Nev. Rev. Stat. § 159A.167 — NV Code / Title 13 / Chapter 159A / Section 159A.167
Special sale of property of protected minor 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 minor, 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 minor 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 minor 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 minor to be sold or granted is an easement in or creates a servitude upon the protected minor's property.

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 minor 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 minor is contingent or dubious. (b) The interest or estate of the protected minor in such property is a servitude upon the property of another.
Nev. Rev. Stat. § 159.203 — NV Code / Title 13 / Chapter 159 / Section 159.203
Delivering property or paying obligations to foreign guardian
Status: in_force

1. Where a guardian of the estate for a nonresident has not been appointed in this state, but the nonresident has a foreign guardian and a person within this state is indebted to such nonresident or such nonresident has property within this state that is capable of being removed and which is on deposit with or in the possession of a resident of this state, and such property is not subject to a mortgage, pledge, lien or other encumbrance restricting removal of the property from this state, the person in possession of the property may deliver such property or the person indebted may pay such debt, to the foreign guardian. The delivery of such property or the payment of such debt is, to the extent of such delivery or payment, a release and discharge with respect to such property or debt.

2. The court may require such foreign guardian to post a bond in the same manner as required of a resident guardian and may enter such orders as are necessary to protect secured creditors of the protected person and unsecured creditors of the protected person who are residents of this state.
Nev. Rev. Stat. § 164.930 — NV Code / Title 13 / Chapter 164 / Section 164.930
Enforceability of certain arbitration provisions; presumption in favor of binding arbitration; appointment of guardian ad litem; contents of arbitration provisions
Status: in_force

1. A provision in a will or trust instrument requiring the arbitration of disputes other than disputes of the validity of all or a part of a will or trust, between or among one or more beneficiaries or fiduciaries under the will or trust, a settlor of a nontestamentary trust, or any combination of such persons or entities, is enforceable. Such a provision in a will or trust instrument is not subject to the requirements of NRS 597.995 .

2. Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under NRS 38.206 to 38.248 , inclusive. If an arbitration enforceable under this section is governed under NRS 38.206 to 38.248 , inclusive, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying the provisions of NRS 38.206 to 38.248 , inclusive.

3. The court is authorized to appoint a guardian ad litem at any time during the arbitration procedure to represent the interests of a minor or a person who is incapacitated, unborn, unknown or unascertained, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The guardian ad litem is entitled to reasonable compensation for services with such compensation to be paid from the principal of the estate or trust whose beneficiaries are represented. The provisions of NRS 164.038 and the common law relating to the doctrine of virtual representation apply to the dispute resolution procedure unless the common law rule or doctrine is inconsistent with the provisions of NRS 164.038 , and any action taken by a court enforcing the judgment is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise virtually represented.

4. Such arbitration in a provision in a will or trust may include, without limitation: (a) The number, method of selection and minimum qualifications of arbitrators; (b) The selection and establishment of arbitration procedures, including, without limitation, the incorporation of the arbitration rules for wills and trusts adopted by the American Arbitration Association; (c) The county in which the dispute resolution will take place; (d) The scope of discovery; (e) The burden of proof; (f) Confidentiality of the arbitration process and the evidence produced during arbitration and discovery; (g) The awarding of attorney's fees, expert fees and costs; (h) The time period in which the arbitration must be conducted and deciding an award; (i) The method of allocating the appointed person's fees and expenses among the parties; (j) The required appointment of guardians ad litem; (k) The consequences to a party who fails to act in accordance with such provisions or contests such provisions; and (l) Other matters which are not inconsistent with NRS 38.206 to 38.248 , inclusive.
Nev. Rev. Stat. § 163.4177 — NV Code / Title 13 / Chapter 163 / Section 163.4177
Factors which must not be considered exercising improper dominion or control over trust
Status: in_force

If a party asserts that a beneficiary or settlor is exercising improper dominion or control over a trust, the following factors, alone or in combination, must not be considered exercising improper dominion or control over a trust:

1. A beneficiary is serving as a trustee.

2. The settlor or beneficiary holds unrestricted power to remove or replace a trustee.

3. The settlor or beneficiary is a trust administrator, general partner of a partnership, manager of a limited-liability company, officer of a corporation or any other manager of any other type of entity and all or part of the trust property consists of an interest in the entity.

4. The trustee is a person related by blood, adoption or marriage to the settlor or beneficiary.

5. The trustee is the settlor or beneficiary's agent, accountant, attorney, financial adviser or friend.

6. The trustee is a business associate of the settlor or beneficiary.
Nev. Rev. Stat. § 162A.736 — NV Code / Title 13 / Chapter 162A / Section 162A.736
“Health care” defined
Status: in_force

“ Health care ” means care, treatment, service or procedure to maintain, monitor, diagnose or otherwise affect the physical or mental illness, injury or condition of an individual.
Nev. Rev. Stat. § 164.885 — NV Code / Title 13 / Chapter 164 / Section 164.885
Request of spouse if marital deduction is allowed and amounts transferred from principal to income and distributed are insufficient to obtain marital deduction; proceeds from sale or disposition of assets generally principal
Status: in_force

1. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the surviving spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under NRS 164.795 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection 1 of NRS 164.795 . The trustee may decide which action or combination of actions to take.

2. In cases not governed by subsection 1, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.
Nev. Rev. Stat. § 159.2025 — NV Code / Title 13 / Chapter 159 / Section 159.2025
Registration of guardianship orders issued in another state
Status: in_force

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 register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:

1. Certified copies of the order and letters of office; and

2. A copy of the guardian's driver's license, passport, permanent resident card, tribal identification card or other valid photo identification card in a sealed envelope.
Nev. Rev. Stat. § 163.0075 — NV Code / Title 13 / Chapter 163 / Section 163.0075
Validity of trust providing for care of one or more animals
Status: in_force

1. A trust created for the care of one or more animals that are alive at the time of the settlor's death is valid. Such a trust terminates upon the death of all animals covered by the terms of the trust. A settlor's expression of intent must be liberally construed in favor of the creation of such a trust.

2. Except as otherwise provided in this subsection, property of a trust described in subsection 1 may not be used in a manner inconsistent with its intended use. Except as otherwise directed by the terms of the trust, if a court determines that the value of a trust described in subsection 1 exceeds the amount required to care for the animal beneficiary, the excess amount must be distributed to the person who would have taken the trust property if the trust had terminated on the date of the distribution.

3. The intended use of a trust described in subsection 1 may be enforced by the trustee or, if a trustee was not designated, by a person appointed by the court to act as the trustee. A person having a demonstrated interest in the welfare of the animal beneficiary may petition the court for an order to appoint himself or herself as trustee or to remove the trustee. The court shall give preference for appointment to a person who demonstrates such an interest.
Nev. Rev. Stat. § 159A.057 — NV Code / Title 13 / Chapter 159A / Section 159A.057
Appointment of guardian for two or more proposed protected minors; powers, duties and termination of such guardianships
Status: in_force

1. Where the appointment of a guardian is sought for two or more proposed protected minors who are children of a common parent, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed protected minor or protected minors.

2. If a guardian is appointed for such proposed protected minors, the guardian: (a) Shall keep separate accounts of the estate of each protected minor; (b) May make investments for each protected minor; (c) May compromise and settle claims against one or more protected minors; and (d) May sell, lease, mortgage or otherwise manage the property of one or more protected minors.

3. The guardianship may be terminated with respect to less than all the protected minors in the same manner as provided by law with respect to a guardianship of a single protected minor.
Nev. Rev. Stat. § 163.170 — NV Code / Title 13 / Chapter 163 / Section 163.170
Power of beneficiary
Status: in_force

A beneficiary of a trust affected by NRS 163.010 to 163.200 , inclusive, may, if of full legal capacity and acting upon full information, by written instrument delivered to the trustee, relieve the trustee as to that beneficiary from any or all of the duties, restrictions and liabilities which would otherwise be imposed on the trustee by NRS 163.010 to 163.200 , inclusive, except as to the duties, restrictions and liabilities imposed by NRS 163.030 , 163.040 and 163.050 . The beneficiary may release the trustee from liability to him or her for past violations of any of the provisions of NRS 163.010 to 163.200 , inclusive.
Nev. Rev. Stat. § 159.199 — NV Code / Title 13 / Chapter 159 / Section 159.199
Discharge of guardian; exoneration of bond; order of discharge
Status: in_force

1. Upon the filing of receipts and vouchers showing compliance with the orders of the court in winding up the affairs of the guardianship, the court shall enter an order discharging the guardian and exonerating the bond of the guardian.

2. A guardian is not relieved of liability for his or her term as guardian until an order of discharge is entered and filed with the court.
Nev. Rev. Stat. § 167.029 — NV Code / Title 13 / Chapter 167 / Section 167.029
Transfer by debtor or person holding property of minor
Status: in_force

1. A person not subject to NRS 167.025 or 167.027 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to the provisions of this chapter.

2. If a person has nominated a custodian under NRS 167.033 to receive the custodial property, the transfer must be made to that person.

3. If no custodian has been nominated, or if all persons so nominated die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company, unless the property exceeds $10,000 in value.
Nev. Rev. Stat. § 163.200 — NV Code / Title 13 / Chapter 163 / Section 163.200
Uniformity of interpretation
Status: in_force

NRS 163.010 to 163.200 , inclusive, must be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Nev. Rev. Stat. § 163.590 — NV Code / Title 13 / Chapter 163 / Section 163.590
Disposition of trust property by reference to statement or list; requirements for admissibility of statement or list as evidence of intended disposition; uses of statement or list
Status: in_force

1. Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list, including, without limitation, a written statement or list contained in an electronic record, to dispose of items of trust property not otherwise specifically disposed of by the trust.

2. To be admissible as evidence of the intended disposition, the statement or list must contain: (a) The date of its execution. (b) A title indicating its purpose. (c) A reference to the trust to which it relates. (d) A reasonably certain description of the items to be disposed of and the beneficiaries. (e) The handwritten signature or electronic signature of the settlor.

3. The statement or list may be: (a) Referred to as a writing to be in existence at the death of the settlor. (b) Prepared before or after the execution of the trust instrument. (c) Altered by the settlor after its preparation. (d) A writing which has no significance apart from its effect upon the dispositions made by the trust.

4. Except as otherwise provided in this subsection, the statement or list may be used to dispose of all items of trust property, regardless of whether the trust property is real or personal property or tangible or intangible property. The trust instrument may limit the use of the statement or list so that the statement or list: (a) Is expressly limited to tangible personal property; (b) Cannot be used to direct the disposition of trust property that is above a value specified by the trust instrument; or (c) Is not applicable to certain types of property, including, without limitation: (1) Money; (2) Evidences of indebtedness; (3) Documents of title; (4) Securities; and (5) Property used in a trade or business.
Nev. Rev. Stat. § 164.070 — NV Code / Title 13 / Chapter 164 / Section 164.070
Short title
Status: in_force

NRS 164.070 to 164.100 , inclusive, may be cited as the Uniform Common Trust Fund Act.
Nev. Rev. Stat. § 163.285 — NV Code / Title 13 / Chapter 163 / Section 163.285
Continuation of business
Status: in_force

1. A fiduciary may, to the extent and upon such terms and conditions and for such periods of time as the fiduciary deems necessary or advisable, continue or participate in the operation of any business or other enterprise, whatever its form of organization, including but not limited to the power to: (a) Effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise; (b) Dispose of any interest therein or acquire the interest of others therein; (c) Contribute thereto or invest therein additional capital or to lend money thereto, in any such case upon such terms and conditions as the fiduciary approves from time to time; or (d) Determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate or trust set aside for use in the business or to the estate or trust as a whole; and

2. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it is not necessary to itemize receipts and disbursements and distributions of property but it is sufficient for the fiduciary to show in the account a single figure or consolidation of figures; and the fiduciary may account for money and property received from the business and any payments made to the business in lump sum without itemization.
Nev. Rev. Stat. § 166.150 — NV Code / Title 13 / Chapter 166 / Section 166.150
Accumulation of income
Status: in_force

An accumulation of the income of trust property may be directed in the will or other writing creating a spendthrift trust, for the benefit of one or more beneficiaries, to commence within the time permitted for the vesting of future interests and not to extend beyond the period limiting the time within which the absolute power of alienation of property may be suspended. If the direction is for a longer term than is permitted by law, it is void only as to the excess time, whether the direction be separable from the other clauses in the trust or not, and in such cases of invalidity the income may be paid and distributed to the next succeeding beneficiary in interest.
Nev. Rev. Stat. § 165.1201 — NV Code / Title 13 / Chapter 165 / Section 165.1201
Applicability to testamentary trusts; general duties of trustee
Status: in_force

1. Except as otherwise provided in this chapter, the provisions of NRS 165.1204 apply to a testamentary trust.

2. Except as otherwise provided by the will creating a testamentary trust or by a court order, until the termination of a testamentary trust, the trustee shall account for the income and principal of a testamentary trust in the same manner as required by a trustee of a nontestamentary trust pursuant to NRS 165.1201 to 165.148 , inclusive.
Nev. Rev. Stat. § 164.799 — NV Code / Title 13 / Chapter 164 / Section 164.799
Trustee or beneficiary authorized to petition court to take certain actions concerning unitrust
Status: in_force

A trustee or a beneficiary of a unitrust may petition the court to:

1. Select an income distribution percentage different from 3 to 5 percent.

2. Provide for a distribution of net income as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit.

3. Average the value of the trust assets over a period other than 3 years.

4. Reconvert a unitrust to a trust.
Nev. Rev. Stat. § 159.1535 — NV Code / Title 13 / Chapter 159 / Section 159.1535
Notice of sale of personal property of protected person: When required; manner of providing content
Status: in_force

1. Except as otherwise provided in this section and NRS 159.1515 and 159.152 , a guardian may sell the personal property of the protected person only after notice of the sale is: (a) Given to the: (1) Protected person; and (2) Spouse of the protected person and all other known relatives of the protected person who are within the second degree of consanguinity; and (b) Published in: (1) A newspaper that is published in the county in which the property, or some portion of the property, is located; or (2) If a newspaper is not published in the county in which the property, or some portion of the property, is located: (I) In a newspaper of general circulation in the county; or (II) In such other newspaper as the court orders.

2. Except as otherwise provided in this section, the notice of a sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.

3. For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

4. The notice must include, without limitation: (a) For a sale other than a sale described in paragraph (b): (1) A description of the personal property to be sold; and (2) The date, time and location that offers will be received. (b) For a sale on an appropriate auction website on the Internet: (1) A description of the personal property to be sold; (2) The date the personal property will be listed; and (3) The Internet address of the website on which the sale will be posted.

