person, including, without limitation, an accountant, attorney or investment adviser, who gives advice concerning or was involved in the creation of, transfer of property to, or administration of the spendthrift trust or who participated in the preparation of accountings, tax returns or other reports related to the trust. (b) “Creditor” has the meaning ascribed to it in subsection 4 of NRS 112.150 .
Nev. Rev. Stat. § 159.107 — NV Code / Title 13 / Chapter 159 / Section 159.107
Presentment and verification of claims
Status: in_force

Except as provided in NRS 159.105 , all claims against the protected person, the guardianship estate or the guardian of the estate as such shall be presented to the guardian of the estate. Each such claim shall be in writing, shall describe the nature and the amount of the claim, if ascertainable, and shall be accompanied by the affidavit of the claimant, or someone on behalf of the claimant, who has personal knowledge of the fact. The affidavit shall state that within the knowledge of the affiant the amount claimed is justly due, no payments have been made thereon which are not credited and there is no counterclaim thereto, except as stated in the affidavit. If such claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the guardian or the court, upon demand, unless it is lost or destroyed, in which case the fact of its loss or destruction shall be stated in the claim.
Nev. Rev. Stat. § 159.0593 — NV Code / Title 13 / Chapter 159 / Section 159.0593
Determination of whether proposed protected person is prohibited from possessing firearm under federal law
Status: in_force

1. If the court orders a general guardian appointed for a proposed protected person, the court shall determine, by clear and convincing evidence, whether the proposed protected person is a person with a mental defect who is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(d)(4) or (g)(4) . If a court makes a finding pursuant to this section that the proposed protected person is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause, within 5 business days after issuing the order, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

2. As used in this section: (a) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062 . (b) “ Person with a mental defect ” means a person who, as a result of marked subnormal intelligence, mental illness, incapacitation, condition or disease: (1) Is a danger to himself or herself or others; or (2) Lacks the capacity to contract or manage his or her own affairs.
Nev. Rev. Stat. § 164.037 — NV Code / Title 13 / Chapter 164 / Section 164.037
Petitions: Notice and hearing
Status: in_force

Except as otherwise provided in NRS 164.033 , the clerk shall set a petition authorized by this chapter for hearing, and the petitioner shall give notice to all interested persons for the period and in the manner provided in NRS 155.010 . The notice must state the filing of the petition, the object and the time of the hearing. For the purposes of this section, “interested person” means a settlor, trustee, beneficiary or any other person to whom the court directs that notice be given.
Nev. Rev. Stat. § 163.520 — NV Code / Title 13 / Chapter 163 / Section 163.520
Prohibited acts
Status: in_force

1. In the administration of any private foundation trust, split interest trust or charitable trust which is subject to the provisions of the Internal Revenue Code of 1986, as in effect on January 1, 1999, the following acts are prohibited: (a) Engaging in any act or “self-dealing,” as defined in Section 4941(d), which would give rise to any liability for the tax imposed by Section 4941(a); (b) Retaining any “excess business holdings,” as defined in Section 4943(c), which would give rise to any liability for the tax imposed by Section 4943(a); (c) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust within the meaning of Section 4944, so as to give rise to any liability for the tax imposed by Section 4944(a); and (d) Making any “taxable expenditures,” as defined in Section 4945(d), which would give rise to any liability for the tax imposed by Section 4945(a).

2. This section does not apply to those split interest trusts or amounts of such split interest trusts which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947.
Nev. Rev. Stat. § 159A.0487 — NV Code / Title 13 / Chapter 159A / Section 159A.0487
Types of guardians
Status: in_force

Any court of competent jurisdiction may appoint:

1. Guardians of the person, of the estate, or of the person and estate for minors whose home state is this State.

2. Guardians of the person or of the person and estate for minors who, although not residents of this State or whose home state is not this State, are physically present in this State and whose welfare and best interest requires such an appointment pursuant to chapter 125A of NRS .

3. Guardians of the person, of the estate, or of the person and estate for minors if the court otherwise has jurisdiction to make an initial child custody determination pursuant to NRS 125A.305 .

4. Guardians of the estate for nonresident minors who have property within this State.

5. Guardians ad litem.
Nev. Rev. Stat. § 164.677 — NV Code / Title 13 / Chapter 164 / Section 164.677
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

The provisions of NRS 164.640 to 164.680 , inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101 of that Act, 15 U.S.C. § 7001(a) , or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 U.S.C. § 7003(b) .
Nev. Rev. Stat. § 164.790 — NV Code / Title 13 / Chapter 164 / Section 164.790
Allocation of receipt or disbursement to principal when terms of trust and provisions of NRS do not provide rule
Status: in_force

In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of NRS 164.800 to 164.820 , inclusive, a fiduciary shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and NRS 164.780 to 164.925 , inclusive, do not provide a rule for allocating the receipt or disbursement to or between principal and income.
Nev. Rev. Stat. § 165.220 — NV Code / Title 13 / Chapter 165 / Section 165.220
Oaths
Status: in_force

Whenever an oath or affirmation is required of a trustee under this chapter, it may be made in the case of a corporate trustee by an officer of such corporate trustee, and in the case of cotrustees acting jointly by any one of the cotrustees.
Nev. Rev. Stat. § 159.191 — NV Code / Title 13 / Chapter 159 / Section 159.191
Termination of guardianship of person, estate or person and estate; procedure upon death of protected person
Status: in_force

1. Except as otherwise provided in subsection 2, a guardianship of the person is terminated: (a) By the death of the protected person; (b) Upon the change of domicile of the protected person to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or (c) Upon order of the court, if the court determines that the guardianship no longer is necessary.

2. If a court appoints or extends the appointment of a guardian of the person pursuant to NRS 159.343 , the guardianship is terminated on the date on which the protected person reaches 21 years of age, unless the protected person petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159.1905 and the court grants the petition.

3. A guardianship of the estate is terminated: (a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian; (b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or (c) By the death of the protected person, subject to the provisions of NRS 159.193 .

4. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

5. The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected person of the death of the protected person within 30 days after the death.

6. Immediately upon the death of the protected person: (a) The guardian of the estate shall have no authority to act for the protected person except to wind up the affairs of the guardianship pursuant to NRS 159.193 , and to distribute the property of the protected person as provided in NRS 159.195 and 159.197 ; and (b) No person has standing to file a petition pursuant to NRS 159.078 .
Nev. Rev. Stat. § 160.060 — NV Code / Title 13 / Chapter 160 / Section 160.060
Evidence of necessity for guardian for minor
Status: in_force

If a petition is filed for the appointment of a guardian of a minor ward, a certificate of the Secretary or a representative of the Secretary, setting forth the age of such minor as shown by the records of the Department of Veterans Affairs and the fact that the appointment of a guardian is a condition precedent to the payment of any money due the minor by the Department of Veterans Affairs, constitutes prima facie evidence of the necessity for such appointment.
Nev. Rev. Stat. § 159A.184 — NV Code / Title 13 / Chapter 159A / Section 159A.184
Accounting by certain care providers
Status: in_force

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

1. On a quarterly basis; and

2. At any other time, upon the request of the guardian.
Nev. Rev. Stat. § 159A.081 — NV Code / Title 13 / Chapter 159A / Section 159A.081
Reports by guardian of person
Status: in_force

1. A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the protected minor and the exercise of authority and performance of duties by the guardian: (a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian; (b) Within 10 days after changing the residence of a protected minor; and (c) At such other times as the court may order.

2. A report filed pursuant to paragraph (b) of subsection 1 must: (a) Include a copy of the written recommendation upon which the transfer was made; and (b) Be served, without limitation, on the protected minor and any attorney for the protected minor.

3. The court may prescribe the form and contents for filing a report described in subsection 1. Such a report must include, without limitation: (a) The physical condition of the protected minor; (b) The place of residence of the protected minor; (c) The name of all other persons living with the protected minor unless the protected minor is residing at a secured residential long-term care facility, group home, supportive living facility, assisted living facility or other facility for long-term care; and (d) Any other information required by the court.

4. The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court.

5. The court is not required to hold a hearing or enter an order regarding the report.

6. As used in this section, “ facility for long-term care ” has the meaning ascribed to it in NRS 427A.028 .
Nev. Rev. Stat. § 162A.450 — NV Code / Title 13 / Chapter 162A / Section 162A.450
Grant of specific authority
Status: in_force

1. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (a) Create, amend, revoke or terminate an inter vivos trust; (b) Make a gift; (c) Create or change rights of survivorship; (d) Create or change a beneficiary designation; (e) Delegate authority granted under the power of attorney; (f) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (g) Exercise fiduciary powers that the principal has authority to delegate; or (h) Disclaim property, including a power of appointment.

2. Notwithstanding a grant of authority to do an act described in subsection 1, unless the power of attorney otherwise provides, an agent that is not a spouse of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.
Nev. Rev. Stat. § 163.340 — NV Code / Title 13 / Chapter 163 / Section 163.340
Exercise of options, rights and privileges
Status: in_force

A fiduciary may:

1. Exercise all options, rights and privileges to convert stocks, bonds, debentures, notes, mortgages or other property into other stocks, bonds, debentures, notes, mortgages or other property;

2. Subscribe for other or additional stocks, bonds, debentures, notes, mortgages or other property; and

3. Hold such stocks, bonds, debentures, notes, mortgages or other property so acquired as investments of the estate or trust so long as the fiduciary deems advisable.
Nev. Rev. Stat. § 164.950 — NV Code / Title 13 / Chapter 164 / Section 164.950
Distribution by trustee of community property in nontestamentary trust established by married settlors
Status: in_force

1. If two settlors who are married establish a nontestamentary trust jointly, and the trust provides for the pecuniary or fractional division of the community property held by the settlors upon the death of one of the settlors, the trustee has the authority to distribute the community property unless the trust instrument expressly provides otherwise. The trustee may distribute the community property on a non-pro rata basis so long as the fair market value of the distribution is, at the time of the distribution, the same as if the distribution were made pro rata. The provisions of this section do not affect the distribution of assets that are specifically allocated in the trust instrument to be distributed in kind.

2. As used in this section, “ nontestamentary trust ” has the meaning ascribed to it in NRS 163.0016 .
Nev. Rev. Stat. § 166.070 — NV Code / Title 13 / Chapter 166 / Section 166.070
Principles enumerated in NRS 166.080 to 166.150, inclusive
Status: in_force

Unless the writing shall declare to the contrary, expressly, the construction, operation and enforcement of all spendthrift trusts, heretofore or hereafter created in this state, shall be governed by the principles stated in NRS 166.080 to 166.150 , inclusive, to the same effect as if they were written therein.
Nev. Rev. Stat. § 164.710 — NV Code / Title 13 / Chapter 164 / Section 164.710
Administration of trust or estate by fiduciary in accordance with its terms or in accordance with provisions of NRS
Status: in_force

In performing his or her duties under NRS 164.700 to 164.925 , inclusive, a fiduciary:

1. Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in NRS 164.700 to 164.925 , inclusive;

2. May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by NRS 164.700 to 164.925 , inclusive; and

3. Shall administer a trust or estate in accordance with NRS 164.700 to 164.925 , inclusive, if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration.
Nev. Rev. Stat. § 165.1204 — NV Code / Title 13 / Chapter 165 / Section 165.1204
Applicability to nontestamentary trusts; general duties of trustee
Status: in_force

1. The trustee of a nontestamentary trust has a duty to account for the trust estate in accordance with the provisions of NRS 165.1201 to 165.148 , inclusive.

2. The trustee of a nontestamentary trust shall satisfy the duty to account by delivery of an account in the form, manner and to the persons as required by the terms and conditions stated in the trust instrument.
Nev. Rev. Stat. § 163.530 — NV Code / Title 13 / Chapter 163 / Section 163.530
Minimum distribution required
Status: in_force

In the administration of any trust which is a private foundation trust or a charitable trust, there shall be distributed for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a).
Nev. Rev. Stat. § 162B.410 — NV Code / Title 13 / Chapter 162B / Section 162B.410
Authority to release
Status: in_force

A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
Nev. Rev. Stat. § 166A.300 — NV Code / Title 13 / Chapter 166A / Section 166A.300
Expenses, compensation and bond of custodial trustee
Status: in_force

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary or by court order, a custodial trustee:

1. Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;

2. Has a noncumulative election, to be made no later than 6 months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and

3. Need not furnish a bond or other security for the faithful performance of fiduciary duties.
Nev. Rev. Stat. § 159.1905 — NV Code / Title 13 / Chapter 159 / Section 159.1905
Petition for termination or modification; appointment of attorney to represent protected person; burden of proof; issuance of citation; penalties for not filing petition in good faith
Status: in_force

1. A protected person, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain: (a) The name and address of the petitioner. (b) The relationship of the petitioner to the protected person. (c) The name, age and address of the protected person, if the protected person is not the petitioner, or the date of death of the protected person if the protected person is deceased. (d) The name and address of the guardian, if the guardian is not the petitioner. (e) The reason for termination or modification. (f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate. (g) A general description and the value of the remaining property of the protected person and the proposed disposition of that property.

2. Upon the filing of the petition, the court shall appoint an attorney to represent the protected person if: (a) The protected person is unable to retain an attorney; or (b) The court determines that the appointment is necessary to protect the interests of the protected person.

3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.

