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2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.195 - Disposition of claims of creditor after termination of guardianship by death of protected person.

1. If the guardianship is terminated by reason of the death of the protected person:
(a) Except as otherwise provided in NRS 159.197, the guardian shall report to the personal representative claims which are presented to the guardian, or which have been presented to the guardian but have not been paid, except those incurred in paying the expenses of administration of the guardianship estate and in winding up the affairs of the guardianship estate.
(b) Claims which have been allowed by the guardian, but not paid, shall be paid by the personal representative in the course of probate in the priority provided by law for payment of claims against a decedent, and shall have the same effect and priority as a judgment against a decedent.
(c) Claims which have been presented and not allowed or rejected shall be acted upon by the personal representative in the same manner as other claims against a decedent.
2. The personal representative shall be substituted as the party in interest for the guardian in any action commenced or which may be commenced by the creditor pursuant to NRS 159.107, including summary determination, on any claim rejected by the guardian.
(Added to NRS by 1969, 433; A 2003, 1800)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.197 - Delivery of physical possession of property of protected person; petition to modify title to such property; handling property of deceased protected person.

1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the property of the protected person to the protected person, the personal representative or the successor guardian, as the case may be, and obtain a receipt of the delivery of the property.
2. Before the guardian delivers physical possession of the property of the protected person to the personal representative and upon sufficient evidence of prior title, the guardian may petition the court to have the title to the property modified, on a pro rata basis, to reflect the manner in which title was held before the guardianship was established so that the property is distributed to the intended beneficiary or former joint owner of the property.
3. If the guardianship has terminated by reason of the death of the protected person, the court, by order, may authorize the guardian to handle the property of the deceased protected person in the same manner as authorized by NRS 146.070 or 146.080, if the gross value of the property, less encumbrances, and less fees, costs and expenses that are approved by the court, remaining in the hands of the guardian does not exceed the amount authorized pursuant to NRS 146.070 or 146.080.
(Added to NRS by 1969, 433; A 1971, 157; 1973, 432; 1975, 1780; 1979, 479; 1983, 196; 1997, 1495; 2003, 1801, 2514)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.199 - Discharge of guardian; exoneration of bond; order of discharge.

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.
(Added to NRS by 1969, 433; A 2003, 1801)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.19905 - Time period for which certain records are required to be maintained.

A guardian shall maintain all records and documents for each protected person whom the guardian has authority over for a period of not less than 7 years after the court terminates the guardianship and shall maintain all financial records related to the guardianship for a period of not less than 7 years after the date of the last financial transaction.
(Added to NRS by 2009, 1639)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1994 - Communication with other courts.

1. A court of this State may communicate with a court of another state concerning a proceeding arising under NRS 159.1991 to 159.2029, inclusive. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
2. Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
(Added to NRS by 2009, 1640)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1995 - Cooperation with other courts.

1. In a guardianship proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following:
(a) Hold an evidentiary hearing;
(b) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state;
(c) Order that an evaluation or assessment be made of the protected person;
(d) Order any appropriate investigation of a person involved in a proceeding;
(e) Forward to the court of this State a certified copy of the transcript or other record of a hearing under paragraph (a) or any other proceeding, any evidence otherwise produced under paragraph (b), and any evaluation or assessment prepared in compliance with an order under paragraph (c) or (d);
(f) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the proposed protected person, the protected person or the person who is incapacitated; and
(g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state relating to the protected person or proposed protected person, including protected health information as defined in 45 C.F.R. § 160.103.
2. If a court of another state in which a guardianship or conservatorship proceeding is pending requests assistance of the kind provided in subsection 1, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
(Added to NRS by 2009, 1640; A 2017, 3920)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1997 - Taking testimony in another state.

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.
(Added to NRS by 2009, 1640)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1998 - General provisions governing jurisdiction and special jurisdiction.

1. A court of this State has jurisdiction to appoint a guardian if:
(a) This State is the home state of the proposed protected person;
(b) The proposed protected person holds property within this State and a court of the home state of the proposed protected person has declined to exercise jurisdiction because this State is a more appropriate forum;
(c) The proposed protected person has a significant connection with this State and a court of the home state of the proposed protected person has declined to exercise jurisdiction because this State is a more appropriate forum; or
(d) The proposed protected person does not have a home state.
2. A court of this State lacking jurisdiction under subsection 1 has special jurisdiction to appoint a temporary guardian for a protected person:
(a) To facilitate transfer of the guardianship proceedings from another state pursuant to NRS 159.1991 to 159.2029, inclusive.
(b) In an emergency if the protected person is physically present in this State, and such temporary guardianship will be terminated at the request of a court of the home state of the protected person before or after the emergency appointment.
3. Except as otherwise provided in this section, a court that has appointed a guardian consistent with NRS 159.1991 to 159.2029, inclusive, has exclusive and continuing jurisdiction over the proceedings until it is terminated by the court pursuant to NRS 159.1905 or 159.191.
(Added to NRS by 2009, 1641)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1999 - Declination of jurisdiction generally.