5. Notice of a sale is not required to be published pursuant to this section if the gross value of the estate of the protected person is less than $10,000.
Nev. Rev. Stat. § 159.1997 — NV Code / Title 13 / Chapter 159 / Section 159.1997
Taking testimony in another state
Status: in_force

1. In a guardianship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

2. In a guardianship proceeding, a court of this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this State shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

3. Documentary evidence transmitted from a court of another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on NRS 52.235 .
Nev. Rev. Stat. § 163.004 — NV Code / Title 13 / Chapter 163 / Section 163.004
Creation: Terms; revocability; rules of construction
Status: reserved

1. Except as otherwise provided by law, the terms of a trust instrument may expand, restrict, eliminate or otherwise vary the rights and interests of beneficiaries in any manner that is not illegal or against public policy, including, without limitation: (a) The right to be informed of the beneficiary's interest for a period of time; (b) The grounds for the removal of a fiduciary; (c) The circumstances, if any, in which the fiduciary must diversify investments; (d) A fiduciary's powers, duties, standards of care, rights of indemnification and liability to persons whose interests arise from the trust instrument; and (e) The provisions of general applicability to trusts and trust administration.

2. A trust is irrevocable except to the extent that a right to revoke the trust is expressly reserved by the settlor under the terms of the trust instrument. Any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including, without limitation, the power or right to amend the trust, does not render or make a trust revocable.

3. Nothing in this section shall be construed to: (a) Authorize the exculpation or indemnification of a fiduciary for the fiduciary's own willful misconduct or gross negligence; or (b) Preclude a court of competent jurisdiction from removing a fiduciary because of the fiduciary's willful misconduct or gross negligence.

4. The rule that statutes in derogation of the common law are to be strictly construed has no application to this section. This section must be liberally construed to give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments.
Nev. Rev. Stat. § 161.030 — NV Code / Title 13 / Chapter 161 / Section 161.030
Termination of conservatorship: Delivery of property
Status: in_force

1. At any time upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the delivery of all property held thereunder to the absentee or to the designated attorney-in-fact.

2. If at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for the estate of the deceased absentee, the court shall direct the termination of the conservatorship and the delivery of all property of the deceased absentee held thereunder to such executor or administrator.
Nev. Rev. Stat. § 166.080 — NV Code / Title 13 / Chapter 166 / Section 166.080
Beneficiaries to be named
Status: in_force

The beneficiary or beneficiaries of such trust shall be named or clearly referred to in the writing. No spouse, former spouse, child or dependent shall be a beneficiary unless named or clearly referred to as a beneficiary in the writing.
Nev. Rev. Stat. § 163.480 — NV Code / Title 13 / Chapter 163 / Section 163.480
“Split interest trust” defined
Status: in_force

“Split interest trust” means a trust for individual and charitable beneficiaries as defined in and subject to the provisions of Section 4947(a)(2).
Nev. Rev. Stat. § 163.5547 — NV Code / Title 13 / Chapter 163 / Section 163.5547
“Trust protector” defined
Status: in_force

“ Trust protector ” means any person whose appointment is provided for in the instrument.
Nev. Rev. Stat. § 159A.1515 — NV Code / Title 13 / Chapter 159A / Section 159A.1515
Sale of personal property of protected minor by guardian without notice
Status: in_force

1. A guardian may sell, dispose of or authorize the immediate destruction of personal property of the protected minor without notice, and title to the property passes without confirmation by the court if: (a) The property will depreciate in value if not disposed of promptly; (b) The property will incur loss or expense by being kept; (c) The property has been contaminated by vermin or biological or chemical agents and the expenses related to the decontamination of the property cause salvage to be impractical; (d) The property constitutes an immediate threat to the public health or safety; or (e) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination.

2. The guardian is responsible for the actual value of the personal property unless the guardian obtains confirmation by the court of the sale.
Nev. Rev. Stat. § 163.00195 — NV Code / Title 13 / Chapter 163 / Section 163.00195
Enforcement of no-contest clauses; exceptions
Status: in_force

1. Except as otherwise provided in subsection 4, a no-contest clause in a trust must be enforced, to the greatest extent possible, by the court according to the terms expressly stated in the no-contest clause without regard to the presence or absence of probable cause for, or the good faith or bad faith of the beneficiary in, taking the action prohibited by the no-contest clause. A no-contest clause in a trust must be enforced by the court because public policy favors enforcing the intent of the settlor.

2. No extrinsic evidence is admissible to establish the settlor's intent concerning the no-contest clause to the extent such intent is clear and unambiguous. The provisions of this subsection do not prohibit extrinsic evidence from being admitted for any other purpose authorized by law.

3. Except as otherwise provided in subsection 4, a beneficiary's share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the settlor in the trust. Such conduct may include, without limitation: (a) Conduct other than formal court action; and (b) Conduct which is unrelated to the trust itself, including, without limitation: (1) The commencement of civil litigation against the settlor's probate estate or family members; (2) Interference with the administration of another trust or a business entity; (3) Efforts to frustrate the intent of the settlor's power of attorney; and (4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the settlor.

4. Notwithstanding any provision to the contrary in the trust, a no-contest clause in a trust must not be enforced by a court and a beneficiary's share must not be reduced or eliminated under a no-contest clause in a trust because: (a) A beneficiary acts to: (1) Enforce the clear and unambiguous terms of the trust, a transfer of property into the trust, any document referenced in or affected by the trust, or any other trust-related instrument; (2) Enforce the legal rights of the beneficiary that provide the beneficiary standing as related to: (I) The trust; (II) A transfer of property into the trust; (III) Any document referenced in or affected by the trust; or (IV) Any other trust-related instrument; (3) Obtain court instruction with respect to the proper administration of the trust or the construction or legal effect of the trust, a transfer of property into the trust, any document referenced in or affected by the trust, or any other trust-related instrument; or (4) Enforce the fiduciary duties of the trustee. (b) The court determines by clear and convincing evidence that the conduct of the beneficiary was: (1) A product of coercion or undue influence; or (2) Caused by the lack of sufficient mental capacity to knowingly engage in the conduct. (c) A beneficiary acts as a trustee or a protector of the trust to exercise a power set forth in the trust, including, without limitation: (1) Reforming, modifying or decanting the trust; (2) Removing or replacing a trustee; (3) Making or withholding distributions from the trust; or (4) Exercising any other discretionary power. (d) A beneficiary or any other interested person enters into an agreement to settle a dispute or resolve any other matter relating to the trust. (e) A beneficiary institutes legal action seeking to invalidate a trust, the transfer of property into a trust, any document referenced in or affected by the trust, or any other trust-related instrument if the legal action is instituted and maintained in good faith and based on probable cause. For the purposes of this paragraph, legal action is based on probable cause where, based upon the facts and circumstances available to the beneficiary who commences such legal action, a reasonable person, properly informed and advised, would conclude that the trust, the transfer of property into the trust, any document referenced in or affected by the trust or any other trust-related instrument is invalid. (f) Unless the trust expressly provides otherwise, a settlor is also a beneficiary of the trust.

5. Where a beneficiary takes action, asserts a cause of action or asserts a request for relief and such action or assertion violates a no-contest clause in a trust, this section must not prevent the enforcement of the no-contest clause unless the action, cause of action or request for relief claims one of the exceptions to enforcement set forth in subsection 4.

6. Except as otherwise provided in subsection 4, subject to the discretion of the trustee: (a) A trustee may suspend distributions to a beneficiary to the extent that, under a no-contest provision, the conduct of the beneficiary may cause the reduction or elimination of the interest of the beneficiary in the trust. (b) Until a court determines whether the interest of the beneficiary in the trust has been reduced or eliminated, a trustee may: (1) Resume distributions that were suspended pursuant to paragraph (a) at any time; or (2) Continue to suspend those distributions. (c) To the extent that a beneficiary has received distributions before engaging in conduct that potentially would have caused the reduction or elimination of the interest of the beneficiary in the trust under a no-contest clause, a trustee may seek reimbursement from the beneficiary or may offset those distributions.

7. A no-contest clause applies to an amendment to the trust or trust-related document even if the no-contest clause was not expressly incorporated in such an amendment.

8. As used in this section: (a) “ No-contest clause ” means one or more provisions in a trust that express a directive to reduce or eliminate the share allocated to a beneficiary or to reduce or eliminate the distributions to be made to a beneficiary if the beneficiary takes action to frustrate or defeat the settlor's intent as expressed in the trust or in a trust-related instrument. The term does not include: (1) Provisions in a trust that shift or apportion attorney's fees and costs incurred by the trust against the share allocated to a beneficiary who has asserted an unsuccessful claim, defense or objection; (2) Provisions in a trust that permit a trustee to delay distributions to a beneficiary; (3) Provisions in a trust that require the arbitration of disputes involving the trust; (4) A forum selection clause in the trust; or (5) Provisions in a trust that make a devise conditional or specify conditions or actions pursuant to NRS 163.558 . (b) “ Trust ” means the original trust instrument and each amendment made pursuant to the terms of the original trust instrument. (c) “ Trust-related instrument ” means any document purporting to transfer property to or from the trust or any document made pursuant to the terms of the trust purporting to direct the distribution of trust assets or to affect the management of trust assets, including, without limitation, documents that attempt to exercise a power of appointment.
Nev. Rev. Stat. § 162B.020 — NV Code / Title 13 / Chapter 162B / Section 162B.020
“Appointive property” defined
Status: in_force

“ Appointive property ” means the property or property interest subject to a power of appointment.
Nev. Rev. Stat. § 159.036 — NV Code / Title 13 / Chapter 159 / Section 159.036
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. § 162C.330 — NV Code / Title 13 / Chapter 162C / Section 162C.330
Duty to report abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person
Status: in_force

1. The provisions of this chapter must not be construed to affect the requirement of any person to report the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person as provided in NRS 200.5091 to 200.50995 , inclusive.

2. As used in this section, the words and terms defined in NRS 200.5091 to 200.50995 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 159.0535 — NV Code / Title 13 / Chapter 159 / Section 159.0535
Attendance of proposed protected person at hearing
Status: in_force

1. A proposed protected person who is found in this State must attend the hearing for the appointment of a guardian unless: (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person; (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person; or (c) The proposed protected person, through court-appointed or retained counsel, waives his or her appearance.

2. A proposed protected person found in this State who cannot attend the hearing for the appointment of a temporary, general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by telephone or by videoconference or any other means that uses audio-video communication.

3. If the proposed protected person is not in this State, the proposed protected person must attend the hearing only if the court determines that the attendance of the proposed protected person is necessary in the interests of justice.

4. As used in this section, “ audio-video communication ” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.
Nev. Rev. Stat. § 159.073 — NV Code / Title 13 / Chapter 159 / Section 159.073
Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances
Status: in_force

1. Every guardian, before entering upon his or her duties as guardian and before letters of guardianship may issue, shall: (a) Take and subscribe the official oath which must: (1) Be endorsed on the letters of guardianship; and (2) State that the guardian will well and faithfully perform the duties of guardian according to law. (b) File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and the residence and post office addresses of the guardian. (c) Except as otherwise required in subsection 2, make and file in the proceeding a verified acknowledgment of the duties and responsibilities of a guardian. The acknowledgment must set forth: (1) A summary of the duties, functions and responsibilities of a guardian, including, without limitation, the duty to: (I) Act in the best interest of the protected person at all times. (II) Provide the protected person with medical, surgical, dental, psychiatric, psychological, hygienic or other care and treatment as needed, with adequate food and clothing and with safe and appropriate housing. (III) Protect, preserve and manage the income, assets and estate of the protected person and utilize the income, assets and estate of the protected person solely for the benefit of the protected person. (IV) Maintain the assets of the protected person in the name of the protected person or the name of the guardianship. Except when the spouse of the protected person is also his or her guardian, the assets of the protected person must not be commingled with the assets of any third party. (V) Provide notification of the death of the protected person in accordance with NRS 159.0809 . (2) A summary of the statutes, regulations, rules and standards governing the duties of a guardian. (3) A list of actions regarding the protected person that require the prior approval of the court. (4) A statement of the need for accurate recordkeeping and the filing of annual reports with the court regarding the finances and well-being of the protected person.

2. The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and, in lieu thereof, require the public guardian or private professional guardian to file a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.
Nev. Rev. Stat. § 159A.0895 — NV Code / Title 13 / Chapter 159A / Section 159A.0895
Assets retained to pay expenses of funeral and disposal of remains of protected minor: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected minor
Status: in_force

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

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

3. Assets so retained may be disbursed for the protected minor's funeral or the disposal of his or her remains without prior authorization of the court. An amount not so disbursed becomes part of the protected minor's estate.
Nev. Rev. Stat. § 159A.0345 — NV Code / Title 13 / Chapter 159A / Section 159A.0345
Court authorized to alter requirements concerning publication of notice or citation
Status: in_force

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

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

2. Extend or shorten the time in which the publications must be made.
Nev. Rev. Stat. § 159A.015 — NV Code / Title 13 / Chapter 159A / Section 159A.015
“Court” defined
Status: in_force

“ Court ” means any court or judge having jurisdiction of the persons and estates of minors.
Nev. Rev. Stat. § 159.103 — NV Code / Title 13 / Chapter 159 / Section 159.103
Claims against estate of protected person
Status: in_force

A guardian of the estate shall pay from the guardianship estate pursuant to NRS 159.105 , 159.107 and 159.109 all just claims against the protected person, the estate or the guardian as such, whether accruing before or after the appointment of the guardian and whether arising in contract, in tort or otherwise.
Nev. Rev. Stat. § 159A.0805 — NV Code / Title 13 / Chapter 159A / Section 159A.0805
Approval of court required before guardian may consent to certain treatment of or experiment on protected minor; conditions for approval
Status: in_force

1. Except as otherwise provided in subsection 2, a guardian shall not consent to: (a) The experimental medical, biomedical or behavioral treatment of a protected minor; (b) The sterilization of a protected minor; or (c) The participation of a protected minor in any biomedical or behavioral experiment.

2. The guardian may consent to and commence any treatment or experiment described in subsection 1 if the guardian applies to and obtains from the court authority to consent to and commence the treatment or experiment.

3. The court may authorize the guardian to consent to and commence any treatment or experiment described in subsection 1 only if the treatment or experiment: (a) Is of direct benefit to, and intended to preserve the life of or prevent serious impairment to the mental or physical health of, the protected minor; or (b) Is intended to assist the protected minor to develop or regain the protected minor's abilities.
Nev. Rev. Stat. § 159A.052 — NV Code / Title 13 / Chapter 159A / Section 159A.052
Temporary guardian for proposed protected minor in need of immediate medical attention: Petition for appointment; conditions; required notice; extension
Status: in_force

1. A petitioner may request the court to appoint a temporary guardian for a proposed protected minor who is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian. To support the request, the petitioner must set forth in a petition and present to the court under oath: (a) Documentation which shows that the proposed protected minor needs immediate medical attention and, without the appointment of a temporary guardian, cannot obtain that medical attention. Such documentation must include, without limitation, a copy of the birth certificate of the proposed protected minor or other documentation verifying the age of the proposed protected minor. (b) Facts which show that: (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 by telephone or in writing before the filing of the petition; (2) The proposed protected minor would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159A.047 before the court determines whether to appoint a temporary guardian; or (3) Giving notice to the persons entitled to notice pursuant to NRS 159A.047 is not feasible under the circumstances.