4. The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.

5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected person, the court may: (a) Disallow the petitioner from petitioning the court for attorney's fees from the estate of the protected person; and (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected person and associated with the petition.
Nev. Rev. Stat. § 163.5543 — NV Code / Title 13 / Chapter 163 / Section 163.5543
“Investment trust adviser” defined
Status: in_force

“ Investment trust adviser ” means a fiduciary given authority by the instrument to exercise any or all of the powers and discretion set forth in NRS 163.5557 .
Nev. Rev. Stat. § 159.167 — NV Code / Title 13 / Chapter 159 / Section 159.167
Special sale of property of protected person or surrender of interest therein
Status: in_force

1. A guardian of the estate, with prior approval of the court, may accept an offer for the purchase of the interest or estate of the protected person, in real or personal property or both real and personal property, where it appears from the petition and the court determines that: (a) The interest or estate of the protected person in such property is an interest in a partnership, joint venture or closely held corporation, in which the offeror or offerors own the remaining interests in the partnership, joint venture or closely held corporation, or are offering to purchase such remaining interests. (b) The interest or estate of the protected person in such property is an undivided interest in property in which the offeror or offerors own the remaining interests in such property or are offering to purchase such remaining interests. (c) The interest or estate of the protected person to be sold or granted is an easement in or creates a servitude upon the property of the protected person.

2. A guardian of the estate, with prior approval of the court, may accept an offer to surrender the interest or estate of the protected person in real or personal property or both real and personal property, where it appears from the petition and the court determines that: (a) The interest or estate of the protected person is contingent or dubious. (b) The interest or estate of the protected person in such property is a servitude upon the property of another.
Nev. Rev. Stat. § 162A.310 — NV Code / Title 13 / Chapter 162A / Section 162A.310
Duties of agent
Status: in_force

1. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (b) Act in good faith; and (c) Act only within the scope of authority granted in the power of attorney.

2. Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (a) Act loyally for the principal's benefit; (b) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (c) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances; (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal; (e) Cooperate with a person that has authority to make health care decisions for the principal; and (f) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including: (1) The value and nature of the principal's property; (2) The principal's foreseeable obligations and need for maintenance; (3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer and gift taxes; and (4) Eligibility for a benefit, a program or assistance under a statute or regulation.

3. An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.

4. An agent that acts with care, competence and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

5. If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence and diligence under the circumstances.

6. Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.

7. An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment or default of that person if the agent exercises care, competence and diligence in selecting and monitoring the person.

8. Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements or transactions conducted on behalf of the principal unless ordered by a court, or requested by the principal, a guardian or other fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
Nev. Rev. Stat. § 163.300 — NV Code / Title 13 / Chapter 163 / Section 163.300
Management of real property
Status: in_force

In the management of real property a fiduciary may:

1. Improve, manage, protect and subdivide any real property;

2. Dedicate or withdraw from dedication parks, streets, highways or alleys;

3. Terminate any subdivision or part thereof;

4. Borrow money for the purposes authorized by this section for such periods of time and upon such terms and conditions as to rates, maturities and renewals as the fiduciary deems advisable and mortgage or otherwise encumber any such property or part thereof, whether in possession or reversion;

5. Lease any such property or part thereof to commence at the present or in the future, upon such terms and conditions, including options to renew or purchase, and for such period or periods of time as the fiduciary deems advisable although such period or periods may extend beyond the duration of the trust or the administration of the estate involved;

6. Make gravel, sand, oil, gas and other mineral leases, contracts, licenses, conveyances or grants of every nature and kind which are lawful in the jurisdiction in which such property lies;

7. Manage and improve timber and forests on such property, sell the timber and forest products, and make grants, leases and contracts with respect thereto;

8. Modify, renew or extend leases;

9. Employ agents to rent and collect rents;

10. Create easements and release, convey or assign any right, title or interest with respect to any easement on such property or part thereof;

11. Erect, repair or renovate any building or other improvement on such property, and remove or demolish any building or other improvement in whole or in part; and

12. Deal with any such property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with such property either in the same or in different ways from those specified elsewhere in this section.
Nev. Rev. Stat. § 163.130 — NV Code / Title 13 / Chapter 163 / Section 163.130
Exoneration or reimbursement of trustee for tort
Status: in_force

1. A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if the trustee has not discharged the claim, or to be reimbursed therefor out of trust funds if the trustee has paid the claim, if: (a) The tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust; (b) Although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability; or (c) The trust instrument authorizes the exoneration or reimbursement of a trustee and the actions of the trustee did not constitute willful misconduct or gross negligence.

2. If a trustee commits a tort which increases the value of the trust property, the trustee shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though the trustee would not otherwise be entitled to exoneration or reimbursement.

3. Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.
Nev. Rev. Stat. § 163.5553 — NV Code / Title 13 / Chapter 163 / Section 163.5553
Powers of trust protector
Status: in_force

1. A trust protector may exercise the powers provided to the trust protector in the instrument subject to the terms and provisions in the instrument. The powers exercised by a trust protector are at the sole discretion of the trust protector and are binding on all other persons. The powers granted to a trust protector may include, without limitation, the power to: (a) Modify or amend the instrument to achieve a more favorable tax status or to respond to changes in federal or state law. (b) Modify or amend the instrument to take advantage of changes in the rule against perpetuities, restraints on alienation or other state laws restricting the terms of a trust, the distribution of trust property or the administration of the trust. (c) Increase or decrease the interests of any beneficiary under the trust. (d) Modify the terms of any power of appointment granted by the trust. A modification or amendment may not grant a beneficial interest to a person which was not specifically provided for under the trust instrument. (e) Remove and appoint a trustee, trust adviser, investment committee member or distribution committee member. (f) Terminate the trust. (g) Direct or veto trust distributions. (h) Change the location or governing law of the trust. (i) Appoint a successor trust protector or trust adviser. (j) Interpret terms of the instrument at the request of the trustee. (k) Advise the trustee on matters concerning a beneficiary. (l) Review and approve a trustee's reports or accounting.

2. The powers provided pursuant to subsection 1 may be incorporated by reference to this section at the time a testator executes a will or a settlor signs a trust instrument. The powers provided pursuant to subsection 1 may be incorporated in whole or in part.

3. Unless otherwise provided in the trust instrument, the powers of the trust protector shall be considered fiduciary in nature. The trust instrument may define the scope and extent of a fiduciary standard applicable to the exercise of any power of the trust protector, including, without limitation, reducing or relieving the trust protector of a fiduciary duty.
Nev. Rev. Stat. § 166A.160 — NV Code / Title 13 / Chapter 166A / Section 166A.160
“Transferor” defined
Status: in_force

“ Transferor ” means a person who creates a custodial trust by transfer or declaration.
Nev. Rev. Stat. § 159.1853 — NV Code / Title 13 / Chapter 159 / Section 159.1853
Petition for removal
Status: in_force

1. The following persons may petition the court to have a guardian removed: (a) The protected person; (b) The spouse of the protected person; (c) Any relative who is within the second degree of consanguinity to the protected person; (d) A public guardian; or (e) Any other interested person.

2. The petition must: (a) State with particularity the reasons for removing the guardian; and (b) Show cause for the removal.

3. If the court denies the petition for removal, the petitioner shall not file a subsequent petition unless a material change of circumstances warrants a subsequent petition.

4. If the court finds that the petitioner did not file a petition for removal in good faith or in furtherance of the best interests of the protected person, the court may: (a) Disallow the petitioner from petitioning the court for attorney's fees from the estate of the protected person; and (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses incurred by the estate of the protected person in responding to the petition and for any other pecuniary losses which are associated with the petition.
Nev. Rev. Stat. § 159.037 — NV Code / Title 13 / Chapter 159 / Section 159.037
Venue for appointment of guardian
Status: in_force

1. The venue for the appointment of a guardian when the home state of the proposed protected person is this State must be the county where the proposed protected person resides.

2. If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.

3. Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.
Nev. Rev. Stat. § 165.020 — NV Code / Title 13 / Chapter 165 / Section 165.020
Definitions; applicability of chapter
Status: in_force

1. As used in this chapter: (a) “ Account ” means a report of the financial condition of the trust estate prepared by a trustee which: (1) Must include the information set forth in NRS 165.135 ; and (2) May include information required by court order, the terms of the trust instrument or NRS 165.1201 to 165.148 , inclusive. (b) “ Accounting period ” means the period for which the trustee is accounting and, except as otherwise provided in this chapter, commencing with the first day following the previous accounting period and ending on the date specified by the trustee or on the date specified by the court if the account is ordered by the court. If the account is an initial account, the initial account commences on the day the trustee became the trustee. (c) “ Broad power of appointment ” means a power of appointment held by a person, commonly referred to as a power holder, that can be exercised in favor of: (1) The power holder, without any restriction or limitation; or (2) Any person other than one or more of the following: (I) The power holder; (II) The power holder's estate; (III) The power holder's creditors; or (IV) The creditors of the power holder's estate. (d) “ Current beneficiary ” means a distribution beneficiary to whom or for whose benefit the trustee is authorized or required to make distributions of income or principal at any time during the accounting period. (e) “ Distribution beneficiary ” has the meaning ascribed to it in NRS 163.415 . (f) “ Remainder beneficiary ” means a beneficiary who will become a current beneficiary upon the death of an existing current beneficiary or upon the occurrence of some other event that may occur during the beneficiary's lifetime, regardless of whether the beneficiary's share is subject to elimination, but has not been eliminated, under a power of appointment other than a broad power of appointment. (g) “ Remote beneficiary ” means a natural person or an entity whose interest in the trust estate is preceded by the priority interest of one or more current beneficiaries and one or more remainder beneficiaries, all of whose interests must be extinguished by death or pursuant to the terms of the trust instrument before the remote beneficiary may become a current beneficiary. (h) “ Settlor ” means the creator of a testamentary as well as a nontestamentary trust. The term includes a trustor and a grantor. (i) “ Successor trustee ” means a successor to the acting trustee or substitute trustee named or appointed to succeed a predecessor trustee who has not yet assumed the role of trustee. Upon assuming the role, the successor trustee must thereafter be referred to as the trustee. (j) “ Testamentary trustee ” means a trustee serving under a trust created by a will of a testator domiciled in this state at the time of the testator's death, whose will has been admitted to probate in this state, whether the trustee was appointed by the testator or by a court or other authority. (k) “ Trust ” means: (1) A trust as defined in NRS 163.020 ; (2) A testamentary trust as defined in NRS 163.0018 ; and (3) A nontestamentary trust as defined in NRS 163.0016 . (l) “ Trustee ” includes a nontestamentary trustee, a testamentary trustee and a corporate trustee, as well as a natural person. The term does not include a successor or substitute trustee, until the successor trustee or substitute trustee assumes the role of acting trustee.

2. This chapter does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, trusts created by judgment or decree of a federal court or a state court other than the district court acting in probate matters, liquidation trusts, or trust for the sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions.
Nev. Rev. Stat. § 163.001 — NV Code / Title 13 / Chapter 163 / Section 163.001
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 163.0011 to 163.00185 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 159.1495 — NV Code / Title 13 / Chapter 159 / Section 159.1495
Fraudulent sale of real property of protected person by guardian
Status: in_force

A guardian who fraudulently sells any real property of a protected person in a manner inconsistent with the provisions of this chapter is liable for double the value of the property sold, as liquidated damages, to be recovered in an action by or on behalf of the protected person.
Nev. Rev. Stat. § 159.132 — NV Code / Title 13 / Chapter 159 / Section 159.132
Property of protected person subject to sale
Status: in_force

1. Any interest of a protected person in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.

2. The interest of a protected person in a partnership or limited-liability company may be sold as personal property, and another partner or member may be the purchaser.
Nev. Rev. Stat. § 164.015 — NV Code / Title 13 / Chapter 164 / Section 164.015
Petition concerning internal affairs of nontestamentary trust; jurisdiction of court; procedure for contests of certain trusts; final order; appeal
Status: in_force

1. The court has exclusive jurisdiction of proceedings initiated by the petition of an interested person concerning the internal affairs of a nontestamentary trust, including a revocable living trust while the settlor is still living if the court determines that the settlor cannot adequately protect his or her own interests or if the interested person shows that the settlor is incompetent or susceptible to undue influence. Proceedings which may be maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts, including petitions with respect to a nontestamentary trust for any appropriate relief provided with respect to a testamentary trust in NRS 153.031 and petitions for a ruling that property not formally titled in the name of a trust or its trustee constitutes trust property pursuant to NRS 163.002 .

2. A petition under this section or subsection 2 of NRS 30.040 that relates to a trust may be filed in conjunction with a petition under NRS 164.010 or at any time after the court has assumed jurisdiction under that section.

3. If an interested person contests the validity of a revocable nontestamentary trust, the interested person is the plaintiff and the trustee is the defendant. The written grounds for contesting the validity of the trust constitutes a pleading and must conform with any rules applicable to pleadings in a civil action. This subsection applies whether the person contesting the validity of the trust is the petitioner or the objector and whether or not the opposition to the validity of the trust is asserted under this section or subsection 2 of NRS 30.040 .

4. In a proceeding pursuant to subsection 3, the competency of the settlor to make the trust, the freedom of the settlor from duress, menace, fraud or undue influence at the time of execution of the will, the execution and attestation of the trust instrument, or any other question affecting the validity of the trust is a question of fact and must be tried by the court, subject to the provisions of subsection 5.

