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2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0455 - Appointment and duties of guardians ad litem.

1. On or after the date of the filing of a petition to appoint a guardian:
(a) The court may, in any proceeding, appoint a person to represent the protected person or proposed protected person as a guardian ad litem if the court believes that the protected person or proposed protected person will benefit from the appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person; and
(b) The guardian ad litem must represent the protected person or proposed protected person as a guardian ad litem until relieved of that duty by court order.
2. Upon the appointment of the guardian ad litem, the court shall set forth in the order of appointment the duties of the guardian ad litem.
3. If a court-approved volunteer advocate program for guardians ad litem has been established in a judicial district, a court may appoint a person who is not an attorney to represent a protected person or proposed protected person as a guardian ad litem. If such a program has been established, all volunteers participating in the program must complete appropriate training, as determined by relevant national or state sources or as approved by the Supreme Court or the district court in the judicial district, before being appointed to represent a protected person or proposed protected person.
4. A guardian ad litem appointed pursuant to this section is an officer of the court and is not a party to the case. A guardian ad litem appointed pursuant to this section shall not offer legal advice to the protected person or proposed protected person but shall:
(a) Advocate for the best interests of the protected person or proposed protected person in a manner that will enable the court to determine the action that will be the least restrictive and in the best interests of the protected person or proposed protected person; and
(b) Provide any information required by the court.
(Added to NRS by 2003, 1758; A 2017, 2553)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.046 - Appointment, duties and compensation of investigators.

1. Upon filing of the petition, or any time thereafter, the court may appoint one or more investigators to:
(a) Locate persons who perform services needed by the proposed protected person and other public and private resources available to the proposed protected person.
(b) Determine any competing interests in the appointment of a guardian.
(c) Investigate allegations or claims which affect a protected person or proposed protected person.
2. An investigator may be an employee of a social service agency, family service officer of the court, public guardian, physician or other qualified person.
3. An investigator shall file with the court and parties a report concerning the scope of the appointment of the guardian and any special powers which a guardian would need to assist the proposed protected person.
4. An investigator who is appointed pursuant to this section is entitled to reasonable compensation from the estate of the proposed protected person. If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the person to pay to the estate of the proposed protected person all or part of the expenses associated with the investigation.
(Added to NRS by 1981, 1932; A 2003, 1773)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.047 - Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service.

1. Except as otherwise provided in NRS 159.0475, 159.0523 and 159.0525, upon the filing of a petition under NRS 159.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed protected person.
2. A citation issued under subsection 1, together with a copy of the petition filed under NRS 159.044, must be served upon:
(a) The proposed protected person, regardless of whether the proposed protected person is considered to have the capacity to understand or appreciate the contents of the citation and petition;
(b) The spouse of the proposed protected person and all other known relatives of the proposed protected person who are:
(1) Fourteen years of age or older; and
(2) Within the second degree of consanguinity;
(c) The parents and custodian of the proposed protected person;
(d) Any person or officer of a care provider having the care, custody or control of the proposed protected person;
(e) The proposed guardian, if the petitioner is not the proposed guardian;
(f) Any office of the Department of Veterans Affairs in this State if the proposed protected person is receiving any payments or benefits through the Department of Veterans Affairs; and
(g) The Director of the Department of Health and Human Services if the proposed protected person has received or is receiving any benefits from Medicaid.
3. A person who serves notice upon a proposed protected person pursuant to paragraph (a) of subsection 2 shall file with the court an affidavit stating that he or she served notice upon the proposed protected person in accordance with the provisions of NRS 159.0475.
(Added to NRS by 1969, 414; A 1981, 1934; 1999, 1397; 2001, 870; 2003, 1774; 2013, 909; 2017, 872, 3902)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0475 - Manner of serving citation.