2. The court may appoint a temporary guardian to serve for 10 days if the court: (a) Finds reasonable cause to believe that the proposed protected minor is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian; and (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 , including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

4. If, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstances or determined that such notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159A.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

5. Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, if the court finds by clear and convincing evidence that the protected minor continues to be in need of immediate medical attention which he or she cannot obtain without the extension of the temporary guardianship, the court may, pursuant to subsection 8, extend the temporary guardianship until a general guardian is appointed.

6. If the court appoints a temporary guardian or extends a temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the need for immediate medical attention.

7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that: (a) The provisions of NRS 159A.0475 have been satisfied; or (b) Notice by publication pursuant to the Nevada Rules of Civil Procedure is currently being undertaken.

8. The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods.
Nev. Rev. Stat. § 159A.203 — NV Code / Title 13 / Chapter 159A / Section 159A.203
Delivering property or paying obligations to foreign guardian
Status: in_force

1. Where a guardian of the estate for a nonresident has not been appointed in this State, but the nonresident has a foreign guardian and a person within this State is indebted to such nonresident or such nonresident has property within this State that is capable of being removed and which is on deposit with or in the possession of a resident of this State, and such property is not subject to a mortgage, pledge, lien or other encumbrance restricting removal of the property from this State, the person in possession of the property may deliver such property or the person indebted may pay such debt, to the foreign guardian. The delivery of such property or the payment of such debt is, to the extent of such delivery or payment, a release and discharge with respect to such property or debt.

2. The court may require such foreign guardian to post a bond in the same manner as required of a resident guardian and may enter such orders as are necessary to protect secured creditors of the protected minor and unsecured creditors of the protected minor who are residents of this State.
Nev. Rev. Stat. § 167.025 — NV Code / Title 13 / Chapter 167 / Section 167.025
Transfer authorized in will or trust
Status: in_force

1. A personal representative or trustee may make an irrevocable transfer pursuant to the provisions of this chapter to a custodian for the benefit of a minor as authorized in the governing will or trust.

2. If the testator or settlor has nominated a custodian to receive the custodial property, the transfer must be made to that person.

3. If the testator or settlor has not nominated a custodian, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee shall designate the custodian from among those eligible to serve as custodian for property of that kind.
Nev. Rev. Stat. § 159A.215 — NV Code / Title 13 / Chapter 159A / Section 159A.215
Guardian of person of minor child of member of Armed Forces
Status: in_force

1. A member of the Armed Forces of the United States, a reserve component thereof or the National Guard may, by written instrument and without the approval of a court, appoint any adult residing in this State who is not incapacitated as the guardian of the person of a minor child who is a dependent of that member. The instrument must be: (a) Executed by both parents if living, not divorced and having legal custody of the child, otherwise by the parent having legal custody; and (b) Acknowledged in the same manner as a deed. If both parents do not execute the instrument, the executing parent shall send by certified mail, return receipt requested, to the other parent at his or her last known address, a copy of the instrument and a notice of the provisions of subsection 3.

2. The instrument must contain a provision setting forth the: (a) Branch of the Armed Forces; (b) Unit of current assignment; (c) Current rank or grade; and (d) Social security number or service number, of the parent who is the member.

3. The appointment of a guardian pursuant to this section: (a) May be terminated by a written instrument signed by either parent of the child if that parent has not been deprived of his or her parental rights to the child; and (b) Is terminated by any order of a court.
Nev. Rev. Stat. § 159.179 — NV Code / Title 13 / Chapter 159 / Section 159.179
Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost
Status: in_force

1. An account made and filed by a guardian of the estate or special guardian who is authorized to manage the property of a protected person must include, without limitation, the following information: (a) The period covered by the account. (b) The assets of the protected person at the beginning and end of the period covered by the account, including the beginning and ending balances of any accounts. (c) All cash receipts and disbursements during the period covered by the account, including, without limitation, any disbursements for the support of the protected person or other expenses incurred by the estate during the period covered by the account. (d) All claims filed and the action taken regarding the account. (e) Any changes in the property of the protected person due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the property holdings of the protected person as reported in the original inventory or the preceding account, including, without limitation, any income received during the period covered by the account. (f) Any other information the guardian considers necessary to show the condition of the affairs of the protected person. (g) Any other information required by the court.

2. All expenditures included in the account must be itemized.

3. If the account is for the estates of two or more protected persons, it must show the interest of each protected person in the receipts, disbursements and property. As used in this subsection, “ protected person ” includes a protected minor.

4. Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. A guardian shall produce such receipts or vouchers upon the request of the court, the protected person to whom the receipt or voucher pertains, the attorney of such a protected person or any interested person. The guardian shall file such receipts or vouchers with the court only if the court orders the filing.

5. On the court's own motion or on ex parte application by an interested person which demonstrates good cause, the court may: (a) Order production of the receipts or vouchers that support the account; and (b) Examine or audit the receipts or vouchers that support the account.

6. If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that: (a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and (b) Expenses were paid in good faith and were valid charges against the estate.
Nev. Rev. Stat. § 162.170 — NV Code / Title 13 / Chapter 162 / Section 162.170
Registration in name of fiduciary
Status: in_force

A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.
Nev. Rev. Stat. § 164.745 — NV Code / Title 13 / Chapter 164 / Section 164.745
Satisfaction of prudent investor standard; evaluation of decisions; consideration of circumstances; verification of facts; types of investments; special skills or expertise of trustee
Status: in_force

1. A trustee shall invest and manage trust property as a prudent investor would, considering the terms, purposes, requirements for distribution, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.

2. A trustee's decisions concerning investment and management as applied to individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as part of an overall strategy of investment having objectives for risk and return reasonably suited to the trust.

3. Among circumstances that a trustee shall consider in investing and managing trust property are such of the following as are relevant to the trust or its beneficiaries: (a) General economic conditions; (b) The possible effect of inflation or deflation; (c) The expected tax consequences of decisions or strategies; (d) The role that each investment or course of action plays within the overall trust portfolio; (e) The expected total return from income and the appreciation of capital; (f) Other resources of the beneficiaries; (g) Needs for liquidity, regularity of income, and preservation or appreciation of capital; and (h) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

4. A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust property.

5. A trustee may invest in any kind of property or type of investment consistent with the standards of NRS 164.700 to 164.775 , inclusive, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property.

6. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee’s representation that he or she has special skills or expertise, has a duty to use those special skills or expertise.
Nev. Rev. Stat. § 162C.067 — NV Code / Title 13 / Chapter 162C / Section 162C.067
“Sign” defined
Status: in_force

“ Sign ” has the meaning ascribed to it in NRS 162A.140 .
Nev. Rev. Stat. § 159.075 — NV Code / Title 13 / Chapter 159 / Section 159.075
Letters of guardianship
Status: in_force

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

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

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on __________ (month) __________(day) __________(year).
Nev. Rev. Stat. § 163.557 — NV Code / Title 13 / Chapter 163 / Section 163.557
Circumstances under which trustee is authorized to reimburse settlor for tax on trust income or principal
Status: in_force

1. A governing trust instrument may authorize the trustee, in the sole discretion of the trustee or at the direction or with the consent of a directing trust adviser, to reimburse a settlor for all or a portion of tax on trust income or principal that is payable by the settlor under the law imposing such tax. In the sole discretion of the trustee, the trustee may pay such amount to the settlor directly or to an appropriate taxing authority on behalf of the settlor.

2. A trustee or directing trust adviser is not liable to any person in exercising such discretion to reimburse or not reimburse a settlor for tax payable by the settlor on trust income or principal pursuant to subsection 1.

3. The power of a trustee to make a payment to or for the benefit of a settlor in accordance with subsection 1 or the decision of a trustee to exercise such power in favor of the settlor must not cause the settlor to be treated as a beneficiary for purposes of the laws of this State. As used in this subsection, “beneficiary” has the meaning ascribed to it in NRS 163.4147 .
Nev. Rev. Stat. § 163.4185 — NV Code / Title 13 / Chapter 163 / Section 163.4185
Classifications of distribution interests
Status: in_force

1. A distribution interest may be classified as: (a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution. (b) A support interest if the trustee is mandatorily required to make distributions to the beneficiary upon the determination of the trustee that the distribution will satisfy a defined ascertainable standard set forth in the instrument and, upon such a determination, the trust instrument does not otherwise condition such distribution authority on the further discretion of the trustee. (c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.

2. If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as: (a) A mandatory interest only to the extent of the mandatory language provided in the trust; (b) A support interest only to the extent of the support language provided in the trust; and (c) A discretionary interest for any remaining trust property.

3. If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.

4. As used in this section, “ ascertainable standard ” means a standard relating to a person's health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code , 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1) , and any regulations of the United States Treasury promulgated thereunder.
Nev. Rev. Stat. § 162C.220 — NV Code / Title 13 / Chapter 162C / Section 162C.220
Authority of supporter to assist principal with obtaining certain information
Status: in_force

1. In addition to the activities set forth in NRS 162C.210 , a supporter may assist the principal with obtaining any information to which the principal is entitled, including, without limitation, a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 , as amended, or educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , and any regulations adopted pursuant thereto.

2. A supporter shall ensure that all information collected on behalf of a principal pursuant to this section is: (a) Kept privileged and confidential, as applicable; (b) Not subject to unauthorized access, use or disclosure; and (c) Properly disposed of when appropriate.
Nev. Rev. Stat. § 166A.350 — NV Code / Title 13 / Chapter 166A / Section 166A.350
Applicable law
Status: in_force

1. This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary or custodial trustee is a resident of or has its principal place of business in this State or custodial trust property is located in this State. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary or custodial trustee, or removal of the custodial trust property from this State.

2. A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in this State.
Nev. Rev. Stat. § 167.045 — NV Code / Title 13 / Chapter 167 / Section 167.045
Rights of custodian
Status: in_force

1. A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that an unmarried adult has over his or her own property, but a custodian may exercise those rights, powers and authority in that capacity only.

2. This section does not relieve a custodian from liability for breach of any of the provisions of NRS 167.050 .
Nev. Rev. Stat. § 162A.070 — NV Code / Title 13 / Chapter 162A / Section 162A.070
“Incapacity” defined
Status: in_force

“ Incapacity ” means the inability of an individual to manage property or business affairs because the individual:

1. Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

2. Is: (a) Missing; (b) Detained, including incarcerated in a penal system; or (c) Outside the United States and unable to return,

as determined by a court of competent jurisdiction or, if an instrument executed pursuant to this chapter specifically provides a different method for determining the incapacity of an individual for the purposes of this chapter, as determined by the method set forth in that instrument.
Nev. Rev. Stat. § 163.551 — NV Code / Title 13 / Chapter 163 / Section 163.551
Administration and enforcement; definitions
Status: in_force

1. A public benefit trust must be administered in accordance with the terms of the trust instrument. Except to the extent otherwise provided for in the trust instrument: (a) Any person appointed by the terms of the trust instrument may enforce the terms of the public benefit trust or, if there is no such person or if such a person is no longer willing or able to serve as a person appointed to enforce the trust, the terms of the trust may be enforced by the Attorney General, the district attorney of the county in which the trust is domiciled or a person appointed by the district court in the county in which the trust is domiciled. (b) A petition for an order that appoints a person to enforce the terms of the public benefit trust or to remove the person who has been appointed to enforce the terms of the trust may be filed with the district court in the county in which the trust is domiciled by the Attorney General, by the district attorney in the county in which the trust is domiciled or by any person who has an interest, other than a general public interest, in the declared purpose of the trust. (c) The principal and income of the public benefit trust may be applied only to its intended use. (d) Upon the termination of the public benefit trust, any assets of the trust and any undistributed income must be distributed in accordance with the terms of the trust or, in the absence of such terms, to the estate of the settlor. (e) If a specific purpose of the public benefit trust becomes illegal under the United States Constitution or the Nevada Constitution, the trust must continue in force as if the illegal purpose was not included in the trust instrument. If no purpose of the public benefit trust is lawful, the district court in the county in which the trust is domiciled may, upon the petition of an interested person or upon its own motion, reform the trust to continue for lawful purposes similar to those intended by the settlor. If the court determines that a reformation of the public benefit trust is not practical or will not accomplish the objectives of the settlor, the trust must terminate and its assets and undistributed income must be distributed pursuant to paragraph (d). (f) Except as ordered by the district court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment or fee is required by reason of the existence of the fiduciary relationship of the trustee or trustees of the public benefit trust. (g) If no trustee is designated or no designated trustee is willing or able to act, the district court in the county in which the trust is domiciled shall name one or more trustees and may make such other orders and determinations as are advisable to carry out the interest of the settlor and the purposes of the public benefit trust.

2. As used in this section, “ public benefit trust ” means a valid trust without identifiable beneficiaries that is not a charitable trust, but which: (a) Is established to further one or more specifically declared religious, scientific, literary, educational, community development, personal improvement or philanthropic purposes that is not illegal or against public policy; (b) Provides that the trust principal or income, or both, will provide a benefit, but not necessarily principal or income, to the general public or to one or more classes or groups of persons, including, without limitation, a government, a governmental agency and any political subdivision of a government, that are to be identified in the trustee's discretion; (c) Does not allow any benefit to the trustee or any cotrustee, except as to the payment of reasonable compensation and the reimbursement of expenses incurred for the benefit of the trust; and (d) Does not violate the rule against perpetuities as set forth in NRS 111.103 to 111.1039 , inclusive.
Nev. Rev. Stat. § 162C.010 — NV Code / Title 13 / Chapter 162C / Section 162C.010
Short title
Status: in_force

This chapter may be cited as the Supported Decision-Making Act.
Nev. Rev. Stat. § 166A.250 — NV Code / Title 13 / Chapter 166A / Section 166A.250
Use of custodial trust property
Status: in_force

1. A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.

2. If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income or property of the beneficiary.

3. A custodial trustee may establish checking, savings or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
Nev. Rev. Stat. § 159A.025 — NV Code / Title 13 / Chapter 159A / Section 159A.025
“Proposed protected minor” defined
Status: in_force

“ Proposed protected minor ” means any 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. § 163.5537 — NV Code / Title 13 / Chapter 163 / Section 163.5537
“Distribution trust adviser” defined
Status: in_force

“ Distribution trust adviser ” means a fiduciary given authority by an instrument to exercise any or all powers and discretion set forth in NRS 163.5557 .
Nev. Rev. Stat. § 159A.315 — NV Code / Title 13 / Chapter 159A / Section 159A.315
Order of court upon findings concerning allegations that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property; nonappearance or noncompliance by person cited; effect of order
Status: in_force

1. If the court finds, after examination of a person cited pursuant to NRS 159A.305 , that the person has committed an act: (a) Set forth in paragraph (a) of subsection 1 of NRS 159A.305 , the court may order the person to return the asset or the value of the asset to the guardian of the estate; or (b) Set forth in paragraph (b) of subsection 1 of NRS 159A.305 , the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

2. The court may hold a person who is cited pursuant to NRS 159A.305 in contempt of court and deal with the person accordingly if the person: (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or (b) Fails to comply with an order of the court issued pursuant to subsection 1.