5. A court may consolidate the cases if there is a contest of a revocable nontestamentary trust and a contest relating to a will executed on the same date. If a jury is demanded pursuant to NRS 137.020 for the contest of the will, the court may instruct the jury to render an advisory opinion with respect to an issue of fact pursuant to subsection 4 in the contest of the trust.

6. Upon the hearing, the court shall enter such order as it deems appropriate. The order is final and conclusive as to all matters determined and is binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal 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 may be taken from the order within 30 days after notice of its entry by filing notice of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of record. If the proceeding was brought pursuant to subsection 3, 4 or 5, the court must also award costs pursuant to chapter 18 of NRS.

7. Except as otherwise ordered by the court, a proceeding under this section does not result in continuing supervisory proceedings, and the administration of the trust must proceed expeditiously in a manner consistent with the terms of the trust, without judicial intervention or the order, approval or other action of any court, unless the jurisdiction of the court is invoked by an interested person or exercised as provided by other law.

8. As used in this section, “ nontestamentary trust ” has the meaning ascribed to it in NRS 163.0016 .
Nev. Rev. Stat. § 162.210 — NV Code / Title 13 / Chapter 162 / Section 162.210
Nonliability of corporation and transfer agent
Status: in_force

A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by NRS 162.150 to 162.250 , inclusive.
Nev. Rev. Stat. § 159.087 — NV Code / Title 13 / Chapter 159 / Section 159.087
Recording letters of guardianship
Status: in_force

1. Not later than 60 days after the date of the appointment of a guardian of the estate, the guardian shall record, or cause to be recorded, in the office of the recorder of each county in which real property of the protected person is located, a copy, certified by the clerk of the court, of the letters of guardianship.

2. The guardian shall attach, or cause to be attached, to the copy of the letters of guardianship recorded pursuant to subsection 1 a cover sheet containing: (a) The name, address and telephone number of the guardian; (b) The assessor's parcel number and the address of the real property of the protected person; and (c) If the estate of the protected person includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.

3. As used in this section: (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113 . (b) “Mobile home” has the meaning ascribed to it in NRS 489.120 .
Nev. Rev. Stat. § 159A.183 — NV Code / Title 13 / Chapter 159A / Section 159A.183
Compensation and expenses of guardian
Status: in_force

1. Subject to the discretion and approval of the court and except as otherwise provided in subsection 5, a guardian must be allowed: (a) Reasonable compensation for the guardian's services; (b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and (c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.

2. Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider: (a) The nature of the guardianship; (b) The type, duration and complexity of the services required; and (c) Any other relevant factors.

3. In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the protected minor. In evaluating the ability of a protected minor to pay such compensation and expenses, the court may consider: (a) The nature, extent and liquidity of the protected minor's assets; (b) The disposable net income of the protected minor; (c) Any foreseeable expenses; and (d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159A.079 or 159A.083 .

4. Any compensation or expenses, including, without limitation, attorney's fees, must not be paid from the estate of the protected minor unless and until the payment of such fees is approved by the court pursuant to this section or NRS 159A.344 , as applicable.

5. A guardian is not allowed compensation or expenses, including, without limitation, attorney’s fees, for services incurred by the guardian as a result of a petition to have him or her removed as guardian if the court removes the guardian.
Nev. Rev. Stat. § 160.190 — NV Code / Title 13 / Chapter 160 / Section 160.190
Uniformity of interpretation
Status: in_force

This chapter shall 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. § 159.025 — NV Code / Title 13 / Chapter 159 / Section 159.025
“Proposed protected person” defined
Status: in_force

“ Proposed protected person ” means any person, other than a minor, for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initiated in another state.
Nev. Rev. Stat. § 164.855 — NV Code / Title 13 / Chapter 164 / Section 164.855
Allocation of proceeds of life insurance policy and certain contracts to principal; allocation of dividends on insurance policy to income or principal
Status: in_force

1. Except as otherwise provided in this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal.

2. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to NRS 164.835 , loss of profits from a business.

3. This section does not apply to a contract to which NRS 164.865 applies.
Nev. Rev. Stat. § 164.875 — NV Code / Title 13 / Chapter 164 / Section 164.875
Allocation of receipts from interest in minerals to income or to income and principal; allocation of receipts from interest in water to income or to income and principal; applicability
Status: in_force

1. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows: (a) If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income. (b) If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal. (c) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, 90 percent must be allocated to principal and the balance to income. (d) If an amount is received from a working interest or any other interest not provided for in paragraph (a), (b) or (c), 90 percent of the net amount received must be allocated to principal and the balance to income.

2. An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90 percent of the amount must be allocated to principal and the balance to income.

3. NRS 164.780 to 164.925 , inclusive, apply whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.

4. If a trust owns an interest in minerals, water or other natural resources on October 1, 2003, the trustee may allocate receipts from the interest as provided in NRS 164.780 to 164.925 , inclusive, or in the manner used by the trustee before October 1, 2003. If the trust acquires an interest in minerals, water or other natural resources after October 1, 2003, the trustee shall allocate receipts from the interest as provided in NRS 164.780 to 164.925 , inclusive.
Nev. Rev. Stat. § 159.142 — NV Code / Title 13 / Chapter 159 / Section 159.142
Sale of interest of protected person in real property owned jointly with one or more persons
Status: in_force

1. If a protected person owns real property jointly with one or more other persons, after the court grants authority to sell the property, the interest owned by the protected person may be sold to one or more joint owners of the property only if: (a) All joint owners of the property have been given notice that the court has granted the authority to sell the property; (b) The guardian files a petition with the court to confirm the sale pursuant to NRS 159.134 ; and (c) The court confirms the sale.

2. The court shall confirm the sale only if: (a) The net amount of the proceeds from the sale to the estate of the protected person is not less than 90 percent of the fair market value of the portion of the property to be sold; and (b) Upon confirmation, the estate of the protected person will be released from all liability for any mortgage or lien on the property.
Nev. Rev. Stat. § 159.337 — NV Code / Title 13 / Chapter 159 / Section 159.337
Burden of proof
Status: in_force

In a proceeding held pursuant to NRS 159.331 to 159.338 , inclusive:

1. The guardian has the burden of proof if he or she: (a) Petitions the court to restrict the ability of a relative or person of natural affection to communicate, visit or interact with a protected person pursuant to subsection 1 of NRS 159.333 ; (b) Petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333 ; or (c) Opposes a petition filed pursuant to NRS 159.335 .

2. A relative or person of natural affection has the burden of proof if he or she petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333 .
Nev. Rev. Stat. § 163.265 — NV Code / Title 13 / Chapter 163 / Section 163.265
Retention of property
Status: in_force

A fiduciary may retain for such time as the fiduciary deems advisable any property, real or personal, which the fiduciary may receive, even though the retention of such property by reason of its character, amount, proportion to the total estate or otherwise would not be appropriate for the fiduciary apart from this provision.
Nev. Rev. Stat. § 166A.230 — NV Code / Title 13 / Chapter 166A / Section 166A.230
General duties of custodial trustee
Status: in_force

1. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

2. If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee 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 law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.

3. Subject to subsection 2, a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.

4. A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: “as custodial trustee for _____ (name of beneficiary) under the Nevada Uniform Custodial Trust Act.”

5. A custodial trustee shall keep records of all transactions with respect to custodial trust property, including, without limitation, information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

6. The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
Nev. Rev. Stat. § 159A.111 — NV Code / Title 13 / Chapter 159A / Section 159A.111
Recourse of claimant when claim rejected or not acted upon
Status: in_force

1. If, not later than 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may: (a) File a petition for approval of the rejected claim in the guardianship proceeding for summary determination by the court; or (b) Commence an action or suit on the claim against the guardian in the guardian's fiduciary capacity and any judgment or decree obtained must be satisfied only from property of the protected minor.

2. If a claimant files a request for approval of a rejected claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice that he or she has filed such a request on the guardian.

3. Not later than 20 days after the date of service, the guardian may serve notice of objection to summary determination on the claimant. If the guardian serves the claimant with notice and files a copy of the notice with the court, the court shall not enter a summary determination and the claimant may commence an action or suit on the claim against the guardian in the guardian's fiduciary capacity as provided in subsection 1.

4. If the guardian fails to serve the claimant with notice of objection to summary determination or file a copy of the notice with the court, the court shall: (a) Hear the matter and determine the claim or like claim in a summary manner; and (b) Enter an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from the order.
Nev. Rev. Stat. § 166A.170 — NV Code / Title 13 / Chapter 166A / Section 166A.170
“Trust company” defined
Status: in_force

“ Trust company ” means a financial institution, corporation or other legal entity, authorized to exercise general trust powers.
Nev. Rev. Stat. § 159A.0595 — NV Code / Title 13 / Chapter 159A / Section 159A.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 159A.061 ; (2) Has a license issued pursuant to chapter 628B of NRS , unless the entity is not required to have such a license pursuant to subsection 2; and (3) Has a private professional guardian who meets the requirements set forth in paragraph (a) involved in the day-to-day operation or management of the entity.

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

3. As used in this section: (a) “ Certified guardian ” means a person who is certified by the Center for Guardianship Certification or any successor organization. (b) “ Entity ” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.
Nev. Rev. Stat. § 159A.093 — NV Code / Title 13 / Chapter 159A / Section 159A.093
Collecting obligations due protected minor; order for payment of support of protected minor; notice
Status: in_force

1. A guardian of the estate: (a) Shall demand all debts and other choses in action due to the protected minor; and (b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the protected minor.

2. A guardian of the estate, with prior approval of the court by order, may compound or compromise any debt or other chose in action due to the protected minor and give a release and discharge to the debtor or other obligor.

3. A guardian of the person: (a) May obtain an order which requires one or both parents of the protected minor to pay the guardian an amount determined by the court pursuant to NRS 125B.080 for the support of the protected minor. (b) Shall give notice to the court of the entry of an order for the payment of the support of the protected minor or the approval of any public assistance for the protected minor not later than 30 days after the entry of the order or the approval of public assistance. The guardian shall file a copy of the order of support or document which evidences approval of public assistance with the notice which is filed with the court.
Nev. Rev. Stat. § 162B.210 — NV Code / Title 13 / Chapter 162B / Section 162B.210
Nontransferability
Status: in_force

A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
Nev. Rev. Stat. § 159.1995 — NV Code / Title 13 / Chapter 159 / Section 159.1995
Cooperation with other courts
Status: in_force

1. In a guardianship proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state; (c) Order that an evaluation or assessment be made of the protected person; (d) Order any appropriate investigation of a person involved in a proceeding; (e) Forward to the court of this State a certified copy of the transcript or other record of a hearing under paragraph (a) or any other proceeding, any evidence otherwise produced under paragraph (b), and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d); (f) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the proposed protected person, the protected person or the person who is incapacitated; and (g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state relating to the protected person or proposed protected person, including protected health information as defined in 45 C.F.R. § 160.103 .

2. If a court of another state in which a guardianship or conservatorship proceeding is pending requests assistance of the kind provided in subsection 1, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Nev. Rev. Stat. § 167.095 — NV Code / Title 13 / Chapter 167 / Section 167.095
Transfer by custodian to minor
Status: in_force

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:

1. The minor's attainment of 18 years of age with respect to custodial property transferred under NRS 167.023 , 167.025 , 167.027 or 167.029 , or the age provided for under NRS 167.034 , whichever is later; or

2. The minor's death.
Nev. Rev. Stat. § 158.100 — NV Code / Title 13 / Chapter 158 / Section 158.100
“Domestic partners” defined
Status: in_force

“ Domestic partners ” has the meaning ascribed to it in NRS 122A.030 .
Nev. Rev. Stat. § 162B.530 — NV Code / Title 13 / Chapter 162B / Section 162B.530
Creditor claim: Nongeneral power
Status: in_force

1. Except as otherwise provided in subsections 2 and 3, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.

2. Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of any provision of chapter 112 of NRS.

3. If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of NRS 162B.500 to 162B.530 , inclusive, as a general power.
Nev. Rev. Stat. § 162A.360 — NV Code / Title 13 / Chapter 162A / Section 162A.360
Acceptance of and reliance upon acknowledged power of attorney
Status: in_force

1. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under NRS 162A.220 that the signature is genuine.

2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.

3. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney; (b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

4. An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than 10 business days after the power of attorney is presented for acceptance. If the request is made more than 10 business days after presentation of the power of attorney, the party requesting the translation shall pay for the translation.

5. For purposes of this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
Nev. Rev. Stat. § 162C.045 — NV Code / Title 13 / Chapter 162C / Section 162C.045
“Electronic” defined
Status: in_force

“ Electronic ” has the meaning ascribed to it in NRS 162A.050 .
Nev. Rev. Stat. § 162A.740 — NV Code / Title 13 / Chapter 162A / Section 162A.740
“Health care facility” defined
Status: in_force

“ Health care facility ” includes:

1. Any medical facility as defined in NRS 449.0151 ; and

2. Any facility for the dependent as defined in NRS 449.0045 .
Nev. Rev. Stat. § 159A.0145 — NV Code / Title 13 / Chapter 159A / Section 159A.0145
“Citation” defined
Status: in_force

“ Citation ” means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself or herself in a specified way, or notifying a person of a hearing.
Nev. Rev. Stat. § 159A.113 — NV Code / Title 13 / Chapter 159A / Section 159A.113
Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition
Status: in_force

1. Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to: (a) Invest the property of the protected minor pursuant to NRS 159A.117 . (b) Borrow money for the protected minor pursuant to NRS 159A.121 . (c) Except as otherwise provided in NRS 159A.079 , enter into contracts for the protected minor or complete the performance of contracts of the protected minor pursuant to NRS 159A.123 . (d) Make gifts from the protected minor's estate pursuant to NRS 159A.125 . (e) Sell, lease or place in trust any property of the protected minor pursuant to NRS 159A.127 . (f) Exchange or partition the protected minor's property pursuant to NRS 159A.175 . (g) Exercise or release the power of the protected minor as a donee of a power of appointment. (h) Exercise the right of the protected minor to take under or against a will. (i) Transfer to a trust created by the protected minor any property unintentionally omitted from the trust. (j) Submit a revocable trust or an irrevocable trust to the jurisdiction of the court if: (1) The protected minor is the grantor and sole beneficiary of the income of the trust; or (2) The trust was created by the court. (k) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the protected minor. (l) Transfer money in a protected minor's blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140 .

2. Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to: (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the protected minor's property. (b) Take any other action which the guardian deems would be in the best interests of the protected minor.

3. The petition must be signed by the guardian and contain: (a) The name, age, residence and address of the protected minor. (b) A concise statement as to the condition of the protected minor's estate. (c) A concise statement as to the advantage to the protected minor of or the necessity for the proposed action. (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

4. Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

5. A petition filed pursuant to paragraph (c) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to enter contracts for the protected minor or complete contracts of the protected minor.
Nev. Rev. Stat. § 160.010 — NV Code / Title 13 / Chapter 160 / Section 160.010
Short title
Status: in_force

This chapter may be cited as the Uniform Veterans' Guardianship Act.
Nev. Rev. Stat. § 163.270 — NV Code / Title 13 / Chapter 163 / Section 163.270
Sale, exchange or other disposition of property
Status: in_force

1. A fiduciary may: (a) Sell, exchange, give options upon, partition or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, with or without order of court, at public or private sale or otherwise, upon such terms and conditions, including credit, and for such consideration as the fiduciary deems advisable. (b) Transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple, absolute or otherwise, free of all trust.

2. The person dealing with the fiduciary has no duty to follow the proceeds or other consideration received by the fiduciary from such sale or exchange.
Nev. Rev. Stat. § 159.062 — NV Code / Title 13 / Chapter 159 / Section 159.062
Guardian nominated by will
Status: in_force

A parent or spouse of a person who is incapacitated or person of limited capacity may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.
Nev. Rev. Stat. § 163.350 — NV Code / Title 13 / Chapter 163 / Section 163.350
Reduction of interest rate
Status: in_force

A fiduciary may reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust.
Nev. Rev. Stat. § 162B.200 — NV Code / Title 13 / Chapter 162B / Section 162B.200
Creation of power of appointment
Status: in_force

1. A power of appointment is created only if: (a) The instrument creating the power is valid under applicable law; and (b) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

2. A power of appointment may not be created in a deceased individual.

3. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
Nev. Rev. Stat. § 162A.240 — NV Code / Title 13 / Chapter 162A / Section 162A.240
Meaning and effect of power of attorney
Status: in_force

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Nev. Rev. Stat. § 162B.320 — NV Code / Title 13 / Chapter 162B / Section 162B.320
Permissible appointment
Status: in_force

1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.

2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.

3. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may: (a) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee; (b) Create a general power or a nongeneral power in a permissible appointee; or (c) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.
Nev. Rev. Stat. § 159.071 — NV Code / Title 13 / Chapter 159 / Section 159.071
Bond: Limitations on action
Status: in_force

No action may be maintained against the sureties on any bond given by a guardian unless it is commenced within 3 years from the time the guardian is discharged, unless at the time of such discharge the person entitled to bring the action is under any legal disability to sue, in which case the action may be brought at any time within 3 years after the disability is removed.
Nev. Rev. Stat. § 159.185 — NV Code / Title 13 / Chapter 159 / Section 159.185
Conditions for removal
Status: in_force

1. The court may remove a guardian if the court determines that: (a) The guardian has become mentally incapacitated, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law; (b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613 ; (c) The guardian has filed for bankruptcy within the previous 5 years; (d) The guardian of the estate has mismanaged the estate of the protected person; (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and: (1) The negligence resulted in injury to the protected person or the estate of the protected person; or (2) There was a substantial likelihood that the negligence would result in injury to the protected person or the estate of the protected person; (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury; (g) The guardian has violated any right of the protected person that is set forth in this chapter; (h) The guardian has violated a court order or committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of NRS 159.332 ; (i) The guardian has violated any provision of NRS 159.331 to 159.338 , inclusive, or a court order issued pursuant to NRS 159.333 ; (j) The best interests of the protected person will be served by the appointment of another person as guardian; or (k) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595 or 159A.0595 .

2. A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.
Nev. Rev. Stat. § 159A.1905 — NV Code / Title 13 / Chapter 159A / Section 159A.1905
Petition for termination or modification; appointment of attorney to represent protected minor; burden of proof; issuance of citation; penalties for not filing petition in good faith
Status: in_force

1. A protected minor, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain: (a) The name and address of the petitioner. (b) The relationship of the petitioner to the protected minor. (c) The name, age and address of the protected minor, if the protected minor is not the petitioner, or the date of death of the protected minor if the protected minor is deceased. (d) The name and address of the guardian, if the guardian is not the petitioner. (e) The reason for termination or modification. (f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate. (g) A general description and the value of the remaining property of the protected minor and the proposed disposition of that property.

2. Upon the filing of the petition, the court shall appoint an attorney to represent the protected minor if: (a) The protected minor is unable to retain an attorney; or (b) The court determines that the appointment is necessary to protect the interests of the protected minor.

3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected minor.

4. The court shall issue a citation requiring all interested persons to appear and show cause why termination or modification of the guardianship should not be granted. The court shall serve the citation on the guardian and the petitioner. The petitioner shall serve the citation on all interested persons.

5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected minor, the court may: (a) Disallow the petitioner from petitioning the court for attorney's fees from the estate of the protected minor; and (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected minor and associated with the petition.
Nev. Rev. Stat. § 163.187 — NV Code / Title 13 / Chapter 163 / Section 163.187
Termination of trust when value of trust property insufficient to justify cost of administration
Status: in_force

1. After notice to the beneficiaries, the trustee of a trust that consists of trust property having a total value of less than $100,000 or that is uneconomical to administer may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. This subsection does not apply to an interested trustee.

2. The court may modify or terminate a trust, in accordance with NRS 163.185 , or remove the trustee and appoint a different trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration.

3. On termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

4. This section does not apply to a trust whose trust property includes an easement for conservation.

5. As used in this section: (a) “ Easement for conservation ” has the meaning ascribed to it in NRS 111.410 . (b) “ Interested trustee ” means: (1) An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed. (2) Any trustee who may be removed and replaced by an interested distributee. (3) An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.
Nev. Rev. Stat. § 162A.715 — NV Code / Title 13 / Chapter 162A / Section 162A.715
“Advance health-care directive” defined
Status: in_force

“ Advance health-care directive ” means a power of attorney for health care.
Nev. Rev. Stat. § 159A.074 — NV Code / Title 13 / Chapter 159A / Section 159A.074
Copy of order of appointment to be served upon protected minor; 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 minor not later than 5 days after the date of the appointment of the guardian.

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

3. A notice of entry of the order must be filed with the court.
Nev. Rev. Stat. § 162A.370 — NV Code / Title 13 / Chapter 162A / Section 162A.370
Liability for refusal to accept acknowledged power of attorney
Status: in_force

1. Except as otherwise provided in subsection 2: (a) A person shall either accept an acknowledged power of attorney, or request a certification, a translation or an opinion of counsel pursuant to NRS 162A.360 , not later than 10 business days after presentation of the power of attorney for acceptance; (b) If a person requests a certification, a translation or an opinion of counsel pursuant to NRS 162A.360 , the person shall accept the power of attorney not later than 5 business days after receipt of the certification, translation or opinion of counsel; and (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

2. A person is not required to accept an acknowledged power of attorney if: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (d) A request for a certification, a translation or an opinion of counsel pursuant to NRS 162A.360 is refused; (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel has been requested or provided pursuant to NRS 162A.360 ; (f) The person makes, or has actual knowledge that another person has made, a report pursuant to NRS 200.5093 stating a good faith belief that the principal may be subject to abuse, neglect, exploitation, isolation or abandonment by the agent or a person acting for or with the agent; or (g) The person: (1) Makes, or has actual knowledge that another person has made, a report pursuant to NRS 657.290 of the known or suspected exploitation by the agent, or a person acting for or with the agent, of the principal who is an older person or vulnerable person; or (2) Is a designated reporter of a financial institution who, pursuant to NRS 657.290 , delays a requested disbursement or transaction involving a principal who is an older person or vulnerable person whom the designated reporter knows or has reasonable cause to believe is being exploited.

3. A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

4. As used in this section: (a) “ Designated reporter ” has the meaning ascribed to it in NRS 657.230 . (b) “ Older person ” has the meaning ascribed to it in NRS 657.250 . (c) “ Vulnerable person ” has the meaning ascribed to it in NRS 657.270 .
Nev. Rev. Stat. § 159.327 — NV Code / Title 13 / Chapter 159 / Section 159.327
Short title
Status: in_force

NRS 159.327 and 159.328 may be cited as the Protected Persons' Bill of Rights.
Nev. Rev. Stat. § 162.080 — NV Code / Title 13 / Chapter 162 / Section 162.080
Deposit in name of fiduciary as such
Status: in_force

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his or her obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his or her obligation as fiduciary in drawing or delivering the check.
Nev. Rev. Stat. § 166A.330 — NV Code / Title 13 / Chapter 166A / Section 166A.330
Distribution on termination
Status: in_force

1. Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (a) To the beneficiary, if not incapacitated or deceased; (b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or (c) Upon the beneficiary's death, in the following order: (1) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary; (2) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to NRS 166A.220 ; (3) As designated in the instrument creating the custodial trust; or (4) To the estate of the deceased beneficiary.

2. If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.

3. Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
Nev. Rev. Stat. § 159A.138 — NV Code / Title 13 / Chapter 159A / Section 159A.138
Sale of equity of estate in real property of protected minor that is subject to mortgage or lien and of property that is subject to mortgage or lien
Status: in_force

1. In the manner required by this chapter for the sale of like property, a guardian may sell: (a) The equity of the estate in any real property that is subject to a mortgage or lien; and (b) The property that is subject to the mortgage or lien.

2. If a claim has been filed upon the debt secured by the mortgage or lien, the court shall not confirm the sale unless the holder of the claim files a signed and acknowledged document which releases the estate from all liability upon the claim.
Nev. Rev. Stat. § 165.210 — NV Code / Title 13 / Chapter 165 / Section 165.210
Form of inventory and accounts; compensation of attorney for intermediate and final accounts
Status: in_force

1. The courts given jurisdiction over accountings by this chapter may prescribe forms in which inventories and accounts shall be presented.

2. An attorney for a trustee shall be entitled to receive a reasonable compensation, to be allowed by the court, for services rendered to the trustee in the preparation and presentation of intermediate and final accounts.
Nev. Rev. Stat. § 159A.0445 — NV Code / Title 13 / Chapter 159A / Section 159A.0445
Filing of proposed preliminary care plan and budget
Status: in_force

Upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget. The format of such a proposed preliminary care plan and budget and the timing of the filing thereof must be specified by a rule approved by the Supreme Court.
Nev. Rev. Stat. § 163.550 — NV Code / Title 13 / Chapter 163 / Section 163.550
Amendment of trust instrument: Provision for termination of status as private foundation
Status: in_force

In addition to amending, revising, deleting or adding provisions to the articles of the trust to conform to the sections set out in subsection 3 of NRS 163.540 , the petition may include a request, and the court or judge may authorize any modifications, revisions, deletions or additions to the term, or to the conditions and provisions of the articles of any trust subject to the jurisdiction of the court, for the trust to conform with the requirements for termination of private foundation status as provided in Section 507, or in order to avoid the tax provided in Section 507(c).
Nev. Rev. Stat. § 159.077 — NV Code / Title 13 / Chapter 159 / Section 159.077
General functions of guardian of person and estate
Status: in_force

A guardian of the person and estate has the authority and shall perform the duties as provided by law for a guardian of the person and a guardian of the estate.
Nev. Rev. Stat. § 163.5535 — NV Code / Title 13 / Chapter 163 / Section 163.5535
“Custodial account owner” defined
Status: in_force

“ Custodial account owner ” means any person who:

1. Establishes a custodial account;

2. Has the power to designate the beneficiaries or appoint the custodian of the custodial account;

3. Has the power to direct the investment, disposition or retention of any assets in the custodial account; or

4. Can name an authorized designee to perform the actions described in subsection 3.
Nev. Rev. Stat. § 164.760 — NV Code / Title 13 / Chapter 164 / Section 164.760
Incurring costs
Status: in_force

In investing and managing trust property, a trustee may only incur costs that are appropriate and reasonable in relation to the property, the purposes of the trust and the skills of the trustee.
Nev. Rev. Stat. § 163.5551 — NV Code / Title 13 / Chapter 163 / Section 163.5551
Circumstances in which trust advisers are considered fiduciaries
Status: in_force

If one or more trust advisers are given authority, by the terms of an instrument, to direct, consent to or disapprove a fiduciary's investment decisions, the investment trust advisers shall be considered fiduciaries when exercising that authority unless the instrument provides otherwise.
Nev. Rev. Stat. § 162A.400 — NV Code / Title 13 / Chapter 162A / Section 162A.400
Remedies under other law
Status: in_force

The remedies under NRS 162A.200 to 162A.660 , inclusive, are not exclusive and do not abrogate any right or remedy under the laws of this State other than NRS 162A.200 to 162A.660 , inclusive.
Nev. Rev. Stat. § 159A.346 — NV Code / Title 13 / Chapter 159A / Section 159A.346
Appropriate actions authorized upon violation by guardian of any right of protected minor
Status: in_force

1. If a guardian violates any right of a protected minor that is set forth in this chapter, a court may take any appropriate action, including, without limitation: (a) Issuing an order that certain actions be taken or discontinued; (b) Disallowing any fees payable to the guardian; (c) After notice and a hearing, issuing an order compensating a protected minor or the estate of a protected minor for any injury, death or loss of money or property caused by the actions of the guardian or the failure of the guardian to take appropriate action; (d) Removing the guardian pursuant to NRS 159A.185 ; or (e) Taking any other action that is proper under the circumstances.