1. A court of this State having jurisdiction to appoint a guardian may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
2. If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either dismiss or stay the proceedings. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian be filed promptly in another state.
3. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including, without limitation:
(a) Any expressed preference of the protected person;
(b) Whether abuse, neglect, exploitation, isolation or abandonment of the protected person has occurred or is likely to occur and which state could best protect the protected person from the abuse, neglect, exploitation, isolation or abandonment;
(c) The length of time the protected person was physically present in or was a legal resident of this State or another state;
(d) The distance of the protected person from the court in each state;
(e) The financial circumstances of the estate of the protected person;
(f) The nature and location of the evidence;
(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) The familiarity of the court of each state with the facts and issues in the proceeding; and
(i) If an appointment were made, the court’s ability to monitor the conduct of the guardian.
(Added to NRS by 2009, 1641; A 2015, 824)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.202 - Declination of jurisdiction by reason of conduct.

1. If at any time a court of this State determines that it acquired jurisdiction to appoint a guardian because of unjustifiable conduct by the guardian or the petitioner, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the protected person or the protection of the property of the protected person or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian is filed in a court of another state having jurisdiction; or
(c) Continue to exercise jurisdiction after considering:
(1) The extent to which the protected person and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
(2) Whether it is a more appropriate forum than the court of any other state; and
(3) Whether the court of any other state would have jurisdiction under factual circumstance in substantial conformity with the jurisdictional standard.
2. If a court of this State determines that it acquired jurisdiction to appoint a guardian because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including, without limitation, attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
(Added to NRS by 2009, 1642)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.2021 - Proceedings in more than one state.

Except for a petition for the appointment of a guardian in an emergency, if a petition for the appointment of a guardian is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
1. If the court of this State has jurisdiction under NRS 159.1991 to 159.2029, inclusive, it may proceed with the case unless a court of another state acquires jurisdiction under provisions similar to NRS 159.1991 to 159.2029, inclusive, before the appointment.
2. If the court of this State does not have jurisdiction under NRS 159.1991 to 159.2029, inclusive, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court of the other state. If the court of the other state has jurisdiction, the court of this State shall dismiss the petition unless the court of the other state determines that the court of this State is a more appropriate forum.
(Added to NRS by 2009, 1642)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.2023 - Transfer of jurisdiction of guardianship to another state.

1. A guardian appointed in this State may petition the court to transfer the jurisdiction of the guardianship to another state. Notice of the petition must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian.
2. The court shall issue an order provisionally granting the petition to transfer a guardianship and shall direct the guardian or other interested party to petition for guardianship in the other state if the court finds that:
(a) The protected person is physically present in, or is reasonably expected to move permanently to, the other state;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) The plans for care and services for the protected person in the other state are reasonable and sufficient.
3. The court shall issue a final order confirming the transfer and terminating the guardianship upon a petition for termination pursuant to NRS 159.1905 or 159.191 and filing of a provisional order accepting the proceeding from the court to which the proceeding is to be transferred.
(Added to NRS by 2009, 1642)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.2024 - Transfer of jurisdiction of guardianship or conservatorship from another state to this State.

1. To transfer jurisdiction of a guardianship or conservatorship to this State, the guardian, conservator or other interested party must petition the court of this State for guardianship pursuant to NRS 159.1991 to 159.2029, inclusive, to accept guardianship in this State. The petition must include a certified copy of the other state’s provisional order of transfer and proof that the protected person is physically present in, or is reasonably expected to move permanently to, this State.
2. The court shall issue a provisional order granting a petition filed under subsection 1, unless:
(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the protected person; or
(b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159.0613.
3. The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State.
4. Not later than 90 days after the issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.
5. In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacity of the protected person and the appointment of the guardian or conservator.
(Added to NRS by 2009, 1643; A 2015, 2368, 2510; 2017, 886)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.2025 - Registration of guardianship orders issued in another state.