3. An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed protected minor or the estate of the protected minor to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

4. If the person who is cited pursuant to NRS 159A.305 appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed protected minor or the estate of the protected minor, the court may order: (a) The proposed protected minor or the estate of the protected minor to pay the attorney's fees and costs of the respondent; or (b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney's fees and costs of the respondent.
Nev. Rev. Stat. § 159A.0483 — NV Code / Title 13 / Chapter 159A / Section 159A.0483
Attorney for protected minor or proposed protected minor
Status: in_force

A protected minor or proposed protected minor who is the subject of proceedings held pursuant to this chapter may be represented by an attorney at all stages of the proceedings. If the protected minor or proposed protected minor is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.
Nev. Rev. Stat. § 159A.095 — NV Code / Title 13 / Chapter 159A / Section 159A.095
Representing protected minor in legal proceedings
Status: in_force

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

4. If the protected minor 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. § 163.027 — NV Code / Title 13 / Chapter 163 / Section 163.027
Distribution of property or money of trust: Powers of trustee; manner; consent of affected beneficiaries required for distribution without proration under certain circumstances
Status: in_force

1. Except as otherwise provided in subsection 2 or in the trust, a trustee may distribute property and money: (a) In divided or undivided interests; and (b) With or without proration.

2. Each affected beneficiary must consent before property or money is distributed without proration unless the trust specifically authorizes the trustee to make that distribution or the distribution is otherwise authorized by law.
Nev. Rev. Stat. § 159A.2027 — NV Code / Title 13 / Chapter 159A / Section 159A.2027
Effect of registration of guardianship orders issued in another state
Status: in_force

1. Upon registration of a guardianship, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State.

2. A court of this State may grant any relief available under any law of this State to enforce a registered order.

3. A court of this State shall recognize and enforce, but shall not modify, a registered guardianship of a court of another state.
Nev. Rev. Stat. § 163.345 — NV Code / Title 13 / Chapter 163 / Section 163.345
Participation in reorganization
Status: in_force

A fiduciary may:

1. Unite with other owners of property similar to any which may be held at any time in the decedent's estate or in any trusts in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease or sale of the property, incorporation or reincorporation, reorganization or readjustment of the capital or financial structure of any corporation, company or association the securities of which may form any portion of an estate or trust;

2. Become and serve as a member of a stockholders or bondholders protective committee;

3. Deposit securities in accordance with any plan agreed upon;

4. Pay any assessments, expenses or sums of money that may be required for the protection or furtherance of the interest of the distributees of an estate or beneficiaries of any trust with reference to any such plan; and

5. Receive as investments of any estate or any trust any securities issued as a result of the execution of such plan.
Nev. Rev. Stat. § 159A.091 — NV Code / Title 13 / Chapter 159A / Section 159A.091
Discovery of debts or property
Status: in_force

Upon the filing of a petition in the guardianship proceeding by the guardian, the protected minor or any other interested person, alleging that any person is indebted to the protected minor, has or is suspected of having concealed, embezzled, converted or disposed of any property of the protected minor or has possession or knowledge of any such property or of any writing relating to such property, the court may require the person to appear and answer under oath concerning the matter.
Nev. Rev. Stat. § 159.146 — NV Code / Title 13 / Chapter 159 / Section 159.146
Hearing to confirm sale of real property: Considerations; conditions for confirmation; actions of court if sale is not confirmed; continuance; circumstances in which sale is confirmed without bidding
Status: in_force

1. At the hearing to confirm the sale of real property, the court shall: (a) Consider whether the sale is necessary or in the best interest of the estate of the protected person; and (b) Examine the return on the investment and the evidence submitted in relation to the sale.

2. The court shall confirm the sale and order conveyances to be executed if it appears to the court that: (a) Good reason existed for the sale; (b) The sale was conducted in a legal and fair manner; (c) The amount of the offer is not disproportionate to the value of the property; and (d) It is unlikely that a bid would be made which exceeds the original offer: (1) By at least 5 percent if the offer is less than $100,000; or (2) By at least $5,000 if the offer is $100,000 or more.

3. The court shall not confirm the sale if the conditions in this section are not satisfied.

4. If the court does not confirm the sale, the court: (a) May order a new sale; or (b) May conduct a public auction in open court.

5. If the court orders a new sale: (a) Notice must be given in the manner set forth in NRS 159.1425 ; and (b) The sale must be conducted in all other respects as though no previous sale has taken place.

6. If a higher offer is received by the court during the hearing to confirm the sale, the court may continue the hearing if the court determines that the person who made the offer being confirmed was not notified of the hearing and may wish to increase the price of his or her offer. This subsection does not grant a right to a person to have a continuance granted and may not be used as a ground to set aside an order confirming a sale.

7. Except as otherwise provided in this

section, only the name of the buyer and the price of the sale may be changed at a public auction in open court. An order confirming the sale is sufficient as an addendum to the original contract to allow escrow to close.

8. The title company may be changed at a public auction in open court if the estate and the buyer have mutually agreed to the change in writing.

9. The date of the close of escrow must be at least 10 judicial days after the date that the notice of the entry of order confirming the sale is filed with the clerk of the court unless the contract specifies a later date. The parties to the sale may extend the date of the close of escrow by mutual agreement in writing.

10. If the estate owes more than the value of the property and the estate has made an agreement with all lienholders to accept the sale price and waive any deficiency between the sale price and the amount owed to all lienholders, the sale must be confirmed without the potential for bidding in court. All other portions of the confirmation of sale must be adhered to. The valuation by the bank shall be deemed to be sufficient to meet the appraisal requirement for the sale, and the date of the sale is the date on which the bank approves the sale.
Nev. Rev. Stat. § 162.070 — NV Code / Title 13 / Chapter 162 / Section 162.070
Check drawn by and payable to fiduciary
Status: in_force

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his or her principal by a fiduciary empowered to draw such instrument in the name of the principal, payable to the fiduciary personally, or payable to a third person and transferred by the third person to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his or her obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his or her obligation as fiduciary unless the transferee takes the instrument with actual knowledge of such breach or with knowledge of such facts that this action in taking the instrument amounts to bad faith.
Nev. Rev. Stat. § 164.770 — NV Code / Title 13 / Chapter 164 / Section 164.770
Delegation of functions by trustee; standard of care owed by agent; trustee immunity from liability; jurisdiction over agent
Status: in_force

1. A trustee may delegate functions of investment and management that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill and caution in: (a) Selecting an agent; (b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and (c) Periodically reviewing the agent's actions in order to verify the agent's performance and compliance with the terms of the delegation.

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

3. A trustee who complies with the requirements of subsection 1 is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.

4. By accepting the delegation of a function from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
Nev. Rev. Stat. § 163.185 — NV Code / Title 13 / Chapter 163 / Section 163.185
Power of court to order termination and distribution of trust before time provided in trust instrument
Status: in_force

Upon such terms and conditions as are just and proper, the court may order termination and distribution of a trust before the time provided in the trust instrument, if administration or continued administration of the trust is no longer feasible or economical. A petition for such an order may be filed by an interested person under NRS 164.010 and 164.015 .
Nev. Rev. Stat. § 159.014 — NV Code / Title 13 / Chapter 159 / Section 159.014
“Care provider” defined
Status: in_force

“ Care provider ” includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of persons who are incapacitated or persons of limited capacity.
Nev. Rev. Stat. § 159A.1871 — NV Code / Title 13 / Chapter 159A / Section 159A.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 159A.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.
Nev. Rev. Stat. § 165.230 — NV Code / Title 13 / Chapter 165 / Section 165.230
Charitable trusts
Status: in_force

This chapter shall apply to charitable trusts. Documents required to be delivered to beneficiaries of such trusts shall be delivered to the Attorney General.
Nev. Rev. Stat. § 164.705 — NV Code / Title 13 / Chapter 164 / Section 164.705
Short title
Status: in_force

NRS 164.700 to 164.775 , inclusive, may be cited as the Uniform Prudent Investor Act.
Nev. Rev. Stat. § 163.008 — NV Code / Title 13 / Chapter 163 / Section 163.008
Validity of trust created in relation to real property; recordation
Status: in_force

1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by: (a) A written instrument signed by the trustee, or by the agent of the trustee if the agent is authorized in writing to do so; or (b) A written instrument, including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if the agent is authorized in writing to do so.

2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.

3. This section must not be construed to require a declaration by an owner of property pursuant to NRS 163.002 that specifically identified real property is held in trust to be in writing. As used in this subsection, “ specifically identified real property ” includes property that is identified by legal description, street address or the applicable assessor's parcel number.
Nev. Rev. Stat. § 159.078 — NV Code / Title 13 / Chapter 159 / Section 159.078
Petition by guardian or other interested person for order authorizing or directing guardian to take certain actions
Status: in_force

1. Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to: (a) Make or change the last will and testament of the protected person. (b) Except as otherwise provided in this paragraph, make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the protected person which includes the designation of a beneficiary. The guardian is not required to petition the court for an order authorizing the guardian to utilize an asset which has a designated beneficiary, including the closure or discontinuance of the asset, for the benefit of a protected person if: (1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the protected person; (2) The asset, or the aggregate amount of all the assets if there is more than one type of asset, has a value that does not exceed $5,000; or (3) The asset is a bank account, investment fund or insurance policy and is required to be closed or discontinued in order for the protected person to qualify for a federal program of public assistance. (c) Create for the benefit of the protected person or others a revocable or irrevocable trust of the property of the estate. (d) Except as otherwise provided in this paragraph, exercise the right of the protected person to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust: (1) Evidences an intent of the protected person to reserve the right of revocation or modification exclusively to the protected person; (2) Provides expressly that a guardian may not revoke or modify the trust; or (3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.

2. Any other interested person may also petition the court for an order authorizing or directing the guardian to take any action described in subsection 1.

3. The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the court finds by clear and convincing evidence that: (a) A reasonably prudent person or the protected person, if not incapacitated, would take the proposed action and that a person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the protected person or estate of the protected person and that person: (1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the protected person; or (2) Will benefit from the lack of such an instrument; or (b) The proposed action is otherwise in the best interests of the protected person for any other reason not listed in this section.

4. The petition must contain, to the extent known by the petitioner: (a) The name, date of birth and current address of the protected person; (b) A concise statement as to the condition of the estate of the protected person; and (c) A concise statement as to the necessity for the proposed action.

5. As used in this section: (a) “ Exploitation ” means any act taken by a person who has the trust and confidence of a protected person or any use of the power of attorney of a protected person to: (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the protected person with the intention of permanently depriving the protected person of the ownership, use, benefit or possession of the money, assets or property of the protected person. (2) Convert money, assets or property of the protected person with the intention of permanently depriving the protected person of the ownership, use, benefit or possession of the money, assets or property of the protected person. As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another. (b) “ Fraud ” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the protected person of the rights or property of the protected person or to otherwise injure the protected person. (c) “Interested person” has the meaning ascribed to it in NRS 132.185 and also includes a named beneficiary under a trust or other instrument if the validity of the trust or other instrument may be in question.
Nev. Rev. Stat. § 165.190 — NV Code / Title 13 / Chapter 165 / Section 165.190
Enforcement
Status: in_force

A beneficiary may petition the court having jurisdiction over the accountings, as prescribed in this chapter, for an order requiring the trustee to perform the duties imposed upon the trustee by this chapter.
Nev. Rev. Stat. § 159.134 — NV Code / Title 13 / Chapter 159 / Section 159.134
Selling real property of protected person
Status: in_force

1. All sales of real property of a protected person must be confirmed by the court pursuant to NRS 159.146 before escrow closes for the sale and title to the real property passes to the purchaser.

2. A petition for confirmation of the sale must be filed with the court not later than 30 days after the date of the sale, which is the date on which the contract for the sale was signed.

3. The court shall set the date of the hearing for confirmation of the sale and give notice of the hearing in the manner required pursuant to NRS 159.115 or as the court may order.

4. An interested person may file written objections to the confirmation of the sale before the hearing for confirmation of the sale. If such objections are filed, the court shall conduct a hearing regarding those objections during which the interested person may offer witnesses in support of the objections. The court may, in its discretion, allow oral objections to the confirmation of the sale on the date of the hearing for confirmation of the sale.

5. Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to NRS 159.1425 and 159.144 , unless the sale was exempt from notice pursuant to NRS 159.123 .
Nev. Rev. Stat. § 165.143 — NV Code / Title 13 / Chapter 165 / Section 165.143
Petition to review trustee’s rejection of written demand for account; time to file; notice; hearing
Status: in_force

1. A beneficiary whose demand for an account in compliance with NRS 165.141 is rejected or deemed rejected must file a petition seeking the court's review of the trustee's rejection within 60 days after the rejection date as described in subsection 2 and is thereafter barred from further right to demand an account for the period subject to the demand. A petition filed pursuant to this section may also seek additional relief pursuant to NRS 153.031 , 164.015 and 164.030 .

2. If the trustee rejects the beneficiary's demand for an account, the rejection date is the date on which the trustee provides the beneficiary with a notice of rejection. If the trustee fails to accept or reject the beneficiary's demand, the rejection date is deemed to be 14 days after the beneficiary delivered the demand to the trustee.

3. If the court has not previously accepted jurisdiction over the trust pursuant to NRS 164.010 , the beneficiary must petition the court to confirm the appointment of the trustee pursuant to NRS 164.010 and to admit the trust to the jurisdiction of the court. Such a petition may be combined with the petition for the court's review of the trustee's rejection.

4. The clerk shall set the petition 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 and place of the hearing.

5. If one or more other beneficiaries with interests substantially similar to the petitioner request to join the petition at or before the hearing, the court shall consider the other beneficiaries to be additional petitioners without requiring those beneficiaries to file separate petitions or to give separate notices of the hearing.