2. If any action by a guardian is deemed to be deliberately harmful or fraudulent or to have been committed with malice, the court may also impose: (a) Twice the actual damages incurred by the protected minor; and (b) Attorney's fees and costs.
Nev. Rev. Stat. § 166A.210 — NV Code / Title 13 / Chapter 166A / Section 166A.210
Transfer to custodial trustee by fiduciary or obligor; facility of payment
Status: in_force

1. Unless otherwise directed by an instrument designating a custodial trustee pursuant to NRS 166A.190 , a person, including, without limitation, a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.

2. A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
Nev. Rev. Stat. § 160.170 — NV Code / Title 13 / Chapter 160 / Section 160.170
Discharge of guardian
Status: in_force

When a minor ward for whom a guardian has been appointed under the provisions of this chapter or other laws of this state attains his or her majority, and if incompetent is declared competent by the Department of Veterans Affairs and the court, and when any incompetent ward, not a minor, is declared competent by the Department of Veterans Affairs and the court, the guardian must, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.
Nev. Rev. Stat. § 159A.159 — NV Code / Title 13 / Chapter 159A / Section 159A.159
Contract with broker to secure lessee
Status: in_force

The court may authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a lessee of the protected minor's property, which contract may provide for the payment of a commission, not exceeding 5 percent of the fixed rental for the first 2 years, to be paid out of the proceeds of any such lease.
Nev. Rev. Stat. § 163.5557 — NV Code / Title 13 / Chapter 163 / Section 163.5557
Powers of investment trust adviser and distribution trust adviser
Status: in_force

1. An instrument may provide for the appointment of a person to act as an investment trust adviser or a distribution trust adviser with regard to investment decisions or discretionary distributions.

2. An investment trust adviser may exercise the powers provided to the investment trust adviser in the instrument in the best interests of the trust. The powers exercised by an investment trust adviser are at the sole discretion of the investment trust adviser and are binding on all other persons. The powers granted to an investment trust adviser may include, without limitation, the power to: (a) Direct the trustee with respect to the retention, purchase, sale or encumbrance of trust property and the investment and reinvestment of principal and income of the trust. (b) Vote proxies for securities held in trust. (c) Select one or more investment advisers, managers or counselors, including the trustee, and delegate to such persons any of the powers of the investment trust adviser. (d) Value non-publicly traded investments held in trust that are subject to the investment management authority of the investment trust adviser.

3. A distribution trust adviser may exercise the powers provided to the distribution trust adviser in the instrument in the best interests of the trust. The powers exercised by a distribution trust adviser are at the sole discretion of the distribution trust adviser and are binding on all other persons. Except as otherwise provided in the instrument, the distribution trust adviser shall direct the trustee with regard to all discretionary distributions to a beneficiary.
Nev. Rev. Stat. § 163.110 — NV Code / Title 13 / Chapter 163 / Section 163.110
Powers of cotrustees: Exercisable by majority if more than two cotrustees; liability of dissenting cotrustee; unanimous action required if only two cotrustees; petition of interested person
Status: in_force

1. Unless it is otherwise provided by the trust instrument or by court order, any power vested in three or more trustees may be exercised by a majority of the trustees. A trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise of power and a dissenting trustee is not liable for the consequences of an act in which that trustee joined at the direction of the majority trustees, if the trustee expressed his or her dissent in writing to any of his or her cotrustees at or before the time of the joinder.

2. This section does not excuse a cotrustee from liability for inactivity in the administration of the trust nor for failure to attempt to prevent a breach of trust.

3. Except as otherwise authorized in the trust instrument or by order of the court, a power vested in two trustees may only be exercised by unanimous action.

4. If the trustees cannot exercise a power vested in them in a manner permitted by this section, an interested person may petition the court for appropriate instructions pursuant to NRS 164.010 and 164.015 .
Nev. Rev. Stat. § 162A.280 — NV Code / Title 13 / Chapter 162A / Section 162A.280
Co-agents and successor agents
Status: in_force

1. A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.

2. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent: (a) Has the same authority as that granted to the original agent; and (b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.

3. Except as otherwise provided in subsection 4 and in the power of attorney, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

4. An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
Nev. Rev. Stat. § 159.0487 — NV Code / Title 13 / Chapter 159 / Section 159.0487
Types of guardians
Status: in_force

Any court of competent jurisdiction may appoint:

1. Guardians of the person, of the estate, or of the person and estate for persons who are incapacitated whose home state is this State.

2. Guardians of the person or of the person and estate for persons who are incapacitated who, although not residents of this State, are physically present in this State and whose welfare requires such an appointment.

3. Guardians of the estate for nonresident persons who are incapacitated who have property within this State.

4. Special guardians.

5. Guardians ad litem.
Nev. Rev. Stat. § 165.1214 — NV Code / Title 13 / Chapter 165 / Section 165.1214
Delivery of account; frequency; when account deemed approved and final; payment of cost of preparation
Status: in_force

1. Except as may otherwise be required pursuant to the terms of the trust instrument or by order of the court, the trustee shall deliver a required account within 90 days after the end of the period of account, which may be extended by consent of the beneficiary, or by order of the court for good cause shown.

2. The trustee shall be deemed to have provided an account to any person on whom the trustee delivers a copy of the account as directed by order of the court or, if not so ordered, pursuant to the following: (a) By mailing a copy of the account by certified, registered or ordinary first-class mail, or by overnight delivery through a recognized delivery service company, addressed to the person being served at the post office address or physical address given in the person's demand for account, if any, or at the person's last place of residence on file with the trustee, if known, or by personally delivering a copy thereof to the person; or (b) By electronic mail or through a secure website on the Internet. For purposes of this paragraph, a person shall be deemed to have received a copy of an account provided by the trustee to the beneficiary by electronic mail or through a secure website on the Internet if the trustee: (1) Sent the beneficiary an electronic mail in a manner that complies with subsection 1 of NRS 719.320 and the beneficiary received the electronic mail in a manner that complies with subsection 2 of NRS 719.320 ; and (2) Attached the account to the electronic mail as an electronic record or included in the electronic mail a notice to the beneficiary indicating the availability of the account on the secure website.

3. Except as otherwise required by the trust instrument, a trustee is not required to provide an account more than once in any calendar year unless ordered by a court upon good cause shown.

4. An account must be deemed approved and final as follows: (a) By a beneficiary who received a copy of the account if no written objection is delivered to the trustee in accordance with subsection 2 within 90 days after the date on which the trustee provided the account to that beneficiary; or (b) By all beneficiaries who are not required to receive an account, such as nonvested and contingent beneficiaries, remote beneficiaries, minor beneficiaries, and unborn or unknown beneficiaries if the account is deemed approved and final by a beneficiary who has a similar, but preceding interest, in the trust estate, in conformance with NRS 164.038 , or as to any beneficiary who has waived an account pursuant to NRS 165.121 . Notwithstanding the foregoing, if an account is submitted to the court for approval under a petition pursuant to chapter 164 of NRS, the account must be deemed final and approved upon by order of the court, subject only to the right of an interested person to appeal.

5. Except as otherwise ordered by the court, the cost of preparing an account must be paid from the trust estate, and allocated to income and principal as provided in the trust instrument, and if the trust instrument is otherwise silent, in accordance with NRS 164.780 to 164.925 , inclusive.

6. As used in this section: (a) “ Electronic mail ” has the meaning ascribed to it in NRS 41.715 . (b) “ Electronic record ” has the meaning ascribed to it in NRS 132.117 .
Nev. Rev. Stat. § 164.796 — NV Code / Title 13 / Chapter 164 / Section 164.796
Circumstances under which trustee authorized to convert trust into unitrust; effect of such conversion on certain terms of trust; liability of trustee or disinterested person
Status: in_force

1. Unless expressly prohibited by the trust instrument, a trustee may convert a trust into a unitrust if: (a) The trustee determines conversion to a unitrust will better enable the trustee to carry out the intent of the settlor and the purpose of the trust; (b) The trustee gives written notice of his or her intention to convert the trust to a unitrust, including how the unitrust will operate, the income distributions rate established pursuant to subsection 3 of NRS 164.797 and subsection 1 of NRS 164.799 , and what initial decisions the trustee will make pursuant to this section, to all beneficiaries who: (1) Are presently eligible to receive income from the trust; (2) Would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of any beneficiary eligible to receive income terminated immediately before the trustee gives notice; and (3) Would receive, if a power of appointment were not exercised, a distribution of principal if the trust terminated immediately before the trustee gives notice; (c) There is at least one beneficiary who meets the requirements of subparagraph (1) of paragraph (b) and at least one beneficiary who meets the requirements of subparagraph (2) of paragraph (b); and (d) No beneficiary objects, in writing and delivered to the trustee within 60 days of the mailing of the notice, to the conversion of the trust to a unitrust.

2. If a beneficiary timely objects to converting a trust into a unitrust, or if there are no beneficiaries under either subparagraph (1) or (3) of paragraph (b) of subsection 1, the trustee may petition the court to approve the conversion of the trust into a unitrust. The court shall approve the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.

3. A beneficiary may request that a trustee convert a trust into a unitrust. If the trustee does not convert the trust, the beneficiary may petition the court to order the conversion. The court shall direct the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.

4. A trustee, in determining whether and to what extent to convert a trust to a unitrust pursuant to subsection 1, shall consider all factors relevant to the trust and to the beneficiaries, including the factors set forth in subsection 2 of NRS 164.795 , as applicable.

5. A conversion of a trust to a unitrust does not affect a term of the trust directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw all or a portion of the principal.

6. A trustee may not convert a trust into a unitrust in any circumstance set forth in subsection 3 of NRS 164.795 .

7. If a trustee is prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to the trustee and if there is a cotrustee to whom such provisions do not apply, the cotrustee may convert the trust unless the exercise of the power by the remaining trustee is not permitted by the terms of the trust. If all trustees are prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to all of the trustees, the trustees may petition the court to direct a conversion.

8. A trustee may permanently, or for a specified period, including a period measured by the life of a person, release the power to convert a trust pursuant to subsection 1 if: (a) The trustee is uncertain about whether possessing or exercising the power of conversion will cause a result described in paragraphs (a) to (f), inclusive, or (h) of subsection 3 of NRS 164.795 ; or (b) The trustee determines that possessing or exercising the power of conversion may or will deprive the trust of a tax benefit or impose a tax burden not described in subsection 3 of NRS 164.795 .

9. A trustee or disinterested person who, in good faith, takes or fails to take any action under this section is not liable to any person affected by such action or inaction, regardless of whether the affected person received notice as provided in this section or was under a legal disability at the time of delivery of notice. An affected person's exclusive remedy is to petition the court for an order directing the trustee to convert the trust into a unitrust, to reconvert a unitrust into a trust or to change the percentage used to calculate the unitrust amount.

10. This section shall be construed to pertain to the administration of a trust, and the provisions of this section are available to any trust administered in this State or that is governed by the laws of this State, unless: (a) The terms of the trust instrument show an intent that a beneficiary is to receive an amount other than a reasonable current return from the trust; (b) The trust: (1) Has a guaranteed annuity interest or fixed percentage interest as described in section 170(f)(2)(B) of the Internal Revenue Code 1 ; (2) Is a charitable remainder trust within the meaning of section 664(d) of the Internal Revenue Code 2 ; (3) Is a qualified subchapter S trust within the meaning of section 1361(c) of the Internal Revenue Code 3 ; (4) Is a personal residence trust within the meaning of section 2702(a)(3)(A) of the Internal Revenue Code 4 ; or (5) Is a trust in which one or more settlors retain a qualified interest within the meaning of section 2702(b) of the Internal Revenue Code 5 ; (c) One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard or that can be exercised to discharge a duty of support; or (d) The terms of the trust instrument expressly prohibit the use of the provisions of this section through reference to this section or the trust instrument expressly states the settlor's intent that net income is not calculated as a unitrust amount.

11. As used in this section, “ ascertainable standard ” means a standard relating to an individual's health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code 6 and any regulations of the United States Treasury promulgated thereunder.

1 26 U.S.C.A. § 170(f)(2)(B).

2 26 U.S.C.A. § 664(d).

3 26 U.S.C.A. § 1361(c).