1. A copy of the citation issued pursuant to NRS 159.047, together with a copy of the petition filed under NRS 159.044, must be served:
(a) Except as otherwise ordered by the court, on a proposed protected person by personal service in the manner provided pursuant to the Nevada Rules of Civil Procedure at least 10 days before the date set for the hearing; and
(b) On each person required to be served pursuant to NRS 159.047 other than a proposed protected person by:
(1) Certified mail, with a return receipt requested, at least 20 days before the hearing; or
(2) Personal service in the manner provided pursuant to the Nevada Rules of Civil Procedure at least 10 days before the date set for the hearing.
2. If none of the persons on whom the citation and petition is to be served can, after due diligence, be served by certified mail or personal service, as applicable, and this fact is proven by affidavit to the satisfaction of the court, service of the citation must be made by publication in the manner provided by the Nevada Rules of Civil Procedure. In all such cases, the citation must be published at least 20 days before the date set for the hearing.
3. A citation and petition need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of the citation and petition or who makes a general appearance.
4. The court may find that notice is sufficient if:
(a) The citation and petition have been served by personal service on the proposed protected person and an affidavit of such service has been filed with the court pursuant to subsection 3 of NRS 159.047;
(b) The citation and petition have been served by certified mail, with a return receipt requested, or by personal service on the care provider or public guardian required to be served pursuant to NRS 159.047; and
(c) At least one relative of the proposed protected person who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed protected person has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.
(Added to NRS by 1969, 414; A 1981, 1935; 1995, 1077; 2003, 1775; 2013, 909; 2017, 3903)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.048 - Contents of citation.

The citation issued pursuant to NRS 159.047 must state that the:
1. Proposed protected person may be adjudged to be incapacitated or of limited capacity and a guardian may be appointed for the proposed protected person;
2. Rights of the proposed protected person may be affected as specified in the petition;
3. Proposed protected person has the right to appear at the hearing and to oppose the petition; and
4. Proposed protected person has the right to be represented by an attorney, who may be appointed for the proposed protected person by the court if the proposed protected person is unable to retain one.
(Added to NRS by 1981, 1931; A 2003, 1775; 2017, 3904)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0485 - Appointment of attorney for proposed protected person.

1. Upon the filing of a petition for the appointment of a guardian for a proposed protected person, the court shall appoint an attorney for the proposed protected person unless the proposed protected person wishes to retain or has already retained an attorney of his or her own choice.
2. The court shall:
(a) If the proposed protected person resides in a county that has a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons and the program is able to accept the case, appoint an attorney who works for the organization operating the program to represent the proposed protected person. After such an appointment, if it is ascertained that the proposed protected person wishes to have another attorney represent him or her, the court shall appoint that attorney to represent the proposed protected person. An attorney appointed pursuant to this subsection shall represent the proposed protected person until relieved of the duty by court order.
(b) If the proposed protected person resides in a county that does not have a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons, or if such a program exists but the program is unable to accept the case, the court shall determine whether the proposed protected person has the ability to pay the reasonable compensation and expenses of an attorney from his or her estate. If the proposed protected person:
(1) Has the ability to pay the reasonable compensation and expenses of an attorney, the court shall order an attorney to represent the proposed protected person and require such compensation and expenses of the attorney to be paid from the estate of the proposed protected person.
(2) Does not have the ability to pay the reasonable compensation and expenses of an attorney, the court may use the money retained pursuant to subparagraph (2) of paragraph (a) of subsection 3 of NRS 247.305 to pay for an attorney to represent the proposed protected person.
3. If an attorney is appointed pursuant to paragraph (a) of subsection 2 and the proposed protected person has the ability to pay the compensation and expenses of an attorney, the organization operating the program for legal services may request that the court appoint a private attorney to represent the proposed protected person, to be paid by the proposed protected person.
4. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the protected person or proposed protected person all or part of the expenses associated with the appointment of the attorney.
5. Any attorney who intends to seek compensation from the estate of the protected person or proposed protected person must follow the procedure established in NRS 159.344.
(Added to NRS by 1999, 1396; A 2003, 1776; 2009, 2521; 2013, 910; 2017, 873, 2554, 3904)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0486 - Finding of vexatious litigant; sanctions.

1. A court may find that a petitioner is a vexatious litigant if a person, other than the protected person:
(a) Files a petition which is without merit or intended to harass or annoy the guardian; and
(b) Has previously filed pleadings in a guardianship proceeding that were without merit or intended to harass or annoy the guardian.
2. If a court finds a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses incurred by the estate of the protected person to defend the petition, to respond to the petition and for any other pecuniary losses which are associated with the petition.
(Added to NRS by 2009, 1639)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0487 - Types of guardians.