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.
(Added to NRS by 2009, 1643; A 2017, 93, 1624, 2273)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.2027 - Effect of registration of guardianship orders issued in another state.

1. Upon registration of a guardianship, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian is not a resident of this State, subject to any conditions imposed upon nonresident parties.
2. A court of this State may grant any relief available under NRS 159.1991 to 159.2029, inclusive, and other law of this State to enforce a registered order.
(Added to NRS by 2009, 1643)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.203 - Delivering property or paying obligations to foreign guardian.

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.
(Added to NRS by 1969, 434)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.305 - Petition alleging that person disposed of money of protected person or has evidence of interest of protected person in or to property.

1. If a guardian, interested person, protected person or proposed protected person petitions the court upon oath alleging:
(a) That a person has or is suspected to have concealed, converted to his or her own use, conveyed away or otherwise disposed of any money, good, chattel or effect of the protected person; or
(b) That the person has in his or her possession or knowledge any deed, conveyance, bond, contract or other writing which contains evidence of, or tends to disclose the right, title or interest of the protected person or proposed protected person in or to, any real or personal property, or any claim or demand,
the judge may cause the person to be cited to appear before the district court to answer, upon oath, upon the matter of the petition.
2. If the person cited does not reside in the county where letters of guardianship have been issued pursuant to NRS 159.075, the person may be cited and examined before the district court of the county where the person resides, or before the court that issued the citation. Each party to the petition may produce witnesses, and such witnesses may be examined by either party.
(Added to NRS by 2003, 1759)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 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.

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.
(Added to NRS by 2003, 1759; A 2017, 886)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.329 - Duties of courts.

Each court shall:
1. Make the Protected Persons’ Bill of Rights readily available to the public;
2. Maintain a copy of the Protected Persons’ Bill of Rights in the court for reproduction and distribution to the public; and
3. Ensure that the Protected Persons’ Bill of Rights is posted:
(a) In a conspicuous place, in at least 12-point type, in the court; and
(b) On the Internet website of the court.
(Added to NRS by 2017, 2533)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 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.

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.
(Added to NRS by 2017, 2548)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.335 - Petition for certain relief upon reasonable belief of abuse of discretion or violation of court order by guardian.

1. If any person, including, without limitation, a protected person, reasonably believes that a guardian has committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of NRS 159.332 or has violated a court order issued pursuant to NRS 159.333, the person may petition the court to:
(a) Require the guardian to grant the relative or person of natural affection access to the protected person;
(b) Restrict or further restrict the access of the relative or person of natural affection to the protected person;
(c) Modify the duties of the guardian; or
(d) Remove the guardian pursuant to NRS 159.185.
2. A guardian who violates any provision of NRS 159.331 to 159.338, inclusive, is subject to removal pursuant to NRS 159.185.
(Added to NRS by 2017, 2549)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.336 - Hearing on petition for restricted communication, visitation or interaction between protected person and relative or person of natural affection or petition for relief; emergency hearing required in certain circumstances.

1. Except as otherwise provided in subsection 2, a court shall schedule a hearing on a petition filed pursuant to NRS 159.333 or 159.335 not later than 63 days after the date the petition is filed.
2. If a petition filed pursuant to NRS 159.333 or 159.335 states that the health of the protected person is in significant decline or that the death of the protected person might be imminent, the court shall issue an order for an emergency hearing and conduct the emergency hearing as soon as practicable but not later than 7 days after the date the petition is filed.
3. If a court issues an order for an emergency hearing pursuant to subsection 2, the court may order supervised communication, visitation or interaction between the protected person and the relative or person of natural affection before the hearing.
4. Notice of the hearing, a copy of the petition and a copy of any order issued pursuant to subsection 2, if applicable, must be personally served upon the protected person and any person against whom the petition is filed. Nothing in this section affects the right of the protected person to appear and be heard in the proceedings.
(Added to NRS by 2017, 2549)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.337 - Burden of proof.

In a proceeding held pursuant to NRS 159.331 to 159.338, inclusive:
1. The guardian has the burden of proof if he or she:
(a) Petitions the court to restrict the ability of a relative or person of natural affection to communicate, visit or interact with a protected person pursuant to subsection 1 of NRS 159.333;
(b) Petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333; or
(c) Opposes a petition filed pursuant to NRS 159.335.
2. A relative or person of natural affection has the burden of proof if he or she petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333.
(Added to NRS by 2017, 2549)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.338 - Attorney’s fees and sanctions.