4 26 U.S.C.A. § 2702(a)(3)(A).

5 26 U.S.C.A. § 2702(b).

6 26 U.S.C.A. § 2041(b)(1)(A) or § 2514(c)(1).
Nev. Rev. Stat. § 167.100 — NV Code / Title 13 / Chapter 167 / Section 167.100
Construction
Status: in_force

This chapter must be so applied and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Nev. Rev. Stat. § 159A.0455 — NV Code / Title 13 / Chapter 159A / Section 159A.0455
Appointment of guardian ad litem or advocate for best interests of protected minor or proposed protected minor; requirements; duties; compensation
Status: in_force

1. The court may appoint a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is the subject of guardianship proceedings conducted pursuant to this chapter if the court believes that the minor could benefit from that appointment.

2. The court may not appoint an attorney as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor unless: (a) The court believes that an attorney who represents the protected minor or proposed protected minor is unable to provide information which is required by the court to make a determination on the best interests of the minor; (b) No volunteer is available to serve as an advocate; or (c) Extraordinary circumstances exist in which an attorney may assist the court as an advocate.

3. A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is appointed pursuant to subsection 1: (a) Is an officer of the court; (b) Does not represent the protected minor or proposed protected minor; (c) Shall not offer legal advice; (d) Is not a party to the case; (e) Shall advocate for the best interests of the protected minor or proposed protected minor; (f) Shall provide information to the court in accordance with applicable court rule; and (g) Shall serve until relieved of that duty by court order.

4. A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. If the protected minor or proposed protected minor is indigent, the court may order such compensation to be paid by the county. If the court finds that a person has unnecessarily or unreasonably caused the appointment of a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor, the court may order the person to pay to the estate of the protected minor or proposed protected minor all or part of the expenses associated with the appointment of the guardian ad litem or advocate for the best interests of the protected minor or proposed protected minor.
Nev. Rev. Stat. § 162A.200 — NV Code / Title 13 / Chapter 162A / Section 162A.200
Applicability
Status: in_force

NRS 162A.200 to 162A.660 , inclusive, apply to all powers of attorney except:

1. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

2. A power to make health care decisions;

3. A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

4. A power created on a form prescribed by a government or a governmental subdivision, agency or instrumentality for a governmental purpose.
Nev. Rev. Stat. § 166.050 — NV Code / Title 13 / Chapter 166 / Section 166.050
No specific language necessary for creation of trust
Status: in_force

No specific language is necessary for the creation of a spendthrift trust. It is sufficient if by the terms of the writing (construed in the light of this chapter if necessary) the creator manifests an intention to create such a trust.
Nev. Rev. Stat. § 159.055 — NV Code / Title 13 / Chapter 159 / Section 159.055
Burden of proof; order appointing guardian; notice of entry of order
Status: in_force

1. The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.

2. If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed protected person, the court shall enter an order appointing a guardian. The order must: (a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian; (b) Specify whether the proposed protected person is a resident or nonresident of this State; (c) Specify the amount of the bond to be executed and filed by the guardian; and (d) Designate the names and addresses, so far as may be determined, of: (1) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047 ; and (2) Any other interested person.

3. A notice of entry of the court order must be sent to: (a) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047 ; and (b) Any other interested person.
Nev. Rev. Stat. § 163.558 — NV Code / Title 13 / Chapter 163 / Section 163.558
Authority of settlor to specify conditions
Status: in_force

Except to the extent that it violates public policy, a settlor may:

1. Make a devise conditional upon a beneficiary's action or failure to take action or upon the occurrence or nonoccurrence of one or more specified events; and

2. Specify the conditions or actions which would disqualify a person from serving or which would constitute cause for removal of a person who is serving in any capacity under the trust, including, without limitation, as a trustee, trust protector or trust adviser.
Nev. Rev. Stat. § 159A.037 — NV Code / Title 13 / Chapter 159A / Section 159A.037
Venue for appointment of guardian
Status: in_force

1. The venue for the appointment of a guardian when the proposed protected minor's home state is this State must be the county where the proposed protected minor resides.

2. If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.

3. Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.
Nev. Rev. Stat. § 159A.1915 — NV Code / Title 13 / Chapter 159A / Section 159A.1915
Termination of guardianship before emancipation of protected minor; burden of proof
Status: in_force

1. If, before a protected minor is emancipated, a parent of the protected minor petitions the court for the termination of a guardianship of the protected minor, the parent has the burden of proof to show by clear and convincing evidence that: (a) There has been a material change of circumstances since the time the guardianship was created. The parent must show that, as part of the change of circumstances, the parent has been restored to suitability as described in NRS 159A.061 . (b) Except as otherwise provided in subsection 2, the welfare of the protected minor would be substantially enhanced by the termination of the guardianship and the placement of the protected minor with the parent.

2. If the parent consented to the guardianship when it was created, the parent is required to make only that showing set forth in paragraph (a) of subsection 1.
Nev. Rev. Stat. § 162B.025 — NV Code / Title 13 / Chapter 162B / Section 162B.025
“Blanket-exercise clause” defined
Status: in_force

“ Blanket-exercise clause ” means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:

1. Expressly uses the words “any power” in exercising any power of appointment the powerholder has;

2. Expressly uses the words “any property” in appointing any property over which the powerholder has a power of appointment; or

3. Disposes of all property subject to disposition by the powerholder.
Nev. Rev. Stat. § 159A.036 — NV Code / Title 13 / Chapter 159A / Section 159A.036
Giving of notices and issuance of citations by clerk of court
Status: in_force

All notices required to be given by this chapter may be given by the clerk of the court without an order from the court, and when so given, for the time and in the manner required by law, they are legal and valid as though made upon an order from the court. If use of a citation is authorized or required by statute, the citation may be issued by the clerk of the court on the request of a party or the party's attorney without a court order, unless an order is expressly required by statute.
Nev. Rev. Stat. § 159.043 — NV Code / Title 13 / Chapter 159 / Section 159.043
Revised Statutes Titles of petitions; captions of petitions and other documents
Status: in_force

1. All petitions filed in a guardianship proceeding pursuant to this chapter must bear the title of the court and cause.

2. The caption of all petitions and other documents filed in a guardianship proceeding pursuant to this chapter must read, “In The Matter of the Guardianship of __________(the person, the estate, or the person and estate), __________(the legal name of the person), adult, Protected Person.”
Nev. Rev. Stat. § 159A.0565 — NV Code / Title 13 / Chapter 159A / Section 159A.0565
Visitation between protected minor and parents or certain relatives
Status: in_force

In an order appointing a guardian or in any order thereafter, the court may award rights of visitation between a protected minor and his or her parents or relatives who are within the fourth degree of consanguinity.
Nev. Rev. Stat. § 164.942 — NV Code / Title 13 / Chapter 164 / Section 164.942
Nonjudicial settlement agreements: When effective; providing objections; notice of proposed action; failure to object constitutes acceptance; petitioning court for approval
Status: in_force

1. Except as otherwise provided in this section, a nonjudicial settlement agreement is effective when the agreement has been signed by all indispensable parties. A party who is represented by another person pursuant to NRS 164.038 shall be deemed to have signed an agreement when the person who represents that party has signed the agreement.

2. Except as otherwise provided in this section, if an indispensable party neither signs the agreement nor provides the trustee with a written objection, the trustee may follow the procedure provided in NRS 164.725 by giving a notice of proposed action to all indispensable parties who have not signed the settlement agreement, where the proposed action is to accept and comply with the nonjudicial settlement agreement.

3. Failure to object to the notice of proposed action constitutes acceptance of the settlement agreement. If the trustee is personally aware that an indispensable party, or a person representing that indispensable party under NRS 164.038 , has not received the notice of proposed action, the trustee may not proceed to honor the agreement pursuant to subsection 6 of NRS 164.725 , but may proceed under subsection 7 of NRS 164.725 as if that indispensable party had objected. Once all indispensable parties have agreed to a settlement agreement as provided in subsection 1 or 2, it is irrevocable.

4. Any indispensable party may petition the court for an order approving a nonjudicial settlement agreement under the procedure set forth in NRS 164.015 . In order to approve a nonjudicial settlement, the court must find that the agreement complies with the requirements of this section and NRS 164.940 .

5. For the purposes of this section, “ indispensable parties ” refers to all interested persons, as defined in NRS 132.185 , whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
Nev. Rev. Stat. § 162A.060 — NV Code / Title 13 / Chapter 162A / Section 162A.060
“Good faith” defined
Status: in_force

“ Good faith ” means honesty in fact.
Nev. Rev. Stat. § 163.023 — NV Code / Title 13 / Chapter 163 / Section 163.023
Powers of trustee
Status: in_force

A trustee has the powers provided in the trust instrument, expressed by law or granted by the court upon petition, as necessary or appropriate to accomplish a purpose of the trust, but the court may not grant a power expressly prohibited by the trust instrument.
Nev. Rev. Stat. § 166.010 — NV Code / Title 13 / Chapter 166 / Section 166.010
Short title
Status: in_force

This chapter may be referred to by the short title of Spendthrift Trust Act of Nevada, and such reference will be sufficient for all purposes.
Nev. Rev. Stat. § 159.1663 — NV Code / Title 13 / Chapter 159 / Section 159.1663
Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement
Status: in_force

1. If the purchaser or option holder neglects or refuses to comply with the terms of the agreement approved by the court pursuant to NRS 159.1657 , the guardian may petition the court to cancel the agreement. The court shall cancel the agreement after notice is given to the purchaser or option holder.

2. The cancellation of an agreement pursuant to this section does not affect any liability created by the agreement.
Nev. Rev. Stat. § 159.0485 — NV Code / Title 13 / Chapter 159 / Section 159.0485
Appointment of attorney for proposed protected person
Status: in_force

1. Upon the filing of a petition for the appointment of a guardian for a proposed protected person, the court shall appoint an attorney for the proposed protected person unless the proposed protected person wishes to retain or has already retained an attorney of his or her own choice.

2. The court shall: (a) If the proposed protected person resides in a county that has a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons and the program is able to accept the case, appoint an attorney who works for the organization operating the program to represent the proposed protected person. After such an appointment, if it is ascertained that the proposed protected person wishes to have another attorney represent him or her, the court shall appoint that attorney to represent the proposed protected person. An attorney appointed pursuant to this subsection shall represent the proposed protected person until relieved of the duty by court order. (b) If the proposed protected person resides in a county that does not have a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons, or if such a program exists but the program is unable to accept the case, the court shall determine whether the proposed protected person has the ability to pay the reasonable compensation and expenses of an attorney from his or her estate. If the proposed protected person: (1) Has the ability to pay the reasonable compensation and expenses of an attorney, the court shall order an attorney to represent the proposed protected person and require such compensation and expenses of the attorney to be paid from the estate of the proposed protected person. (2) Does not have the ability to pay the reasonable compensation and expenses of an attorney, the court may use the money retained pursuant to subparagraph (2) of paragraph (a) of subsection 3 of NRS 247.305 to pay for an attorney to represent the proposed protected person.

3. If an attorney is appointed pursuant to paragraph (a) of subsection 2 and the proposed protected person has the ability to pay the compensation and expenses of an attorney, the organization operating the program for legal services may request that the court appoint a private attorney to represent the proposed protected person, to be paid by the proposed protected person.

4. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the protected person or proposed protected person all or part of the expenses associated with the appointment of the attorney.

5. Any attorney who intends to seek compensation from the estate of the protected person or proposed protected person must follow the procedure established in NRS 159.344 .
Nev. Rev. Stat. § 160.162 — NV Code / Title 13 / Chapter 160 / Section 160.162
Transfer of person from Northern Nevada Adult Mental Health Services to Department of Veterans Affairs or other federal agency
Status: in_force

1. Upon receipt of a certificate of the Department of Veterans Affairs or another agency of the United States that facilities are available for the care or treatment of any person previously committed to the custody of Northern Nevada Adult Mental Health Services and that the person is eligible for care or treatment, the Director of Northern Nevada Adult Mental Health Services may cause the transfer of the person to the Department of Veterans Affairs or other agency of the United States for care or treatment.

2. The committing court must be notified by the Director of Northern Nevada Adult Mental Health Services upon effecting such a transfer.

3. No person may be transferred to the Department of Veterans Affairs or such other agency of the United States if the person is confined pursuant to a conviction of a felony or misdemeanor or if the person has been acquitted of the charge solely on the ground of insanity, unless before the transfer the court originally committing the person enters an order for the transfer after appropriate motion and hearing.

4. Any person transferred as provided in this section shall be deemed to be committed to the Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.
Nev. Rev. Stat. § 160.090 — NV Code / Title 13 / Chapter 160 / Section 160.090
Bond
Status: in_force

1. Before making an appointment under the provisions of this chapter, the court shall establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.

2. Upon the appointment being made, the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter, the amount of the bond must be equal to the total value of the personal estate plus the annual income. The bond must be in the form and be conditioned as required of guardians appointed pursuant to the provisions of chapter 159 or 159A of NRS. The premiums on all such bonds must be paid from the estate.

3. If a banking corporation as defined in NRS 657.016 , or a trust company, as defined by NRS 669.070 , doing business in this state is appointed guardian of the estate of a ward, no bond is required of the guardian unless the court by specific order requires a bond.