Any court of competent jurisdiction may appoint:
1. Guardians of the person, of the estate, or of the person and estate for persons who are incapacitated whose home state is this State.
2. Guardians of the person or of the person and estate for persons who are incapacitated who, although not residents of this State, are physically present in this State and whose welfare requires such an appointment.
3. Guardians of the estate for nonresident persons who are incapacitated who have property within this State.
4. Special guardians.
5. Guardians ad litem.
(Added to NRS by 1969, 412; A 1981, 1934; 2003, 1771; 2009, 1648; 2017, 873, 3905)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0535 - Attendance of proposed protected person at hearing.

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.
(Added to NRS by 1981, 1932; A 2003, 1781; 2009, 2522; 2013, 915; 2017, 875, 2555; 2019, 1238)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.054 - Finding and order of court upon petition: Dismissal of petition; appointment of special or general guardian.

1. If the court finds that the proposed protected person is not incapacitated and is not in need of a guardian, the court shall dismiss the petition.
2. If the court finds that the proposed protected person is of limited capacity and is in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian.
3. If the court finds that appointment of a general guardian is required, the court shall appoint a general guardian of the person, estate, or person and estate of the proposed protected person.
(Added to NRS by 1981, 1932; A 2003, 1781; 2017, 876, 3905)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.055 - Burden of proof; order appointing guardian; notice of entry of order.

1. The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.
2. If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed protected person, the court shall enter an order appointing a guardian. The order must:
(a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian;
(b) Specify whether the proposed protected person is a resident or nonresident of this State;
(c) Specify the amount of the bond to be executed and filed by the guardian; and
(d) Designate the names and addresses, so far as may be determined, of:
(1) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047; and
(2) Any other interested person.
3. A notice of entry of the court order must be sent to:
(a) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047; and
(b) Any other interested person.
(Added to NRS by 1969, 415; A 1981, 1936; 2003, 1781; 2017, 876)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.057 - Appointment of guardian for two or more proposed protected persons; powers, duties and termination of such guardianships.

1. Where the appointment of a guardian is sought for two or more proposed protected persons who are children of a common parent, parent and child or married couple, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed protected person or protected persons.
2. If a guardian is appointed for such protected persons, the guardian:
(a) Shall keep separate accounts of the estate of each protected person;
(b) May make investments for each protected person;
(c) May compromise and settle claims against one or more protected persons; and
(d) May sell, lease, mortgage or otherwise manage the property of one or more protected persons.
3. The guardianship may be terminated with respect to less than all the protected persons in the same manner as provided by law with respect to a guardianship of a single protected person.
(Added to NRS by 1969, 415; A 2003, 1782; 2017, 786)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0593 - Determination of whether proposed protected person is prohibited from possessing firearm under federal law.

1. If the court orders a general guardian appointed for a proposed protected person, the court shall determine, by clear and convincing evidence, whether the proposed protected person is a person with a mental defect who is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(d)(4) or (g)(4). If a court makes a finding pursuant to this section that the proposed protected person is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause, within 5 business days after issuing the order, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
2. As used in this section:
(a) "National Instant Criminal Background Check System" has the meaning ascribed to it in NRS 179A.062.
(b) "Person with a mental defect" means a person who, as a result of marked subnormal intelligence, mental illness, incapacitation, condition or disease:
(1) Is a danger to himself or herself or others; or
(2) Lacks the capacity to contract or manage his or her own affairs.
(Added to NRS by 2009, 2490; A 2015, 1805; 2017, 3905)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0594 - Determination of whether proposed protected person lacks mental capacity to vote.

1. A protected person retains his or her right to vote unless the court specifically finds by clear and convincing evidence that the protected person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.
2. If the court makes a finding pursuant to subsection 1, the court must include the finding in a court order and provide a certified copy of the order to the county clerk or the registrar of voters, as applicable, of the county in which the protected person resides and to the Office of the Secretary of State, in the manner set forth in NRS 293.542.
(Added to NRS by 2013, 60)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0595 - Private professional guardians.