6. At the hearing, as to each petitioner, the court may enter an order: (a) Compelling the trustee to provide an account to the petitioner and specifying the nature and extent of the account to be provided; (b) Declaring that the petitioner is not entitled to an account and setting forth the reason or reasons the petitioner is not so entitled; or (c) Compelling the trustee to provide an account to the petitioner as described in paragraph (a) and authorizing an independent review of the account using the procedure set forth in NRS 165.145 .

7. Except as otherwise provided in subsection 3 of NRS 153.031 , each petitioner shall pay his or her own expenses, including, without limitation, attorney's fees, that arise in conjunction with filing a petition pursuant to this section.
Nev. Rev. Stat. § 162.090 — NV Code / Title 13 / Chapter 162 / Section 162.090
Check drawn upon account of principal
Status: in_force

If a check is drawn upon the account of his or her principal in a bank by a fiduciary who is empowered to draw checks upon the principal's account, the bank is authorized to pay such check 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 such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a 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. § 159.0753 — NV Code / Title 13 / Chapter 159 / Section 159.0753
Requirements; form; Secretary of State to make form available; regulations
Status: in_force

1. Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so: (a) If nominating a guardian of the estate, pursuant to NRS 162A.250 ; (b) If nominating a guardian of the person, pursuant to NRS 162A.800 ; or (c) By completing a form requesting to nominate a guardian in accordance with this section.

2. A form requesting to nominate a guardian pursuant to this section must be: (a) Signed by the person requesting to nominate a guardian; (b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and (c) Notarized.

3. A request to nominate a guardian pursuant to this section may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

REQUEST TO NOMINATE GUARDIAN

I, ____________________ (insert your name), residing at ____________________ (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:

1. As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.

2. This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).

3. Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.

4. I request that my ____________________ (insert relation), ____________________ (insert name), serve as my appointed guardian.

5. If ____________________ (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my ____________________ (insert relation), ____________________ (insert name), serve as my appointed guardian.

6. I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian. (YOU MUST DATE AND SIGN THIS DOCUMENT) I sign my name to this document on ____________________ (date) ________________________________________________________________ (Signature) (YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT) I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal. ___________________________________________________________ (Signature of first witness) ___________________________________________________________ (Print name) ___________________________________________________________ (Date) ___________________________________________________________ (Signature of second witness) ___________________________________________________________ (Print name) ___________________________________________________________ (Date) CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of Nevada } } County of _________________________________ } On this ____________________ day of ____________________, in the year ____________________, before me, ____________________ (insert name of notary public), personally appeared ____________________ (insert name of principal), ____________________ (insert name of first witness) and ____________________ (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument. ________________________________________________________________ (Signature of notarial officer) (Seal, if any)

4. The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

5. The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.
Nev. Rev. Stat. § 159.334 — NV Code / Title 13 / Chapter 159 / Section 159.334
Imposition of certain restrictions on communication, visitation or interaction between protected person and relative or person of natural affection before issuance of order
Status: in_force

1. Before issuing an order pursuant to NRS 159.333 , a court shall consider imposing any restrictions on communication, visitation or interaction between a protected person and a relative or person of natural affection in the following order of preference: (a) Placing reasonable time, manner or place restrictions on communication, visitation or interaction between the protected person and the relative or person of natural affection based on the history between the protected person and the relative or person of natural affection or the wishes of the protected person; (b) Requiring that any communication, visitation or interaction between the protected person and the relative or person of natural affection be supervised; and (c) Denying communication, visitation or interaction between the protected person and the relative or person of natural affection.

2. If the court determines that the relative or person of natural affection poses a threat to the protected person, the court may order supervised communication, visitation or interaction pursuant to paragraph (b) of subsection 1 before denying any communication, visitation or interaction.
Nev. Rev. Stat. § 163.5536 — NV Code / Title 13 / Chapter 163 / Section 163.5536
“Directing trust adviser” defined
Status: in_force

“ Directing trust adviser ” means a trust adviser, trust protector or other person designated in the trust instrument who has the authority to give directives that must be followed by the fiduciary. The term does not include a trust adviser, trust protector or other person who gives recommendations, counsel or advice that the fiduciary is not required to follow under the terms of the trust instrument.
Nev. Rev. Stat. § 159A.014 — NV Code / Title 13 / Chapter 159A / Section 159A.014
“Care provider” defined
Status: in_force

“ Care provider ” includes any public or private institution located within or outside this State which provides facilities for the care or maintenance of minors.
Nev. Rev. Stat. § 164.910 — NV Code / Title 13 / Chapter 164 / Section 164.910
Transfer of net cash receipts from principal asset subject to depreciation to principal
Status: in_force

1. As used in this section, “ depreciation ” means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than 1 year.

2. A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation: (a) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; (b) During the administration of a decedent's estate; or (c) Under this section if a trustee is accounting under NRS 164.835 for the business or activity in which the asset is used.

3. An amount transferred to principal need not be held as a separate fund.
Nev. Rev. Stat. § 164.810 — NV Code / Title 13 / Chapter 164 / Section 164.810
Date on which income interest begins; date on which asset becomes subject to trust or successive income interest; date on which income interest ends
Status: in_force

1. An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

2. An asset becomes subject to a trust: (a) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life; (b) On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or (c) On the date of the death of a natural person in the case of an asset that is transferred to a fiduciary by a third party because of the death of the natural person.

3. An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection 4, even if there is an intervening period of administration to wind up the preceding income interest.

4. An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.
Nev. Rev. Stat. § 159.1667 — NV Code / Title 13 / Chapter 159 / Section 159.1667
Petition for confirmation of proceedings concerning agreement: When required; notice; hearing
Status: in_force

1. If the purchaser or option holder complies with the terms of an agreement approved by the court pursuant to NRS 159.1657 and has made all payments according to the terms of the agreement, the guardian shall: (a) Make a return to the court of the proceedings; and (b) Petition the court for confirmation of the proceedings.

2. Notice must be given to the purchaser or option holder regarding the petition for confirmation.

3. The court: (a) Shall hold a hearing regarding the petition for confirmation; and (b) May order or deny confirmation of the proceedings and execution of the conveyances in the same manner and with the same effect as when the court orders or denies a confirmation of a sale of real property.
Nev. Rev. Stat. § 159A.043 — NV Code / Title 13 / Chapter 159A / Section 159A.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), protected minor.”
Nev. Rev. Stat. § 162A.260 — NV Code / Title 13 / Chapter 162A / Section 162A.260
Time at which power of attorney is effective
Status: in_force

1. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

2. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

3. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by an advanced practice registered nurse, a physician, psychiatrist or licensed psychologist that the principal is incapacitated.

4. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 , as amended, and applicable regulations, to obtain a determination of incapacity.
Nev. Rev. Stat. § 159.183 — NV Code / Title 13 / Chapter 159 / Section 159.183
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 person. In evaluating the ability of a protected person to pay such compensation and expenses, the court may consider: (a) The nature, extent and liquidity of the assets of the protected person; (b) The disposable net income of the protected person; (c) Any foreseeable expenses; and (d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083 .

4. Any compensation or expenses, including, without limitation, attorney's fees, must not be paid from the estate of the protected person unless and until the payment of such fees is approved by the court pursuant to this section or NRS 159.344 , 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. § 159.0755 — NV Code / Title 13 / Chapter 159 / Section 159.0755
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 person 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. § 159A.1653 — NV Code / Title 13 / Chapter 159A / Section 159A.1653
Petition to enter into agreement; setting date of hearing; notice
Status: in_force

1. To enter into an agreement to sell or to give an option to purchase a mining claim or real property worked as a mine which belongs to the estate of the protected minor, the guardian or an interested person shall file a petition with the court that: (a) Describes the property or claim; (b) States the terms and general conditions of the agreement; (c) Shows any advantage that may accrue to the estate of the protected minor from entering into the agreement; and (d) Requests confirmation by the court of the agreement.

2. The court shall set the date of the hearing on the petition.

3. The petitioner shall give notice in the manner provided in NRS 159A.034 .
Nev. Rev. Stat. § 163.470 — NV Code / Title 13 / Chapter 163 / Section 163.470
“Private foundation trust” defined
Status: in_force

“Private foundation trust” means a trust as defined in Section 509(a), including a trust described in Section 4947(a)(1).
Nev. Rev. Stat. § 166A.140 — NV Code / Title 13 / Chapter 166A / Section 166A.140
“Personal representative” defined
Status: in_force

“ Personal representative ” means an executor, administrator or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions or a successor to any of them.
Nev. Rev. Stat. § 164.735 — NV Code / Title 13 / Chapter 164 / Section 164.735
Applicability
Status: in_force

Except as specifically provided in a trust instrument, a will or NRS 164.700 to 164.925 , inclusive, the provisions of NRS 164.700 to 164.925 , inclusive, apply to any trust or estate of a decedent existing on or after October 1, 2003.
Nev. Rev. Stat. § 165.030 — NV Code / Title 13 / Chapter 165 / Section 165.030
Request for list of assets of trust estate
Status: in_force

An interested person to whom a trustee is required to account pursuant to this chapter may provide a written request to the trustee at any time 60 days or more after the appointment of the trustee which seeks a list of the assets of the trust estate known to the trustee. The trustee shall serve the information to the requesting interested party in the same manner required for notice, as set forth in NRS 155.010 within 15 days after receipt of the written request.
Nev. Rev. Stat. § 159A.0865 — NV Code / Title 13 / Chapter 159A / Section 159A.0865
Certification of appraiser, certified public accountant or expert in valuation; form of appraisal or valuation; purchase by appraiser, certified public accountant or expert in valuation without disclosure prohibited; penalties
Status: in_force

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

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

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

4. An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any asset of an estate without full disclosure to and approval by the court is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void, and the asset sold may be recovered by the guardian, protected minor or proposed protected minor.
Nev. Rev. Stat. § 159A.024 — NV Code / Title 13 / Chapter 159A / Section 159A.024
“Private professional guardian” defined
Status: in_force

1. “ Private professional guardian ” means a person who receives compensation for services as a guardian to three or more protected persons who are not related to the guardian by blood or marriage and who meets the requirements set forth in NRS 159A.0595 .

2. For the purposes of this chapter, the term includes an entity that serves as a private professional guardian and is: (a) Required to have a license issued pursuant to chapter 628B of NRS ; or (b) Exempt pursuant to NRS 159.0595 , 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to chapter 628B of NRS .

3. The term does not include: (a) A governmental agency. (b) A public guardian appointed or designated pursuant to the provisions of chapter 253 of NRS.
Nev. Rev. Stat. § 159A.0195 — NV Code / Title 13 / Chapter 159A / Section 159A.0195
“Interested person” defined
Status: in_force

“ Interested person ” means a person who is entitled to notice of a guardianship proceeding pursuant to NRS 159A.034 .
Nev. Rev. Stat. § 167.010 — NV Code / Title 13 / Chapter 167 / Section 167.010
Short title
Status: in_force

This chapter may be cited as Nevada's Uniform Act on Transfers to Minors.
Nev. Rev. Stat. § 166.120 — NV Code / Title 13 / Chapter 166 / Section 166.120
Restraints on alienation; exclusive jurisdiction of court
Status: in_force

1. A spendthrift trust as defined in this chapter restrains and prohibits generally the assignment, alienation, acceleration and anticipation of any interest of the beneficiary under the trust by the voluntary or involuntary act of the beneficiary, or by operation of law or any process or at all. The trust estate, or corpus or capital thereof, shall never be assigned, aliened, diminished or impaired by any alienation, transfer or seizure so as to cut off or diminish the payments, or the rents, profits, earnings or income of the trust estate that would otherwise be currently available for the benefit of the beneficiary.

2. Payments by the trustee to the beneficiary, whether such payments are mandatory or discretionary, must be made only to or for the benefit of the beneficiary and not by way of acceleration or anticipation, nor to any assignee of the beneficiary, nor to or upon any order, written or oral, given by the beneficiary, whether such assignment or order be the voluntary contractual act of the beneficiary or be made pursuant to or by virtue of any legal process in judgment, execution, attachment, garnishment, bankruptcy or otherwise, or whether it be in connection with any contract, tort or duty. Any action to enforce the beneficiary's rights, to determine if the beneficiary's rights are subject to execution, to levy an attachment or for any other remedy must be made only in a proceeding commenced pursuant to chapter 153 of NRS , if against a testamentary trust, or NRS 164.010 , if against a nontestamentary trust. A court has exclusive jurisdiction over any proceeding pursuant to this section.

3. The beneficiary shall have no power or capacity to make any disposition whatever of any of the income by his or her order, voluntary or involuntary, and whether made upon the order or direction of any court or courts, whether of bankruptcy or otherwise; nor shall the interest of the beneficiary be subject to any process of attachment issued against the beneficiary, or to be taken in execution under any form of legal process directed against the beneficiary or against the trustee, or the trust estate, or any part of the income thereof, but the whole of the trust estate and the income of the trust estate shall go to and be applied by the trustee solely for the benefit of the beneficiary, free, clear, and discharged of and from any and all obligations of the beneficiary whatsoever and of all responsibility therefor.

4. The trustee of a spendthrift trust is required to disregard and defeat every assignment or other act, voluntary or involuntary, that is attempted contrary to the provisions of this chapter.
Nev. Rev. Stat. § 162B.240 — NV Code / Title 13 / Chapter 162B / Section 162B.240
Rules of classification
Status: in_force

1. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.

2. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.

3. As used in this section, “ adverse party ” means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder or a creditor of the powerholder's estate.
Nev. Rev. Stat. § 163.553 — NV Code / Title 13 / Chapter 163 / Section 163.553
Definitions
Status: in_force

As used in NRS 163.553 to 163.557 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 163.5533 to 163.5547 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 159A.0265 — NV Code / Title 13 / Chapter 159A / Section 159A.0265
“State” defined
Status: in_force

“State” has the meaning ascribed to it in NRS 159.0265 .
Nev. Rev. Stat. § 167.020 — NV Code / Title 13 / Chapter 167 / Section 167.020
Definitions
Status: in_force

In this chapter, unless the context otherwise requires:

1. “Adult” means a person who has attained the age of 18 years.

2. “Benefit plan” means an employer's plan for the benefit of an employee or partner.

3. “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for his or her own account or for the account of others.

4. “Conservator” means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minor's property or any other person legally authorized to perform substantially the same functions.

5. “Court” means the district court.

6. “Custodial property” means: (a) Any interest in property transferred to a custodian in a manner prescribed in this chapter; and (b) The income from and the proceeds of that interest in property.

7. “Custodian” means a person so designated in a manner prescribed in this chapter. The term includes a successor or substitute custodian.