4. If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016 , or trust company, as defined by NRS 669.070 , doing business in this state and that such estate and income, or any part thereof, must not be withdrawn without authorization of the court, then the amount of the guardian's bond must be reduced in an amount equal to the amount of the estate and income on deposit with the banking corporation, and the surety on the bonds must be exonerated from any loss to the estate in connection with the deposit.

5. Where a bond is tendered by a guardian with personal sureties, the sureties shall file with the court a certificate under oath which describes the property owned, both real and personal, and contains a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.
Nev. Rev. Stat. § 159.0486 — NV Code / Title 13 / Chapter 159 / Section 159.0486
Finding of vexatious litigant; sanctions
Status: in_force

1. A court may find that a petitioner is a vexatious litigant if a person, other than the protected person: (a) Files a petition which is without merit or intended to harass or annoy the guardian; and (b) Has previously filed pleadings in a guardianship proceeding that were without merit or intended to harass or annoy the guardian.

2. If a court finds a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses incurred by the estate of the protected person to defend the petition, to respond to the petition and for any other pecuniary losses which are associated with the petition.
Nev. Rev. Stat. § 159A.192 — NV Code / Title 13 / Chapter 159A / Section 159A.192
Termination of temporary guardianship
Status: in_force

1. If a temporary guardianship is terminated and a petition for a general guardianship has not been filed: (a) The temporary guardian shall immediately turn over all of the protected minor's property to the protected minor; or (b) If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate, the temporary guardian shall seek approval from the court to maintain possession of all or a portion of the protected minor's property.

2. If a temporary guardianship is terminated and a petition for general guardianship has been filed, the temporary guardian of the estate may: (a) Continue possessing the protected minor's property; and (b) Perform the duties of guardian for not more than 90 days after the temporary guardianship is terminated or until the court appoints another temporary or general guardian.

3. If the death of a protected minor causes the termination of a temporary guardianship before the hearing on a general guardianship: (a) The temporary guardian of the estate may: (1) Continue possessing the protected minor's property; and (2) Except as otherwise provided in this paragraph, perform the duties of guardian for not more than 90 days after the date of the termination of the temporary guardianship or until the court appoints a personal representative of the estate, if any. If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate and it will take longer than 90 days after the date of the termination of the temporary guardianship to receive such certification, the temporary guardian must seek approval from the court to maintain possession of all or a portion of the protected minor's property until certification is received. (b) If no personal representative has been appointed pursuant to chapter 138 or 139 of NRS, the temporary guardian shall pay all of the final expenses and outstanding debts of the protected minor to the extent possible using the assets in the possession of the temporary guardian.
Nev. Rev. Stat. § 159A.1455 — NV Code / Title 13 / Chapter 159A / Section 159A.1455
Confirmation by court of sale of real property of guardianship estate
Status: in_force

1. Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate unless: (a) The court is satisfied that the amount offered represents the fair market value of the property to be sold; and (b) Except for a sale of real property pursuant to NRS 159A.123 , the real property has been appraised within 1 year before the date of the sale. If the real property has not been appraised within this period, a new appraisal must be conducted pursuant to NRS 159A.086 and 159A.0865 at any time before the sale or confirmation by the court of the sale.

2. The court may waive the requirement of an appraisal upon a showing to and specific findings by the court on the record that: (a) An additional appraisal will unduly delay the sale; and (b) The delay will impair the estate of the protected minor.
Nev. Rev. Stat. § 163.405 — NV Code / Title 13 / Chapter 163 / Section 163.405
Apportionment or allocation of receipts and expenses
Status: in_force

A fiduciary may determine:

1. What is principal and what is income of any estate or trust and may allocate or apportion receipts and expenses as between principal and income in the exercise of the fiduciary's discretion, and, by way of illustration and no limitation of the fiduciary's discretion, may charge premiums on securities purchased at a premium against principal or income or partly against each.

2. Whether to apply stock dividends and other noncash dividends to income or principal or apportion them as the fiduciary deems advisable.

3. What expenses, costs, taxes (other than estate, inheritance and succession taxes) and other governmental charges shall be charged against principal or income or apportioned between principal and income and in what proportions.
Nev. Rev. Stat. § 163.00185 — NV Code / Title 13 / Chapter 163 / Section 163.00185
“Trust instrument” defined
Status: in_force

“ Trust instrument ” means a will, trust agreement, declaration, or other instrument, including, without limitation, an electronic trust, that creates or defines the duties and powers of a trustee and shall include a court order or any instrument that modifies a trust instrument or, in effect, alters the duties and powers of a trustee or other terms of a trust instrument.
Nev. Rev. Stat. § 162B.110 — NV Code / Title 13 / Chapter 162B / Section 162B.110
Common law and principles of equity
Status: in_force

The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this State other than this chapter.
Nev. Rev. Stat. § 159A.0755 — NV Code / Title 13 / Chapter 159A / Section 159A.0755
Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate
Status: in_force

If, at the time of the appointment of the guardian or thereafter, the estate of a protected minor consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the guardianship estate and claims against the estate, the guardian of the estate, with prior approval of the court by order, may pay those expenses and claims from the estate and deliver all the remaining personal property to such person as the court may designate in the order, to be held, invested or used as ordered by the court. The recipient of the property so delivered shall give a receipt therefor to the guardian. The receipt is a release and acquittance to the guardian as to the property so delivered. The guardian shall file in the proceeding proper receipts or other evidence satisfactory to the court showing the delivery, and the guardian is released from his or her trust and the bond of the guardian is exonerated.
Nev. Rev. Stat. § 163.0016 — NV Code / Title 13 / Chapter 163 / Section 163.0016
“Nontestamentary trust” defined
Status: in_force

“ Nontestamentary trust ” means a trust, including, without limitation, an electronic trust, that is created and takes effect during the lifetime of the settlor.
Nev. Rev. Stat. § 159A.023 — NV Code / Title 13 / Chapter 159A / Section 159A.023
“Minor” defined
Status: in_force

“ Minor ” means any person who is:

1. Less than 18 years of age; or

2. Less than 19 years of age if the guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191 .
Nev. Rev. Stat. § 159A.117 — NV Code / Title 13 / Chapter 159A / Section 159A.117
Court approval required to make certain investments and loans and to exercise certain options; certain investments authorized without prior approval; investing property of two or more protected persons
Status: in_force

1. Upon approval of the court by order, a guardian of the estate may: (a) Invest the property of the protected minor, make loans and accept security therefor, in the manner and to the extent authorized by the court. (b) Exercise options of the protected minor to purchase or exchange securities or other property.

2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the protected minor in the following: (a) Savings accounts in any bank, credit union, savings and loan association or savings bank in this State, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 672.755 . (b) Interest-bearing obligations of or fully guaranteed by the United States. (c) Interest-bearing obligations of the United States Postal Service. (d) Interest-bearing obligations of the Federal National Mortgage Association. (e) Interest-bearing general obligations of this State. (f) Interest-bearing general obligations of any county, city or school district of this State. (g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.

3. A guardian of the estate for two or more protected persons may invest the property of two or more of the protected persons in property in which each protected person whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each protected person in the investment and in the income, profits or proceeds therefrom.

4. A guardian of the estate may access or manage a guardianship account via the Internet on a secured website established by the bank, credit union or broker holding the account.
Nev. Rev. Stat. § 163.567 — NV Code / Title 13 / Chapter 163 / Section 163.567
Effect of divorce, annulment of marriage or termination of domestic partnership of descendant of settlor on former spouse or domestic partner of descendant
Status: in_force

Unless otherwise ordered or provided for in a property or separation agreement approved by the court in a proceeding for a divorce or annulment, the divorce, annulment of the marriage or termination of the domestic partnership of the descendant of a settlor revokes:

1. Every devise, beneficial interest or designation to serve as trustee that was given by the settlor to the former spouse or domestic partner of the descendant in a revocable inter vivos trust executed before the entry of the decree of divorce or annulment or the termination of the domestic partnership, unless otherwise provided in the trust instrument, and the provisions of the trust take effect in the same manner as if the spouse or domestic partner of the descendant predeceased the settlor; and

2. The appointment of the spouse or domestic partner of the descendant as a trust protector, trust adviser or consultant.
Nev. Rev. Stat. § 164.643 — NV Code / Title 13 / Chapter 164 / Section 164.643
Definitions
Status: in_force

As used in NRS 164.640 to 164.680 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 164.645 to 164.663 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 159.1999 — NV Code / Title 13 / Chapter 159 / Section 159.1999
Declination of jurisdiction generally
Status: in_force

1. A court of this State having jurisdiction to appoint a guardian may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

2. If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either dismiss or stay the proceedings. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian be filed promptly in another state.

3. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including, without limitation: (a) Any expressed preference of the protected person; (b) Whether abuse, neglect, exploitation, isolation or abandonment of the protected person has occurred or is likely to occur and which state could best protect the protected person from the abuse, neglect, exploitation, isolation or abandonment; (c) The length of time the protected person was physically present in or was a legal resident of this State or another state; (d) The distance of the protected person from the court in each state; (e) The financial circumstances of the estate of the protected person; (f) The nature and location of the evidence; (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (h) The familiarity of the court of each state with the facts and issues in the proceeding; and (i) If an appointment were made, the court's ability to monitor the conduct of the guardian.
Nev. Rev. Stat. § 159.095 — NV Code / Title 13 / Chapter 159 / Section 159.095
Representing protected person in legal proceedings
Status: in_force

1. A guardian of the estate shall appear for and represent the protected person in all actions, suits or proceedings to which the protected person is a party, unless the court finds that the interests of the guardian conflict with the interests of the protected person or it is otherwise appropriate to appoint a guardian ad litem in the action, suit or proceeding.

2. Upon final resolution of the action, suit or proceeding, the guardian of the estate or the guardian ad litem shall notify the court of the outcome of the action, suit or proceeding.

3. If the person of the protected person would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the protected person in the action, suit or proceeding.

4. If the protected person is a party to any criminal action, the guardian of the estate and the guardian of the person must be notified of the action.
Nev. Rev. Stat. § 162A.560 — NV Code / Title 13 / Chapter 162A / Section 162A.560
Claims and litigation
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

1. Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief;

2. Bring an action to determine adverse claims or intervene or otherwise participate in litigation;

3. Seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;

4. Make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination and bind the principal in litigation;

5. Submit to alternative dispute resolution, settle, and propose or accept a compromise;

6. Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, and receive, execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;

7. Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

8. Pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and

9. Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Nev. Rev. Stat. § 162B.500 — NV Code / Title 13 / Chapter 162B / Section 162B.500
Creditor claim: General power created by powerholder
Status: in_force

1. Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 112 of NRS.

2. Subject to subsection 1, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.

3. Subject to subsections 1 and 2, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of: (a) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and (b) The powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.

4. As used in this section, “ power of appointment created by the powerholder ” includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.
Nev. Rev. Stat. § 164.750 — NV Code / Title 13 / Chapter 164 / Section 164.750
Diversification of investments
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
Nev. Rev. Stat. § 162C.100 — NV Code / Title 13 / Chapter 162C / Section 162C.100
Purpose; interpretation
Status: in_force

1. The purpose of this chapter is to: (a) Provide person-centered and directed assistance to an adult with a disability to gather and assess information, make informed decisions and communicate decisions; (b) Give supporters legal status to be with such an adult and participate in discussions with others when the adult is making decisions or attempting to obtain information; and (c) Enable supporters to assist in making and communicating decisions for such an adult but not substitute as the decision-maker for the adult.

2. This chapter must be interpreted in accordance with the following principles: (a) An adult should be able to live in the manner in which he or she wishes and to accept or refuse support, assistance or protection as long as the adult does not harm others and is capable of making decisions about such matters; (b) An adult should be able to be informed about and, to the best of his or her ability, participate in the management of his or her affairs; (c) An adult should receive the most effective, yet least restrictive and intrusive, form of support, assistance or protection when the adult is unable to manage his or her affairs alone; and (d) The values, beliefs, wishes, cultural norms and traditions that an adult holds should be respected in managing his or her affairs.
Nev. Rev. Stat. § 159A.2025 — NV Code / Title 13 / Chapter 159A / Section 159A.2025
Registration of guardianship orders issued in another state
Status: in_force

1. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register and the reason for registration, may petition the court to register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State: (a) Certified copies of the order and letters of office; (b) A copy of one of the forms of identification of the protected minor set forth in paragraph (c) of subsection 2 of NRS 159A.044 ; and (c) A copy of one of the forms of identification of the guardian set forth in paragraph (h) of subsection 2 of NRS 159A.044 .

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

3. Upon completion of the hearing, if there is no contest to the petition, the court shall issue an order granting a petition filed under subsection 1.
Nev. Rev. Stat. § 164.785 — NV Code / Title 13 / Chapter 164 / Section 164.785
Definitions
Status: in_force

As used in NRS 164.780 to 164.925 , inclusive:

1. “ Accounting period ” means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.

2. “ Beneficiary ” includes, in the case of a decedent's estate, an heir, legatee and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.

3. “ Fiduciary ” includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function.

4. “ Income ” means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in NRS 164.825 to 164.895 , inclusive.

5. “ Income beneficiary ” means a person to whom net income of a trust is or may be payable.

6. “ Income interest ” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion.

7. “ Mandatory income interest ” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

8. “ Net income ” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under NRS 164.780 to 164.925 , inclusive, to or from income during the period.

9. “ Principal ” means property held in trust for distribution to a remainder beneficiary when the trust terminates.