1. In order for a person to serve as a private professional guardian, the person must be:
(a) A natural person who is a certified guardian and is employed by an entity that is licensed pursuant to chapter 628B of NRS, unless the entity is not required to have such a license pursuant to subsection 2; or
(b) An entity that:
(1) Is qualified to serve as a guardian pursuant to NRS 159.0613;
(2) Has a license issued pursuant to chapter 628B of NRS, unless the entity is not required to have such a license pursuant to subsection 2; and
(3) Has a private professional guardian who meets the requirements set forth in paragraph (a) involved in the day-to-day operation or management of the entity.
2. An entity that wishes to serve as a private professional guardian is not required to have a license issued pursuant to chapter 628B of NRS if the entity is exempt from the requirement to have such a license pursuant to NRS 628B.110.
3. As used in this section:
(a) "Certified guardian" means a person who is certified by the Center for Guardianship Certification or any successor organization.
(b) "Entity" includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.
(Added to NRS by 2005, 814; A 2009, 1655; 2011, 997; 2015, 2365, 2507; 2017, 877, 2424)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0615 - Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation.

1. If the court determines that a person 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 person.
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 person.
(Added to NRS by 1997, 1342; A 2003, 1784)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0617 - Court or master of court or special master authorized to allow certain persons to testify at hearing to determine person most qualified and suitable to serve as guardian.

If the court or a master of the court or special master appointed pursuant to NRS 159.0615 finds that a parent or other relative, teacher, friend or neighbor of a proposed protected person or any other interested person:
1. Has a personal interest in the well-being of the proposed protected person; or
2. Possesses information that is relevant to the determination of who should serve as guardian for the proposed protected person,
the court or a master of the court or special master appointed pursuant to NRS 159.0615 may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to serve as guardian for the proposed protected person.
(Added to NRS by 1997, 1343; A 2003, 1784)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.062 - Guardian nominated by will.

A parent or spouse of a person who is incapacitated or person of limited capacity may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.
(Added to NRS by 1981, 1933; A 2017, 881, 3908)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.065 - Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances.

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 person and the estate of the protected person, 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 person, no bond is required of the guardian, unless specifically required by the court.
3. Joint guardians may unite in a bond to the protected person or protected persons, or each may give a separate bond.
4. If there are no assets of the protected person, 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.
(Added to NRS by 1969, 416; A 1971, 1010; 1973, 386; 2003, 1784; 2011, 1464)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.067 - Bond: Court may require increase, decrease or other change; exoneration of former sureties.

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.
(Added to NRS by 1969, 417)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.069 - Bond: Filing; remedy for breach.

Every bond given by a guardian shall be filed and preserved in the office of the clerk of the district court of the county in which the guardianship proceeding is conducted. In case of the breach of any condition of such bond, an action may be maintained in behalf of the protected person or protected persons jointly if all are interested, or of any person interested in the estate, and such bond shall not be void on the first recovery. If the action on the bond is in behalf of one protected person on a bond given to more than one protected person, the other protected persons mentioned in the bond need not be united in or made parties to such action. As used in this section, "protected person" includes a protected minor.
(Added to NRS by 1969, 417; A 2017, 881)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.071 - Bond: Limitations on action.

No action may be maintained against the sureties on any bond given by a guardian unless it is commenced within 3 years from the time the guardian is discharged, unless at the time of such discharge the person entitled to bring the action is under any legal disability to sue, in which case the action may be brought at any time within 3 years after the disability is removed.
(Added to NRS by 1969, 417)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.073 - Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances.

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.
(Added to NRS by 1969, 417; A 1999, 1399; 2003, 1785; 2011, 998; 2013, 916; 2017, 2556)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.074 - Copy of order of appointment to be served upon protected person; notice of entry of order to be filed with court.

1. A copy of the order appointing the guardian must be served personally or by mail upon the protected person not later than 5 days after the date of the appointment of the guardian.
2. The order must contain the names, addresses and telephone numbers of the guardian, the attorney of the protected person, if any, and the investigator.
3. A notice of entry of the order must be filed with the court.
(Added to NRS by 1981, 1932; A 2003, 1785)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.075 - Letters of guardianship.