8. “Financial institution” means a bank, trust company, savings institution or credit union chartered and supervised under federal law or the laws of a state.

9. “Legal representative” means a personal representative or conservator.

10. “Member of a minor's family” means a minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole blood or the half blood, or by or through legal adoption.

11. “Minor” means a person who has not attained the age of 18 years.

12. “Person” means any natural person, corporation, organization or other legal entity.

13. “Personal representative” means an executor, administrator, successor personal representative or special administrator of a decedent's estate or any other person legally authorized to perform substantially the same functions.

14. “State” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession subject to the legislative authority of the United States.

15. “Transfer” means a transaction which creates custodial property in a manner prescribed in this chapter.

16. “Transferor” means a person who makes a transfer in a manner prescribed in this chapter.

17. “Trust company” means a financial institution, corporation or other legal entity authorized to exercise general trust powers.
Nev. Rev. Stat. § 159.159 — NV Code / Title 13 / Chapter 159 / Section 159.159
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 property of the protected person, 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. § 159A.041 — NV Code / Title 13 / Chapter 159A / Section 159A.041
Transfer of proceedings to another county
Status: in_force

A court having before it any guardianship matter for a minor whose home state is this State may transfer the matter to another county in the interest of the minor or, if not contrary to the interest of the minor, for the convenience of the guardian. A petition for the transfer, setting forth the reasons therefor, may be filed in the guardianship proceeding. If the court is satisfied that the transfer is in the interest of the minor or, if not contrary to the interest of the minor, for the convenience of the guardian, the court shall make an order of transfer and cause a transcript of the proceedings in the matter, all original papers filed in such proceedings and the original bond filed by the guardian, to be certified by the clerk of the court originally hearing the matter and sent to the clerk of the court of the other county. Upon receipt of the transcript, papers and bond, and the filing of them for record, the court of the other county has complete jurisdiction of the matter, and thereafter all proceedings must be as though they were commenced in that court.
Nev. Rev. Stat. § 159A.0535 — NV Code / Title 13 / Chapter 159A / Section 159A.0535
Attendance of proposed protected minor at hearing
Status: in_force

1. A proposed protected minor who is found in this State must attend the hearing for the appointment of a guardian unless: (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State specifically states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minor's attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor; or (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minor's attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor.

2. A proposed protected minor found in this State who cannot attend the hearing for the appointment of a guardian as set forth in a certificate pursuant to subsection 1 may appear by telephone or by videoconference or any other means that uses audio-video communication.

3. The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.

4. If the proposed protected minor is not in this State, the proposed protected minor must attend the hearing only if the court determines that the attendance of the proposed protected minor is necessary in the interests of justice.

5. As used in this section, “ audio-video communication ” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.
Nev. Rev. Stat. § 164.890 — NV Code / Title 13 / Chapter 164 / Section 164.890
Allocation of receipts from and disbursements made in connection with transactions in derivatives to principal; allocation of amount received for granting certain options to principal
Status: in_force

1. As used in this section, “ derivative ” means a contract of financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.

2. To the extent that a trustee accounts for transactions in derivatives pursuant to this section, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

3. If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, must be allocated to principal.
Nev. Rev. Stat. § 159.113 — NV Code / Title 13 / Chapter 159 / Section 159.113
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 person pursuant to NRS 159.117 . (b) Continue the business of the protected person pursuant to NRS 159.119 . (c) Borrow money for the protected person pursuant to NRS 159.121 . (d) Except as otherwise provided in NRS 159.079 , enter into contracts for the protected person or complete the performance of contracts of the protected person pursuant to NRS 159.123 . (e) Make gifts from the estate of the protected person or make expenditures for the relatives of the protected person pursuant to NRS 159.125 . (f) Sell, lease or place in trust any property of the protected person pursuant to NRS 159.127 . (g) Exchange or partition the property of the protected person pursuant to NRS 159.175 . (h) Release the power of the protected person as trustee, personal representative or custodian for a minor or guardian. (i) Exercise or release the power of the protected person as a donee of a power of appointment. (j) Exercise the right of the protected person to take under or against a will. (k) Transfer to a trust created by the protected person any property unintentionally omitted from the trust. (l) Submit a revocable trust or an irrevocable trust to the jurisdiction of the court if: (1) The protected person or the spouse of the protected person, or both, are the grantors and sole beneficiaries of the income of the trust; or (2) The trust was created by the court. (m) 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 person.

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 property of the protected person. (b) Take any other action which the guardian deems would be in the best interests of the protected person.

3. The petition must be signed by the guardian and contain: (a) The name, age, residence and address of the protected person. (b) A concise statement as to the condition of the estate of the protected person. (c) A concise statement as to the advantage to the protected person 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 paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the protected person, enter contracts for the protected person or complete contracts of the protected person.
Nev. Rev. Stat. § 162A.650 — NV Code / Title 13 / Chapter 162A / Section 162A.650
Uniformity of application and construction
Status: in_force

In applying and construing NRS 162A.200 to 162A.660 , inclusive, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Nev. Rev. Stat. § 163.5505 — NV Code / Title 13 / Chapter 163 / Section 163.5505
Creation; enforcement; requirements
Status: in_force

Except as otherwise provided in NRS 163.0075 or another provision of law:

1. A trust may be created for a noncharitable purpose without a definite ascertainable beneficiary or for a noncharitable but otherwise valid purpose. The noncharitable purpose for which a trust is created must be stated with sufficient particularity in the trust instrument as to be ascertainable by a finder of fact.

2. A trust authorized by this section may be enforced by a trustee, trust adviser, trust protector or person appointed under the terms of the trust or, if no such person is appointed, by the court.

3. Except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use, property of a trust authorized by this section may be applied only to its intended use, including, without limitation, appointing trust property to or for the benefit of an existing or new trust whose purposes are limited to one or more purposes of the original trust. Except as otherwise provided by the terms of the trust, property not required for the intended use must be distributed to the settlor, if living, or otherwise to the settlor's successors in interest.

4. As used in this section: (a) “Trust adviser” has the meaning ascribed to it in NRS 163.5545 . (b) “Trust protector” has the meaning ascribed to it in NRS 163.5547 . (c) “ Valid purpose ” means any purpose that is not illegal or against public policy.
Nev. Rev. Stat. § 164.640 — NV Code / Title 13 / Chapter 164 / Section 164.640
Short title
Status: in_force

The provisions of NRS 164.640 to 164.680 , inclusive, may be cited as the Uniform Prudent Management of Institutional Funds Act.
Nev. Rev. Stat. § 164.657 — NV Code / Title 13 / Chapter 164 / Section 164.657
“Person” defined
Status: in_force

“ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
Nev. Rev. Stat. § 162B.360 — NV Code / Title 13 / Chapter 162B / Section 162B.360
Appointment to taker in default
Status: in_force

If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.
Nev. Rev. Stat. § 159.343 — NV Code / Title 13 / Chapter 159 / Section 159.343
Appointment or extension of appointment of guardian of the person for protected person or proposed protected person seeking status as special immigrant juvenile
Status: in_force

1. If a person includes a request that the court make the findings set forth in subsection 3 of NRS 3.2203 in a petition filed or motion made pursuant to this chapter, the court may appoint or extend the appointment of a guardian of the person for a protected person or proposed protected person seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security if the protected person or proposed protected person: (a) Is an unmarried person who is 18 years of age or older but less than 21 years of age; and (b) Consents to the appointment or the extension of the appointment.

2. The appointment or the extension of the appointment of a guardian of the person pursuant to subsection 1 does not authorize the guardian to abrogate any rights that the protected person or proposed protected person may have pursuant to the laws of this State, including, without limitation, the right to make decisions regarding his or her medical treatment, education or residence, without the express consent of the protected person or proposed protected person.
Nev. Rev. Stat. § 166.016 — NV Code / Title 13 / Chapter 166 / Section 166.016
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 166.018 and 166.020 have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 159A.0251 — NV Code / Title 13 / Chapter 159A / Section 159A.0251
“Protected minor” defined
Status: in_force

“ Protected minor ” means any minor for whom a guardian has been appointed.
Nev. Rev. Stat. § 163.610 — NV Code / Title 13 / Chapter 163 / Section 163.610
Trustee authorized to include certain capital gains in distributable net income in certain circumstances
Status: in_force

Unless otherwise provided by the trust instrument, a trustee may include capital gains from the sale or exchange of capital assets in distributable net income to the extent the gains are, in a reasonable and impartial exercise of discretion by the trustee, allocated to:

1. Income pursuant to the power of the trustee to adjust between principal and income pursuant to NRS 164.795 ;

2. Principal and treated consistently by the trustee in the books, records and tax returns of the trust as part of the distribution to a beneficiary; or

3. Principal but distributed to a beneficiary or utilized by the trustee in determining the amount that is distributed or required to be distributed to a beneficiary.
Nev. Rev. Stat. § 162A.745 — NV Code / Title 13 / Chapter 162A / Section 162A.745
“Intellectual disability” defined
Status: in_force

“ Intellectual disability ” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
Nev. Rev. Stat. § 162B.310 — NV Code / Title 13 / Chapter 162B / Section 162B.310
Intent to exercise: After-acquired power
Status: in_force

Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:

1. Except as otherwise provided in subsection 2, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and

2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
Nev. Rev. Stat. § 159.328 — NV Code / Title 13 / Chapter 159 / Section 159.328
Legislative declaration of protected persons’ rights
Status: reserved

1. The Legislature hereby declares that, except as otherwise specifically provided by law, each proposed protected person has the right to have an attorney before a guardianship is imposed to ask the court for relief, and each protected person has the right to: (a) Have an attorney at any time during a guardianship to ask the court for relief. (b) Receive notice of all guardianship proceedings and all proceedings relating to a determination of capacity unless the court determines that the protected person lacks the capacity to comprehend such notice. (c) Receive a copy of all documents filed in a guardianship proceeding. (d) Have a family member, an interested party, a person of natural affection, an advocate for the protected person or a medical provider speak or raise any issues of concern on behalf of the protected person during a court hearing, either orally or in writing, including, without limitation, issues relating to a conflict with a guardian. (e) Be educated about guardianships and ask questions and express concerns and complaints about a guardian and the actions of a guardian, either orally or in writing. (f) Participate in developing a plan for his or her care, including, without limitation, managing his or her assets and personal property and determining his or her residence and the manner in which he or she will receive services. (g) Have due consideration given to his or her current and previously stated personal desires, preferences for health care and medical treatment and religious and moral beliefs. (h) Remain as independent as possible, including, without limitation, to have his or her preference honored regarding his or her residence and standard of living, either as expressed or demonstrated before a determination was made relating to capacity or as currently expressed, if the preference is reasonable under the circumstances. (i) Be granted the greatest degree of freedom possible, consistent with the reasons for a guardianship, and exercise control of all aspects of his or her life that are not delegated to a guardian specifically by a court order. (j) Engage in any activity that the court has not expressly reserved for a guardian, including, without limitation, voting, marrying or entering into a domestic partnership, traveling, working and having a driver's license. (k) Be treated with respect and dignity. (l) Be treated fairly by his or her guardian. (m) Maintain privacy and confidentiality in personal matters. (n) Receive telephone calls and personal mail and have visitors, unless his or her guardian and the court determine that particular correspondence or a particular visitor will cause harm to the protected person. (o) Receive timely, effective and appropriate health care and medical treatment that does not violate his or her rights. (p) Have all services provided by a guardian at a reasonable rate of compensation and have a court review any requests for payment to avoid excessive or unnecessary fees or duplicative billing. (q) Receive prudent financial management of his or her property and regular detailed reports of financial accounting, including, without limitation, reports on any investments or trusts that are held for his or her benefit and any expenditures or fees charged to his or her estate. (r) Receive and control his or her salary, maintain a bank account and manage his or her personal money. (s) Ask the court to: (1) Review the management activity of a guardian if a dispute cannot be resolved. (2) Continually review the need for a guardianship or modify or terminate a guardianship. (3) Replace the guardian. (4) Enter an order restoring his or her capacity at the earliest possible time.

2. The rights of a protected person set forth in subsection 1 do not abrogate any remedies provided by law. All such rights may be addressed in a guardianship proceeding or be enforced through a private right of action.
Nev. Rev. Stat. § 163.020 — NV Code / Title 13 / Chapter 163 / Section 163.020
Definitions
Status: in_force

As used in NRS 163.010 to 163.200 , inclusive, unless the context or subject matter otherwise requires:

1. “ Affiliate ” means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.

2. “ Relative ” means a spouse, ancestor, descendant, brother or sister.

3. “ Trust ” means an express trust only.

4. “ Trustee ” means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.
Nev. Rev. Stat. § 162C.210 — NV Code / Title 13 / Chapter 162C / Section 162C.210
Authority of supporter; prohibited acts by supporter
Status: in_force

1. Except as otherwise provided in a supported decision-making agreement and subsection 2, a supporter may do all of the following: (a) Assist the principal in understanding information, options, responsibilities and consequences of the principal's life decisions, including, without limitation, decisions relating to the principal's affairs or supportive services. (b) Help the principal access, obtain and understand any information that is relevant to any given life decision, including, without limitation, medical, psychological, financial or educational decisions, or any treatment records or records necessary to manage the principal's affairs or support services. (c) Assist the principal in finding, obtaining, making appointments for and implementing the principal's support services or plans for support services. (d) Help the principal monitor information about the principal's affairs or support services, including, without limitation, keeping track of future necessary or recommended services. (e) Ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented.

2. A supporter is prohibited from doing any of the following: (a) Exerting undue influence upon, or making decisions on behalf of, the principal. (b) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist the principal pursuant to the supported decision-making agreement. (c) Using, without the consent of the principal, information acquired for a purpose other than assisting the principal to make a decision pursuant to the supported decision-making agreement.

3. A supporter shall act with the care, competence and diligence ordinarily exercised by persons in similar circumstances, with due regard to the supporter's possession or lack of special skills or expertise.
Nev. Rev. Stat. § 163.0011 — NV Code / Title 13 / Chapter 163 / Section 163.0011
“Electronic record” defined
Status: in_force

“Electronic record” has the meaning ascribed to it in NRS 132.117 .
Nev. Rev. Stat. § 159.067 — NV Code / Title 13 / Chapter 159 / Section 159.067
Bond: Court may require increase, decrease or other change; exoneration of former sureties
Status: in_force

1. The court may at any time, for good cause and after notice to the guardian, increase or decrease the amount of the bond required of a guardian.