10. “ Remainder beneficiary ” means a person entitled to receive principal when an income interest ends.
Nev. Rev. Stat. § 159A.136 — NV Code / Title 13 / Chapter 159A / Section 159A.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 minor, an interested person may petition the court for an order requiring the guardian to sell the property. The court shall set the petition for a hearing, and the petitioner shall serve notice on the guardian at least 10 days before the hearing.
Nev. Rev. Stat. § 159A.191 — NV Code / Title 13 / Chapter 159A / Section 159A.191
Termination of guardianship of person, estate or person and estate; procedure upon death of protected minor
Status: in_force

1. A guardianship of the person, of the estate, or of the person and estate is terminated: (a) By the death of the protected minor; (b) Upon the protected minor's change of domicile to a place outside this State and the transfer of jurisdiction to the court having jurisdiction in the new domicile; (c) Upon order of the court, if the court determines that the guardianship no longer is necessary; (d) On the date on which the protected minor reaches 18 years of age; or (e) On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if: (1) The protected minor will be older than 18 years of age upon graduation from high school; and (2) The protected minor and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the protected minor will become 18 years of age.

2. A guardianship of the estate is terminated: (a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian; (b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or (c) By the death of the protected minor, subject to the provisions of NRS 159A.193 .

3. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

4. The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected minor of the death of the protected minor within 30 days after the death.

5. Immediately upon the death or emancipation of the protected minor: (a) The guardian of the estate shall have no authority to act for the protected minor except to wind up the affairs of the guardianship pursuant to NRS 159A.193 , and to distribute the property of the protected minor as provided in NRS 159A.195 and 159A.197 ; and (b) No person has standing to file a petition pursuant to NRS 159A.078 .

6. A hearing may be held not later than 90 days before a protected minor reaches the age of majority to determine whether: (a) Guardianship is needed beyond the age of majority; (b) The protected minor desires an additional year of guardianship beyond the age of majority; and (c) The guardian should be notified of any requirements of the guardianship which require compliance before termination of the guardianship.

7. If, at a hearing conducted pursuant to subsection 6, a court makes a determination that, upon reaching the age of majority, a protected minor would be deemed incapacitated, as defined in NRS 159.019 , a petition may be filed in accordance with the provisions of chapter 159 of NRS to seek guardianship for the protected minor pursuant to that chapter to take effect when the protected minor reaches the age of majority. The protected minor has the right to be represented by counsel if guardianship is sought pursuant to this subsection.
Nev. Rev. Stat. § 162B.080 — NV Code / Title 13 / Chapter 162B / Section 162B.080
“Powerholder” defined
Status: in_force

“ Powerholder ” means a person in which a donor creates a power of appointment.
Nev. Rev. Stat. § 164.005 — NV Code / Title 13 / Chapter 164 / Section 164.005
Applicability of provisions of chapters 132, 153 and 155 of NRS regulating matters of estates
Status: in_force

When not otherwise inconsistent with the provisions of chapters 162 to 167, inclusive, of NRS, all of the provisions of chapters 132, 153 and 155 of NRS regulating the matters of estates:

1. Apply to proceedings relating to trusts, as appropriate; or

2. May be applied to supplement the provisions of chapters 162 to 167, inclusive, of NRS.
Nev. Rev. Stat. § 160.120 — NV Code / Title 13 / Chapter 160 / Section 160.120
Compensation of guardian
Status: in_force

Compensation payable to a guardian must not exceed 5 percent of the income of the ward during any year. In the event of extraordinary services rendered by any guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing must be given to the proper office of the Department of Veterans Affairs in the manner provided in NRS 160.100 . No compensation may be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of the ward of the guardian reasonable premiums paid by him or her to any corporate surety upon his or her bond.
Nev. Rev. Stat. § 162A.130 — NV Code / Title 13 / Chapter 162A / Section 162A.130
“Record” defined
Status: in_force

“ Record ” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
Nev. Rev. Stat. § 166A.280 — NV Code / Title 13 / Chapter 166A / Section 166A.280
Liability to third person
Status: in_force

1. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property or a tort committed in the course of administering the custodial trust may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.

2. A custodial trustee is not personally liable to a third person: (a) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or (b) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.

3. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.

4. Subsections 2 and 3 do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
Nev. Rev. Stat. § 164.880 — NV Code / Title 13 / Chapter 164 / Section 164.880
Allocation of net receipts from sale of timber and related products to income or principal, or both; applicability
Status: in_force

1. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts: (a) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest; (b) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of timber or the net receipts are from the sale of standing timber; (c) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease of contract and applying the rules in paragraphs (a) and (b); or (d) To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to paragraph (a), (b) or (c).

2. In determining net receipts to be allocated pursuant to subsection 1, a trustee shall deduct and transfer to principal a reasonable amount for depletion.

3. NRS 164.780 to 164.925 , inclusive, apply whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.

4. If a trust owns an interest in timberland on October 1, 2003, the trustee may allocate net receipts from the sale of timber and related products as provided in NRS 164.780 to 164.925 , inclusive, or in the manner used by the trustee before October 1, 2003. If the trust acquires an interest in timberland after October 1, 2003, the trustee shall allocate net receipts from the sale of timber and related products as provided in NRS 164.780 to 164.925 , inclusive.
Nev. Rev. Stat. § 159.0809 — NV Code / Title 13 / Chapter 159 / Section 159.0809
Notification to interested persons and persons of natural affection required upon impending death or death of protected person or obtaining information concerning burial or cremation of protected person
Status: in_force

1. Except as otherwise provided in NRS 159.0807 , a guardian shall immediately notify all interested persons and persons of natural affection: (a) If the guardian reasonably believes that the death of the protected person is likely to occur within the next 30 days and such belief is based on information from a psychologist, physician or other health care provider of the protected person or a person otherwise qualified to provide such a medical opinion, including, without limitation, a health care provider employed by a hospice or by a hospital of the Department of Veterans Affairs. (b) Upon the death of the protected person. (c) Upon obtaining any information relating to the burial or cremation of the protected person.

2. The guardian shall provide notification pursuant to paragraph (b) of subsection 1: (a) In person or by telephone to the family members of the protected person or, if the protected person does not have any family members or does not have a relationship with any family members, the person of natural affection designated to receive such notification; (b) By electronic communication to any family member of the protected person or person of natural affection who has opted to receive notification by electronic communication; and (c) In writing to all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).
Nev. Rev. Stat. § 163.4187 — NV Code / Title 13 / Chapter 163 / Section 163.4187
Support interest: Beneficiary has enforceable right to distribution; court review
Status: in_force

1. A beneficiary of a support interest has an enforceable right to distribution thereof and may petition a court for review of the distribution.

2. A court may review a trustee's decision to distribute a support interest for unreasonableness, dishonesty, improper motivation or failure to act.
Nev. Rev. Stat. § 159A.0809 — NV Code / Title 13 / Chapter 159A / Section 159A.0809
Notification to interested persons and persons of natural affection required upon impending death or death of protected minor or obtaining information concerning burial or cremation of protected minor
Status: in_force

1. Except as otherwise provided in NRS 159A.0807 , a guardian shall immediately notify all interested persons and persons of natural affection: (a) If the guardian reasonably believes that the death of the protected minor is likely to occur within the next 30 days and such belief is based on information from a psychologist, physician or other health care provider of the protected minor or a person otherwise qualified to provide such a medical opinion, including, without limitation, a health care provider employed by a hospice or by a hospital of the Department of Veterans Affairs. (b) Upon the death of the protected minor. (c) Upon obtaining any information relating to the burial or cremation of the protected minor.

2. The guardian shall provide notification pursuant to paragraph (b) of subsection 1: (a) In person or by telephone to the family members of the protected minor or, if the protected minor does not have any family members or does not have a relationship with any family members, the person of natural affection designated to receive such notification; (b) By electronic communication to any family member of the protected minor or person of natural affection who has opted to receive notification by electronic communication; and (c) In writing to all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).
Nev. Rev. Stat. § 164.021 — NV Code / Title 13 / Chapter 164 / Section 164.021
Notice by trustee to beneficiary concerning change of revocable trust to irrevocable trust; contents of notice; limitation of action to contest validity of trust; exceptions
Status: in_force

1. When a revocable trust becomes irrevocable because of the death of a settlor or by the express terms of the trust, the trustee may, after the trust becomes irrevocable, provide notice to any beneficiary of the irrevocable trust, any heir of the settlor or to any other interested person.

2. The notice provided by the trustee must contain: (a) The identity of the settlor of the trust and the date of execution of the trust instrument; (b) The name, mailing address and telephone number of any trustee of the trust; (c) The dispositive provisions of the trust instrument which pertain to the beneficiary, a complete copy of the trust instrument or notice that the heir or interested person is not a beneficiary under the trust; (d) Any information required to be included in the notice expressly provided by the trust instrument; and (e) A statement set forth in a separate paragraph, in 12-point boldface type or an equivalent type which states: “You may not bring an action to contest the trust more than 120 days from the date this notice is provided to you.”

3. The trustee shall cause notice pursuant to this section to be provided in accordance with the provisions of NRS 155.010 .

4. Except as otherwise provided in this subsection, no person upon whom notice is provided pursuant to this section may bring an action to contest the validity of the trust more than 120 days from the date the notice is served upon the person, unless the person proves that he or she did not receive actual notice. A person upon whom notice is provided pursuant to this section may provide consent in writing to a period of less than 120 days in which the person may bring an action to contest the validity of the trust.

5. For the purposes of paragraph (c) of subsection 2, a copy of the trust instrument shall be considered complete if it includes all amendments and restatements to the trust instrument the trustee has determined to be in effect at the time of the death of the settlor after the trustee has exercised due diligence.

6. A trustee is not liable in providing information pursuant to paragraph (c) of subsection 2 to any person whom the trustee has determined, after the exercise of due diligence, to be a beneficiary, heir or interested person.
Nev. Rev. Stat. § 167.055 — NV Code / Title 13 / Chapter 167 / Section 167.055
Delivery, payment or expenditure of custodial property for benefit of minor
Status: in_force

1. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (a) The duty or ability of the custodian personally or of any other person to support the minor; or (b) Any other income or property of the minor which may be applicable or available for that purpose.

2. On petition of an interested person, or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the benefit of the minor so much of the custodial property as the court considers advisable for the use and benefit of the minor.

3. A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Nev. Rev. Stat. § 167.080 — NV Code / Title 13 / Chapter 167 / Section 167.080
Disclaimer, resignation, death or removal of custodian; designation of successor custodian; petition to remove or require bond of custodian
Status: in_force

1. A person nominated or designated as a custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated, the person who made the nomination may nominate a substitute custodian; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property. The custodian so designated has the rights of a successor custodian.

2. A custodian at any time may designate a trust company or an adult other than a transferor as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.

3. A custodian may resign at any time by delivering written notice to the minor, if the minor has attained the age of 14 years, and to the successor custodian and by delivering the custodial property to the successor custodian.

4. If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection 2, an adult member of the minor's family, a conservator of the minor or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.

5. A custodian who declines to serve under subsection 1 or resigns under subsection 3, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

6. A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the minor, the conservator of the minor, or the minor if he or she has attained the age of 14 years may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated, other than a transferor, or, in the alternative, that the custodian be required to give bond for the performance of his or her duties.
Nev. Rev. Stat. § 159A.083 — NV Code / Title 13 / Chapter 159A / Section 159A.083
General functions of guardian of estate
Status: in_force

A guardian of the estate shall:

1. Protect, preserve, manage and dispose of the estate of the protected minor according to law and for the best interests of the protected minor.

2. Apply the estate of the protected minor for the proper care, maintenance, education and support of the protected minor having due regard for other income or property available to support the protected minor.

3. Have such other authority and perform such other duties as are provided by law.
Nev. Rev. Stat. § 163.360 — NV Code / Title 13 / Chapter 163 / Section 163.360
Foreclosure; bidding in property
Status: in_force

A fiduciary may:

1. Foreclose, as an incident to the collection of any bond, note or other obligation, any mortgage, deed of trust or other lien securing such bond, note or other obligation;

2. Bid in the property at such foreclosure sale, or acquire the property by deed from the mortgagor or obligor without foreclosure; and

3. Retain the property so bid in or taken over without foreclosure.
Nev. Rev. Stat. § 162B.010 — NV Code / Title 13 / Chapter 162B / Section 162B.010
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 162B.015 to 162B.100 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 165.010 — NV Code / Title 13 / Chapter 165 / Section 165.010
Short title
Status: in_force

This chapter shall be cited as the Uniform Trustees' Accounting Act.
Nev. Rev. Stat. § 159.018 — NV Code / Title 13 / Chapter 159 / Section 159.018
“Home state” defined
Status: in_force

“ Home state ” means the state in which the proposed protected person was physically present for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a guardian.
Nev. Rev. Stat. § 159.3395 — NV Code / Title 13 / Chapter 159 / Section 159.3395
Protected person or attorney entitled to copies of accountings for trust created by or for benefit of protected person; submission of trust to jurisdiction of court
Status: in_force

A protected person or his or her attorney is entitled to receive copies of any accountings relating to any trusts created by or for the benefit of the protected person. A protected person may submit any trust to the jurisdiction of a court if:

1. The protected person, his or her spouse, or both the protected person and his or her spouse are grantors and sole beneficiaries of the income of the trust; or

2. The trust was created at the discretion of or with the consent of a court.