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:
State of Nevada }
}ss.
County of................................ }
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).
.......................................................................
Clerk
(SEAL)
.......................................................................
Deputy Clerk
(Added to NRS by 1969, 417; A 1981, 1936; 2001, 35; 2003, 1785; 2017, 881)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0755 - Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate.

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.
(Added to NRS by 1969, 432; A 1999, 1400; 2009, 1656)—(Substituted in revision for NRS 159.189)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.076 - Summary administration.

1. The court may grant a summary administration if, at any time, it appears to the court that after payment of all claims and expenses of the guardianship the value of the property of the protected person does not exceed $10,000.
2. If the court grants a summary administration, the court may authorize the guardian of the estate or special guardian who is authorized to manage the property of the protected person to convert the property to cash and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit the money in savings accounts or invest the money as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the protected person. The court may dispense with annual accountings and all other proceedings required by this chapter.
3. Whether the court grants a summary administration at the time the guardianship is established or at any other time, the guardian shall file an inventory and record of value with the court.
4. If, at any time, the net value of the estate of the protected person exceeds $10,000:
(a) The guardian shall file an amended inventory and accounting with the court;
(b) The guardian shall file annual accountings; and
(c) The court may require the guardian to post a bond.
(Added to NRS by 1969, 433; A 1981, 1938; 1999, 1401; 2003, 1801; 2009, 1656; 2017, 881)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0795 - Supervisory authority and powers of special guardian.

1. A special guardian shall exercise supervisory authority over the protected person in a manner which is least restrictive of the personal freedom of the protected person and which is consistent with the need of the protected person for supervision and protection.
2. A special guardian has the powers set forth in the order appointing the special guardian and any other powers given to the special guardian in an emergency which are necessary and consistent to resolve the emergency or protect the protected person from imminent harm.
(Added to NRS by 1981, 1933; A 2003, 1786)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0801 - Special guardian of person of limited capacity: Approval of court generally required before commencing act relating to person; grant of certain powers by court.

1. Except when responding to an emergency, a special guardian of a person of limited capacity shall apply to the court for instruction or approval before commencing any act relating to the person of limited capacity.
2. The court may grant a special guardian of a person of limited capacity the power to manage and dispose of the estate of the protected person pursuant to NRS 159.117 to 159.175, inclusive, and perform any other act relating to the protected person upon specific instructions or approval of the court.
(Added to NRS by 1981, 1933; A 2003, 1786)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0805 - Approval of court required before guardian may consent to certain treatment of or experiment on protected person; conditions for approval.

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 person; or
(b) The participation of a protected person 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 person; or
(b) Is intended to assist the protected person to develop or regain the abilities of the protected person.
(Added to NRS by 1981, 1933; A 1999, 1400; 2003, 1786; 2007, 2032; 2019, 85)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0806 - Approval of court required before guardian may consent to sterilization of protected person; conditions for approval.

1. A guardian shall not consent to the sterilization of a protected person unless the guardian applies to the court for the authority to consent to the sterilization and obtains such authority from the court.
2. Unless an attorney or a guardian ad litem has already been appointed, after a guardian applies to the court for the authority to consent to the sterilization of a protected person, the court shall appoint:
(a) An attorney to represent the protected person; and
(b) A guardian ad litem to make recommendations on behalf of the protected person.
3. The court must conduct a full evidentiary hearing before authorizing the guardian of the protected person to consent to the sterilization.
4. The court may authorize a guardian to consent to the sterilization of a protected person only if the court finds by clear and convincing evidence that the sterilization is in the best interest of the protected person. Before the court grants such authority to a guardian, the court must consider whether any less irrevocable and intrusive means of contraception would be suitable.
(Added to NRS by 2019, 84)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0809 - Notification to interested persons and persons of natural affection required upon impending death or death of protected person or obtaining information concerning burial or cremation of protected person.