2. The court may at any time, where the bond or the sureties are determined to be insufficient or for other good cause, require a guardian to execute and file a new or additional bond. The court may exonerate the sureties on a former bond from any liabilities thereunder arising from the acts or omissions of their principal after such exoneration.
Nev. Rev. Stat. § 162B.305 — NV Code / Title 13 / Chapter 162B / Section 162B.305
Intent to exercise: Determining intent from residuary clause
Status: in_force

1. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if: (a) The terms of the instrument containing the residuary clause do not manifest a contrary intent; (b) The power is a general power exercisable in favor of the powerholder's estate; (c) There is no gift-in-default clause or the clause is ineffective; and (d) The powerholder did not release the power.

2. As used in this section: (a) “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) “ Will ” includes a codicil and a testamentary instrument that revises another will.
Nev. Rev. Stat. § 159.315 — NV Code / Title 13 / Chapter 159 / Section 159.315
Order of court upon findings concerning allegations that person disposed of money of protected person or proposed protected person or has evidence of interest of protected person or proposed protected person in or to property; nonappearance or noncompliance by person cited; effect of order
Status: in_force

1. If the court finds, after examination of a person cited pursuant to NRS 159.305 , that the person has committed an act: (a) Set forth in paragraph (a) of subsection 1 of NRS 159.305 , the court may order the person to return the asset or the value of the asset to the guardian of the estate; or (b) Set forth in paragraph (b) of subsection 1 of NRS 159.305 , the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

2. The court may hold a person who is cited pursuant to NRS 159.305 in contempt of court and deal with the person accordingly if the person: (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or (b) Fails to comply with an order of the court issued pursuant to subsection 1.

3. An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed protected person or the estate of the protected person to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

4. If the person who is cited pursuant to NRS 159.305 appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed protected person or the estate of the protected person, the court may order: (a) The proposed protected person or the estate of the protected person to pay the attorney's fees and costs of the respondent; or (b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney's fees and costs of the respondent.
Nev. Rev. Stat. § 162A.720 — NV Code / Title 13 / Chapter 162A / Section 162A.720
“Attending physician” defined
Status: in_force

“ Attending physician ” means the physician who has primary responsibility for the treatment and care of the patient.
Nev. Rev. Stat. § 166A.100 — NV Code / Title 13 / Chapter 166A / Section 166A.100
“Incapacitated” defined
Status: in_force

“ Incapacitated ” means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause.
Nev. Rev. Stat. § 159A.0615 — NV Code / Title 13 / Chapter 159A / Section 159A.0615
Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation
Status: in_force

1. If the court determines that a minor may be in need of a guardian, the court may order the appointment of a master of the court or a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed protected minor.

2. Not later than 5 calendar days after the date of the hearing, the master of the court or special master shall prepare and submit to the court a recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed protected minor.
Nev. Rev. Stat. § 163.230 — NV Code / Title 13 / Chapter 163 / Section 163.230
Testamentary addition to trust
Status: reserved

1. A devise, the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator, or by the testator and some other person or persons, or by some other person or persons, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator's will and the terms are set forth in a written instrument other than a will, executed before or concurrently with the execution of the testator's will, or in the valid last will of a person who has predeceased the testator, regardless of the existence, size or character of the corpus of the trust.

2. The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.

3. Unless the testator's will provides otherwise, the property so devised: (a) Shall not be deemed to be held under a testamentary trust of the testator but is a part of the trust to which it is given; and (b) Must be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether made before or after the execution of the testator's will, or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testator's will so provides, including any amendments to the trust made after the death of the testator.

4. A revocation or termination of the trust before the death of the testator causes the devise to lapse.
Nev. Rev. Stat. § 159A.1877 — NV Code / Title 13 / Chapter 159A / Section 159A.1877
Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order
Status: in_force

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

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

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

4. Upon approval of the accounting, if any is required, and appointment of a successor guardian, the court may approve the resignation of a guardian and order the discharge of his or her duties.
Nev. Rev. Stat. § 159.345 — NV Code / Title 13 / Chapter 159 / Section 159.345
Imposition of penalties upon certain misconduct by guardian
Status: in_force

If a guardian:

1. Is guilty of gross impropriety in handling the property of the protected person;

2. Makes a substantial misstatement in any report filed pursuant to NRS 159.081 or any account filed pursuant to NRS 159.177 ; or

3. Willfully fails to file a report required by NRS 159.081 or an account required by NRS 159.177 after receiving written notice from the court of the failure to file and a grace period of 2 months after such notification has elapsed,

the court may impose a penalty in an amount not to exceed $5,000 and order restitution of any money misappropriated from the estate of a protected person, which must be paid by the guardian and must not be paid by the estate of the protected person.
Nev. Rev. Stat. § 162A.320 — NV Code / Title 13 / Chapter 162A / Section 162A.320
Exoneration of agent
Status: in_force

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest, except to the extent the provision:

1. Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

2. Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Nev. Rev. Stat. § 166.100 — NV Code / Title 13 / Chapter 166 / Section 166.100
Income
Status: in_force

Provision for the beneficiary will extend to all of the income from the trust estate, devoted for that purpose by the creator of the trust, without exception or deduction, other than for:

1. Costs or fees regularly earned, paid or incurred by the trustee for administration of or protection of the trust estate;

2. Taxes on the same; or

3. Taxes on the interest of the beneficiary thereof.
Nev. Rev. Stat. § 166.015 — NV Code / Title 13 / Chapter 166 / Section 166.015
Applicability of chapter; requirement of trustee if settlor is beneficiary of trust
Status: in_force

1. Unless the writing declares to the contrary, expressly, this chapter governs the construction, operation and enforcement, in this State, of all spendthrift trusts created in or outside this State if: (a) All or part of the land, rents, issues or profits affected are in this State; (b) All or part of the personal property, interest of money, dividends upon stock and other produce thereof, affected, are in this State; (c) The declared domicile of the creator of a spendthrift trust affecting personal property is in this State; or (d) At least one trustee qualified under subsection 2 has powers that include maintaining records and preparing income tax returns for the trust, and all or part of the administration of the trust is performed in this State.

2. If the settlor is a beneficiary of the trust, at least one trustee of a spendthrift trust must be: (a) A natural person who resides and has his or her domicile in this State; (b) A trust company that: (1) Is organized under federal law or under the laws of this State or another state; and (2) Maintains an office in this State for the transaction of business; or (c) A bank that: (1) Is organized under federal law or under the laws of this State or another state; (2) Maintains an office in this State for the transaction of business; and (3) Possesses and exercises trust powers.

3. As used in this section, “trust company” does not include a foreign independent trust company authorized to engage only in the solicitation of trust company business in this State pursuant to NRS 669.205 .
Nev. Rev. Stat. § 159A.1535 — NV Code / Title 13 / Chapter 159A / Section 159A.1535
Notice of sale of personal property of protected minor
Status: in_force

Except as otherwise provided in NRS 159A.1515 and 159A.152 , a guardian may sell the personal property of the protected minor only after notice of the intent to sell is provided to the protected minor and all interested parties, by personal delivery or by certified mail, not less than 30 days before the sale.
Nev. Rev. Stat. § 159A.044 — NV Code / Title 13 / Chapter 159A / Section 159A.044
Petition for appointment of guardian: Who may submit; content
Status: in_force

1. Except as otherwise provided in NRS 127.045 , a proposed protected minor, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

2. To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation: (a) The name and address of the petitioner. (b) The name, date of birth and current address of the proposed protected minor. (c) A copy of one of the following forms of identification of the proposed protected minor which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner: (1) A social security number; (2) A birth certificate; (3) A valid driver's license number; (4) A valid identification card number; (5) A valid passport number; (6) A valid permanent resident card number; or (7) A valid tribal identification card number. If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court. (d) The date on which the proposed protected minor will attain the age of majority and: (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and (2) Whether the petitioner anticipates that the proposed protected minor will need guardianship after attaining the age of majority. (e) Whether the proposed protected minor is a resident or nonresident of this State. (f) The names and addresses of the relatives of the proposed protected minor who are within the second degree of consanguinity. (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159A.0595 . If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one protected person who is not related to the person by blood or marriage. (h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner: (1) A social security number; (2) A birth certificate; (3) A valid driver's license number; (4) A valid identification card number; (5) A valid passport number; (6) A valid permanent resident card number; or (7) A valid tribal identification card number. (i) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole. (j) A summary of the reasons why a guardian is needed and any available documentation demonstrating the need for a guardianship, including, without limitation, any orders or other information from a court concerning the custody of the proposed protected minor. (k) A general description and the probable value of the property of the proposed protected minor and any income to which the proposed protected minor is or will be entitled, if the petition is for the appointment of a guardian of the estate. (l) The name and address of any person or care provider having the care, custody or control of the proposed protected minor. (m) If a petitioner is not a parent of the proposed protected minor, a declaration explaining the relationship of the petitioner to the proposed protected minor or to the proposed protected minor's parents and the interest, if any, of that petitioner in the appointment. (n) Requests for any of the specific powers set forth in NRS 159A.165 to 159A.175 , inclusive, necessary to enable the guardian to carry out the duties of the guardianship. (o) If the guardianship is sought as the result of an investigation of a report of abuse or neglect of the proposed protected minor, whether the referral was from a law enforcement agency or a state or county agency. (p) Whether the proposed protected minor or the proposed guardian is a party to any pending criminal or civil litigation. (q) Whether the guardianship is sought for the purpose of initiating litigation. (r) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.
Nev. Rev. Stat. § 159A.049 — NV Code / Title 13 / Chapter 159A / Section 159A.049
Appointment without issuance of citation
Status: in_force

The court may, without issuing a citation, appoint a guardian for the proposed protected minor if the petitioner is a parent who has sole legal and physical custody of the proposed protected minor as evidenced by a valid court order or birth certificate and who is seeking the appointment of a guardian for the minor child of the parent. If the proposed protected minor is a minor who is 14 years of age or older:

1. The petition must be accompanied by the written consent of the minor to the appointment of the guardian; or

2. The minor must consent to the appointment of the guardian in open court.
Nev. Rev. Stat. § 159.1515 — NV Code / Title 13 / Chapter 159 / Section 159.1515
Sale of certain personal property of protected person by guardian; destruction of certain personal property of protected person without notice
Status: in_force

1. Except as otherwise provided in subsection 2, a guardian may sell or dispose of personal property of the protected person that has a total value of less than $10,000 if: (a) A notice of intent to sell or dispose of the property is mailed by certified mail or delivered personally to the protected person, his or her attorney and the persons specified in NRS 159.034 ; and (b) No objection to the sale or disposal is made within 15 days after such notice is received.

2. A guardian may authorize the immediate destruction of the personal property of a protected person without notice if: (a) The guardian determines that the property has been contaminated by vermin or biological or chemical agents; (b) The expenses related to the decontamination of the property cause salvage to be impractical; (c) The property constitutes an immediate threat to public health or safety; (d) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination; and (e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.
Nev. Rev. Stat. § 159.1475 — NV Code / Title 13 / Chapter 159 / Section 159.1475
Sale of real property made upon credit
Status: in_force

1. If a sale of real property is made upon credit, the guardian shall take: (a) The note or notes of the purchaser for the unpaid portion of the sale; and (b) A mortgage on the property to secure the payment of the notes.

2. The mortgage may contain a provision for release of any part of the property if the court approves the provision.
Nev. Rev. Stat. § 163.100 — NV Code / Title 13 / Chapter 163 / Section 163.100
Powers of trustee attached to office
Status: in_force

Unless it is otherwise provided by the trust instrument or by court order, all powers of a trustee are attached to the office and are not personal.
Nev. Rev. Stat. § 159.154 — NV Code / Title 13 / Chapter 159 / Section 159.154
Place and manner of sale of personal property of protected person; report by guardian; first right of refusal of family members; priority of claims
Status: in_force

1. The guardian may sell the personal property of a protected person at: (a) The residence of the protected person; or (b) Any other location designated by the guardian.

2. The guardian may sell the personal property only if the property is made available for inspection at the time of the sale or photographs of the personal property are posted on an appropriate auction website on the Internet.

3. Personal property may be sold for cash or upon credit.

4. Except as otherwise provided in NRS 159.1515 , a sale or disposition of any personal property of the protected person must not be commenced until 30 days after an inventory of the property is filed with the court and a copy thereof is sent by regular mail to the persons specified in NRS 159.034 . An affidavit of mailing must be filed with the court.

5. The guardian is responsible for the actual value of the personal property unless the guardian makes a report to the court, not later than 90 days after the conclusion of the sale, showing that good cause existed for the sale and that the property was sold for a price that was not disproportionate to the value of the property.

6. Except as otherwise provided in subsection 7, the family members of the protected person and any interested persons must be offered the first right of refusal to acquire the personal property of the protected person at fair market value. Claims to acquire the personal property must be considered in the following order of priority: (a) The spouse or domestic partner of the protected person; (b) A child of the protected person; (c) The parents of the protected person; (d) A sibling of the protected person; (e) The nearest living relative of the protected person by blood or adoption; and (f) Any other interested party.

7. If multiple claims are received from the same priority group pursuant to subsection 6 and an agreement cannot be reached after good faith efforts have been made, the guardian may sell the property.
Nev. Rev. Stat. § 164.795 — NV Code / Title 13 / Chapter 164 / Section 164.795
Adjustment between principal and income; consideration of factors; adjustment prohibited under certain circumstances; release of power to adjust; effect of terms of trust that limit power to adjust
Status: in_force

1. A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust's income, and the trustee determines, after applying the rules in NRS 164.710 and 164.790 , that he or she is unable to comply with subsection 2 of NRS 164.720 .

2. In deciding whether and to what extent to exercise the power conferred by subsection 1, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant: (a) The nature, purpose and expected duration of the trust; (b) The intent of the settlor; (c) The identity and circumstances of the beneficiaries; (d) The needs for liquidity, regularity of income, and preservation and appreciation of capital; (e) The assets held in the trust, the extent to which the assets consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property, the extent to which an asset is used by a beneficiary, and whether an asset was purchased by the trustee or received from the settlor; (f) The net amount allocated to income under the other provisions of NRS 164.780 to 164.925 , inclusive, and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available; (g) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; (h) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; and (i) The anticipated tax consequences of an adjustment.

3. A trustee may not make an adjustment: (a) That diminishes the income interest in a trust that requires all the income to be paid at least annually to a surviving spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment; (b) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion; (c) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (d) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside; (e) If possessing or exercising the power to make an adjustment causes a natural person to be treated as the owner of all or part of the trust for income tax purposes, and the natural person would not be treated as the owner if the trustee did not possess the power to make an adjustment; (f) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of a natural person who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the natural person if the trustee did not possess the power to make an adjustment; (g) If the trustee is a beneficiary of the trust; or (h) If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly.

4. If paragraph (e), (f), (g) or (h) of subsection 3 applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.

5. A trustee may release the entire power conferred by subsection 1 or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (a) to (f), inclusive, or (h) of subsection 3 or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection 3. The release may be permanent or for a specified period, including a period measured by the life of a natural person.

6. Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection 1.
Nev. Rev. Stat. § 162A.830 — NV Code / Title 13 / Chapter 162A / Section 162A.830
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 for health care 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. Unless the power of attorney for health care 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.
Nev. Rev. Stat. § 162A.810 — NV Code / Title 13 / Chapter 162A / Section 162A.810
Time at which power of attorney is effective
Status: in_force

1. A power of attorney for health care is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon incapacity.

2. If a power of attorney for health care becomes effective upon the principal's incapacity, the power of attorney becomes effective upon a determination in a writing or other record by an advanced practice registered nurse, a physician, psychiatrist or licensed psychologist that the principal is incapacitated.

3. An agent named in the power of attorney for health care may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 , as amended, and applicable regulations, to obtain a determination of incapacity.
Nev. Rev. Stat. § 162C.310 — NV Code / Title 13 / Chapter 162C / Section 162C.310
Effect of decision or request by principal with assistance of supporter
Status: in_force

A decision or request made or communicated by a principal with the assistance of a supporter in accordance with this chapter must, for the purposes of any provision of law, be recognized as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same basis as a decision or request of the principal.
Nev. Rev. Stat. § 167.021 — NV Code / Title 13 / Chapter 167 / Section 167.021
Applicability; custodian subject to personal jurisdiction
Status: in_force

1. This chapter applies to a transfer that refers to Nevada's Uniform Act on Transfers to Minors in the designation under subsection 1 of NRS 167.030 by which the transfer is made if at the time of the transfer, the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to the provisions of this chapter despite a subsequent change in the residence of the transferor, the minor or the custodian, or the removal of the custodial property from this state.

2. A person designated as a custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

3. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Nev. Rev. Stat. § 159A.1425 — NV Code / Title 13 / Chapter 159A / Section 159A.1425
Notice of sale of real property of protected minor: When required; manner of providing; waiver; content
Status: in_force

1. Except as otherwise provided in this section and except for a sale pursuant to NRS 159A.123 or 159A.142 , a guardian may sell the real property of a protected minor only after the court grants authority for the sale pursuant to NRS 159A.113 and notice of the sale is published: (a) In a newspaper that is published in the county in which the property, or some portion of the property, is located; (b) If a newspaper is not published in the county in which the property, or some portion of the property, is located: (1) In a newspaper of general circulation in the county; or (2) In such other newspaper as the court orders; or (c) On a public property listing service for a period of not less than 30 days.

2. Except as otherwise provided in this section and except for a sale of real property pursuant to NRS 159A.123 or 159A.142 , the notice of a sale must be published pursuant to paragraph (a) or (b) of subsection 1 not less than three times before the date on which the sale may be made, over a period of 14 days and 7 days apart.

3. For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

4. The court may waive the requirement of publication pursuant to this section if: (a) The guardian is the sole devisee or heir of the estate; or (b) All devisees or heirs of the estate consent to the waiver in writing.

5. Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a net value of $10,000 or less. In lieu of publication, the guardian shall post notice of the sale in three of the most public places in the county in which the property, or some portion of the property, is located for at least 14 days before the date on or after which an offer will be accepted for a sale.

6. Any notice published or posted pursuant to this section must include, without limitation: (a) A description of the real property which reasonably identifies the property to be sold; and (b) The date, time and location on or after which an offer will be accepted.
Nev. Rev. Stat. § 160.080 — NV Code / Title 13 / Chapter 160 / Section 160.080
Notice
Status: in_force

Upon the filing of a petition for the appointment of a guardian under the provisions of this chapter, the court shall cause such notice to be given as provided by law.
Nev. Rev. Stat. § 165.150 — NV Code / Title 13 / Chapter 165 / Section 165.150
Duties of clerks and courts
Status: in_force

The clerks of the district courts shall severally keep records of all trust inventories and accounts filed with their respective courts. Those courts shall, upon learning that a trustee subject to their respective jurisdictions has failed to perform any duty placed upon the trustee by this chapter, issue a citation or order to the trustee requiring him or her to perform that duty.
Nev. Rev. Stat. § 163.554 — NV Code / Title 13 / Chapter 163 / Section 163.554
“Fiduciary” defined
Status: in_force

“ Fiduciary ” means a trustee or custodian under any instrument, or an executor, administrator or personal representative of a decedent's estate or any other person, including an investment trust adviser, trust protector or a trust committee which is acting in a fiduciary capacity for any person, trust or estate.
Nev. Rev. Stat. § 166A.150 — NV Code / Title 13 / Chapter 166A / Section 166A.150
“State” defined
Status: in_force

“ State ” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
Nev. Rev. Stat. § 162A.730 — NV Code / Title 13 / Chapter 162A / Section 162A.730
“Declaration” defined
Status: in_force

“ Declaration ” means a writing executed in accordance with the requirements of NRS 449A.433 .
Nev. Rev. Stat. § 164.845 — NV Code / Title 13 / Chapter 164 / Section 164.845
Allocation of receipts from rental property to income; treatment of refundable deposit
Status: in_force

To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount.
Nev. Rev. Stat. § 164.775 — NV Code / Title 13 / Chapter 164 / Section 164.775
Terms and language of trust which authorize certain investments or strategies
Status: in_force

The following terms or comparable language in the terms of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under NRS 164.700 to 164.775 , inclusive: “ investments permissible by law for investment of trust funds ,” “ legal investments ,” “ authorized investments ,” “ using the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital ,” “ prudent man rule ,” “ prudent trustee rule ,” “ prudent person rule ” and “ prudent investor rule .”
Nev. Rev. Stat. § 159.0145 — NV Code / Title 13 / Chapter 159 / Section 159.0145
“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. § 164.780 — NV Code / Title 13 / Chapter 164 / Section 164.780
Short title
Status: in_force

NRS 164.700, subsection 2 of NRS 164.720 and NRS 164.780 to 164.925 , inclusive, may be cited as the Uniform Principal and Income Act (1997).
Nev. Rev. Stat. § 163.220 — NV Code / Title 13 / Chapter 163 / Section 163.220
Short title
Status: in_force

This section and NRS 163.230 and 163.250 may be cited as the Uniform Testamentary Additions to Trusts Act.
Nev. Rev. Stat. § 159.019 — NV Code / Title 13 / Chapter 159 / Section 159.019
“Incapacitated” defined
Status: in_force

A person is “incapacitated” if he or she, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.
Nev. Rev. Stat. § 159A.1475 — NV Code / Title 13 / Chapter 159A / Section 159A.1475
Sale of real property made upon credit
Status: in_force

1. If a sale of real property is made upon credit, the guardian shall take: (a) The note or notes of the purchaser for the unpaid portion of the sale; and (b) A mortgage on the property to secure the payment of the notes.

2. The mortgage may contain a provision for release of any part of the property if the court approves the provision.
Nev. Rev. Stat. § 159.119 — NV Code / Title 13 / Chapter 159 / Section 159.119
Continuing business of protected person
Status: in_force

A guardian of the estate, with prior approval of the court by order, may continue any business of the protected person. The order may provide for any one or more of the following:

1. The conduct or reorganization of the business solely by the guardian, jointly by the guardian with one or more of the partners, shareholders, members, or joint venturers of the protected person or as a corporation or limited-liability company of which the protected person is or becomes a shareholder or member.

2. The extent to which the guardian may incur liability of the estate of the protected person for obligations arising from the continuation of the business.

3. Whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate of the protected person allocated for use in the business or to the estate as a whole.

4. The period of time during which the business may be conducted.

5. Any other conditions, restrictions, regulations and requirements as the court considers proper.
Nev. Rev. Stat. § 159A.163 — NV Code / Title 13 / Chapter 159A / Section 159A.163
Agreement for rental or bailment of personal property
Status: in_force

A guardian of the estate, with prior approval of the court by order, may enter into agreements providing for the rental or bailment of the protected minor's personal property. All proceedings to obtain such a court order must be the same as required for the lease of real property.
Nev. Rev. Stat. § 160.150 — NV Code / Title 13 / Chapter 160 / Section 160.150
Copies of public records to be furnished
Status: in_force

When a copy of any public record is required by the Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the Department of Veterans Affairs, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on behalf of the applicant or the representative of the Department of Veterans Affairs with a certified copy of such record.
Nev. Rev. Stat. § 159A.065 — NV Code / Title 13 / Chapter 159A / Section 159A.065
Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances
Status: in_force

1. Except as otherwise provided by law, every guardian shall, before entering upon his or her duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the protected minor and the estate of the protected minor, and conditioned upon the faithful discharge by the guardian of his or her authority and duties according to law. The bond must be approved by the clerk. Sureties must be jointly and severally liable with the guardian and with each other.

2. If a banking corporation, as defined in NRS 657.016 , doing business in this State, is appointed guardian of the estate of a protected minor, no bond is required of the guardian, unless specifically required by the court.

3. Joint guardians may unite in a bond to the protected minor or protected minors, or each may give a separate bond.

4. If there are no assets of the protected minor, no bond is required of the guardian.

5. If a person has been nominated to be guardian in a will, power of attorney or other written instrument that has been acknowledged before two disinterested witnesses or acknowledged before a notary public and the will, power of attorney or other written instrument provides that no bond is to be required of the guardian, the court may direct letters of guardianship to issue to the guardian after the guardian: (a) Takes and subscribes the oath of office; and (b) Files the appropriate documents which contain the full legal name and address of the guardian.

6. In lieu of executing and filing a bond, the guardian may request that access to certain assets be blocked. The court may grant the request and order letters of guardianship to issue to the guardian if sufficient evidence is filed with the court to establish that such assets are being held in a manner that prevents the guardian from accessing the assets without a specific court order.
Nev. Rev. Stat. § 163.060 — NV Code / Title 13 / Chapter 163 / Section 163.060
Trustee selling from one trust to self as trustee of another trust
Status: in_force

1. Except as otherwise provided in subsection 2 or authorized by the trust instrument, a trustee shall not as trustee of one trust sell property to itself as trustee of another trust except with the approval of the court having jurisdiction of the trust estate.

2. A bank or other corporate trustee which is subject to regulation by state or federal authorities may sell a security which is listed on a regulated stock exchange or sold over the counter by the National Association of Securities Dealers and is held by it as fiduciary in one account to itself as fiduciary in another account if the transaction is fair to the beneficiaries of both accounts and is not otherwise expressly prohibited by a particular statute.
Nev. Rev. Stat. § 162A.780 — NV Code / Title 13 / Chapter 162A / Section 162A.780
“Terminal condition” defined
Status: in_force

“ Terminal condition ” means an incurable and irreversible condition that cannot be cured or modified by any known current medical therapy or treatment, and which, without the administration of life-sustaining treatment, will in the opinion of the attending physician result in death within a relatively short time period.
Nev. Rev. Stat. § 163.002 — NV Code / Title 13 / Chapter 163 / Section 163.002
Creation: Methods; certain property deemed trust property
Status: in_force

1. Except as otherwise provided by specific statute or any regulatory or contractual restrictions, a trust may be created by any of the following methods: (a) A declaration by the owner of property that he or she or another person holds the property as trustee. In the absence of a contrary declaration by the owner of the property or of a transfer of the property to a third party and regardless of formal title to the property: (1) Property declared to be trust property, together with all income therefrom and the reinvestment thereof, must remain trust property; and (2) If the property declared to be trust property includes an account, contract, certificate, note, judgment, business interest, contents of a safe deposit box or other property interest that is subject to additions or contributions, all subsequent additions and contributions to the property are also trust property. (b) A transfer of property by the owner during his or her lifetime to another person as trustee. (c) A testamentary transfer of property by the owner to another person as trustee. (d) An exercise of a power of appointment in trust. (e) An enforceable promise to create a trust.

2. A declaration pursuant to paragraph (a) of subsection 1 may, but is not required to, include a schedule or list of trust assets that is signed by the owner of the property or that is incorporated by reference into a document that is signed by the owner of the property.

3. A declaration by the owner of property pursuant to paragraph (a) of subsection 1 that he or she or another person holds all the property of the declarant in trust is sufficient to create a trust over all the property of the declarant that is reliably identified through the use of extrinsic evidence as belonging to the declarant at the time of his or her death.
Nev. Rev. Stat. § 163.145 — NV Code / Title 13 / Chapter 163 / Section 163.145
Using power to appoint or distribute income to discharge own legal obligation prohibited
Status: in_force

Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the benefit of others, individually or as trustee, may not use the power to discharge his or her legal obligations.
Nev. Rev. Stat. § 159.086 — NV Code / Title 13 / Chapter 159 / Section 159.086
Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal
Status: in_force

1. Except as otherwise provided in subsection 2, the guardian of an estate shall cause an appraisal or valuation of any asset of a guardianship estate to be conducted by a disinterested appraiser, certified public accountant or expert in valuation and file the appraisal or valuation with the court.

2. In lieu of an appraisal, the guardian may file: (a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation: (1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and (2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000. (b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.
Nev. Rev. Stat. § 159A.342 — NV Code / Title 13 / Chapter 159A / Section 159A.342
Determination as to whether guardian has already been appointed upon application by person to be designated as guardian
Status: in_force

1. If a guardian applies to a court to be designated as the guardian of a person, the court must determine whether a guardian has already been designated for the person by accessing the Nevada Lockbox established by the Secretary of State pursuant to NRS 225.360 in accordance with the provisions of NRS 225.380 .

2. When determining whether a guardian has already been designated for the person, if the court determines that two or more different designations exist and each designation is valid, the most recent designation shall be deemed to be the controlling designation.

3. If the court determines that a guardian has already been designated for the person, the application for guardianship cannot proceed unless the court revokes the designation.
Nev. Rev. Stat. § 159A.056 — NV Code / Title 13 / Chapter 159A / Section 159A.056
Order for payment for support of proposed protected minor; assignment of payment to guardian
Status: in_force

If a court order is in effect for payment for the support of a proposed protected minor, upon entry of an order appointing a guardian for the minor, the court shall order the assignment of the payment to the guardian for the support of that minor.
Nev. Rev. Stat. § 163.4167 — NV Code / Title 13 / Chapter 163 / Section 163.4167
Common law
Status: in_force

The provisions of NRS 163.414 to 163.419 , inclusive, do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of NRS 163.414 to 163.419 , inclusive.
Nev. Rev. Stat. § 163.325 — NV Code / Title 13 / Chapter 163 / Section 163.325
Advancing money
Status: in_force

A fiduciary may advance money for the protection of the trust or estate, and for all expenses, losses and liabilities sustained in the administration of the trust or estate or because of the holding or ownership of any trust or estate assets, for which advances with any interest the fiduciary shall have a lien on the assets of the trust or estate as against a beneficiary.