1. Except as otherwise provided in NRS 159.0807, a guardian shall immediately notify all interested persons and persons of natural affection:
(a) If the guardian reasonably believes that the death of the protected person is likely to occur within the next 30 days and such belief is based on information from a psychologist, physician or other health care provider of the protected person or a person otherwise qualified to provide such a medical opinion, including, without limitation, a health care provider employed by a hospice or by a hospital of the Department of Veterans Affairs.
(b) Upon the death of the protected person.
(c) Upon obtaining any information relating to the burial or cremation of the protected person.
2. The guardian shall provide notification pursuant to paragraph (b) of subsection 1:
(a) In person or by telephone to the family members of the protected person or, if the protected person does not have any family members or does not have a relationship with any family members, the person of natural affection designated to receive such notification;
(b) By electronic communication to any family member of the protected person or person of natural affection who has opted to receive notification by electronic communication; and
(c) In writing to all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).
(Added to NRS by 2017, 2551)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.081 - Reports by guardian of person; waiver of requirement.

1. A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the protected person and the exercise of authority and performance of duties by the guardian:
(a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian;
(b) Within 10 days of moving a protected person to a secured residential long-term care facility; and
(c) At such other times as the court may order.
2. A report filed pursuant to paragraph (b) of subsection 1 must:
(a) Include a copy of the written recommendation upon which the transfer was made; and
(b) Except as otherwise provided in subsection 6, be served, without limitation, on the protected person and any attorney for the protected person.
3. The court may prescribe the form for filing a report described in subsection 1. Such a report must include, without limitation:
(a) The physical condition of the protected person;
(b) The place of residence of the protected person;
(c) The name of all other persons living with the protected person unless the protected person is residing at a secured residential long-term care facility, group home, supportive living facility, home in which supported living arrangement services are provided, assisted living facility or other facility for long-term care; and
(d) Any other information required by the court.
4. The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court.
5. The court is not required to hold a hearing or enter an order regarding the report.
6. The court may waive the requirement set forth in paragraph (b) of subsection 2 that a report filed pursuant to paragraph (b) of subsection 1 must be served on a protected person upon a showing that such service is detrimental to the physical or mental health of the protected person.
7. As used in this section:
(a) "Facility for long-term care" has the meaning ascribed to it in NRS 427A.028.
(b) "Supported living arrangement services" has the meaning ascribed to it in NRS 435.3315.
(Added to NRS by 1969, 418; A 2003, 1787; 2009, 2522; 2017, 2558, 3910; 2019, 1242)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.083 - General functions of guardian of estate.

A guardian of the estate shall:
1. Protect, preserve, manage and dispose of the estate of the protected person according to law and for the best interests of the protected person.
2. Apply the estate of the protected person for the proper care, maintenance, education and support of the protected person and any person to whom the protected person owes a legal duty of support, having due regard for other income or property available to support the protected person or any person to whom the protected person owes a legal duty of support.
3. Have such other authority and perform such other duties as are provided by law.
(Added to NRS by 1969, 418)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.085 - Inventory, supplemental inventory and appraisal of property of protected person.

1. Not later than 60 days after the date of the appointment of a general or special guardian of the estate or, if necessary, such further time as the court may allow, the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the protected person which comes to the possession or knowledge of the guardian, including, without limitation, the existence of any trust of which the protected person is currently a beneficiary who is receiving or is entitled to receive distributions.
2. A temporary guardian of the estate who is not appointed as the general or special guardian shall file an inventory with the court by not later than the date on which the temporary guardian files a final accounting as required pursuant to NRS 159.177.
3. The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:
(a) All of the estate of the protected person which has come into the possession of the guardian;
(b) All of the money that belongs to the protected person; and
(c) All of the just claims of the protected person against the guardian.
4. A copy of the inventory filed with the court and a notice of the filing must be served on the protected person, his or her attorney and any guardian ad litem representing the protected person.
5. Whenever any property of the protected person not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, the guardian shall:
(a) Make and file in the proceeding a verified supplemental inventory not later than 30 days after the date the property comes to the possession or knowledge of the guardian; or
(b) Include the property in the next accounting.
6. The court may order which of the two methods described in subsection 5 the guardian shall follow.
7. The court may order all or any part of the property of the protected person appraised as provided in NRS 159.0865 and 159.305.
8. If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for good cause shown and upon such notice as the court deems appropriate:
(a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian; or
(b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.
(Added to NRS by 1969, 419; A 1997, 1494; 1999, 1400; 2003, 1787; 2017, 1236, 3910)