1. In a proceeding held pursuant to NRS 159.331 to 159.338, inclusive, if the court finds that:
(a) A petition was filed frivolously or in bad faith, the court shall award attorney’s fees to the party opposing the petition.
(b) A guardian is in contempt of court or has acted frivolously or in bad faith in prohibiting or restricting communication, visitation or interaction between the relative or person of natural affection and the protected person, the court may:
(1) Award attorney’s fees to the prevailing party; and
(2) Impose sanctions against the guardian.
2. Any attorney’s fees awarded pursuant to this section must not be paid by the protected person or the estate of the protected person.
(Added to NRS by 2017, 2550)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.339 - Assumption of jurisdiction by court of trust of which protected person is beneficiary.

1. If the inventory filed pursuant to NRS 159.085 includes the existence of a trust of which the protected person is currently a beneficiary who is receiving or is entitled to receive distributions, the trustee must be served with a copy of the inventory for the purpose of alerting the trustee that the court may assume jurisdiction of the trust pursuant to this section or that supervision of the trust may be transferred to the court pursuant to NRS 164.130.
2. The guardian of the protected person or attorney of the protected person may demand a copy of the trust and an accounting of the assets of the trust from the trustee. Such a demand must be served on the trustee and all parties and include notice that failure to comply with the demand may result in the court assuming jurisdiction of the trust.
3. If the trustee fails to comply with the demand made pursuant to subsection 2 within 30 days after being served with the demand, the guardian of the protected person or attorney of the protected person may petition the court to assume jurisdiction of the trust. Such a petition must be served on the trustee and all parties.
4. Not later than 30 days after being served with a petition pursuant to subsection 3, the trustee may object to the court assuming jurisdiction of the trust. If no objection is filed or if the court does not find good cause as to why it should not assume jurisdiction of the trust, the court may assume jurisdiction of the trust.
5. Not later than 30 days after the court assumes jurisdiction of the trust pursuant to this section or supervision of the trust is transferred to the court pursuant to NRS 164.130, the trustee shall file a copy of the trust and an accounting of the assets of the trust with the court.
6. The provisions of chapters 162 to 167, inclusive, of NRS apply to a trust of which a court has jurisdiction.
(Added to NRS by 2017, 1234)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.3395 - Protected person or attorney entitled to copies of accountings for trust created by or for benefit of protected person; submission of trust to jurisdiction of court.

A protected person or his or her attorney is entitled to receive copies of any accountings relating to any trusts created by or for the benefit of the protected person. A protected person may submit any trust to the jurisdiction of a court if:
1. The protected person, his or her spouse, or both the protected person and his or her spouse are grantors and sole beneficiaries of the income of the trust; or
2. The trust was created at the discretion of or with the consent of a court.
(Added to NRS by 2017, 2552)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.341 - State Guardianship Compliance Office: Creation; State Guardianship Compliance Officer.

1. The State Guardianship Compliance Office is hereby created.
2. The State Guardianship Compliance Officer is:
(a) Appointed by the Supreme Court and serves at the pleasure of the Court; and
(b) Entitled to receive an annual salary set by the Supreme Court within the limits of legislative appropriations.
3. The State Guardianship Compliance Officer may hire two accountants and two investigators to provide auditing and investigative services to the district courts during the administration of guardianship proceedings pursuant to chapters 159 and 159A of NRS.
4. The State Guardianship Compliance Officer shall not act as a guardian for any protected person or protected minor.
(Added to NRS by 2017, 3901)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.342 - Determination as to whether guardian has already been appointed upon application by person to be designated as guardian.

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.
(Added to NRS by 2017, 4359)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 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.

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.
(Added to NRS by 2017, 1148)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.345 - Imposition of penalties upon certain misconduct by guardian.

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.
(Added to NRS by 2017, 2552)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.346 - Appropriate actions authorized upon violation by guardian of any right of protected person.

1. If a guardian violates any right of a protected person that is set forth in this chapter, a court may take any appropriate action, including, without limitation:
(a) Issuing an order that certain actions be taken or discontinued;
(b) Disallowing any fees payable to the guardian;
(c) After notice and a hearing, issuing an order compensating a protected person or the estate of a protected person for any injury, death or loss of money or property caused by the actions of the guardian or the failure of the guardian to take appropriate action;
(d) Removing the guardian pursuant to NRS 159.185; or
(e) Taking any other action that is proper under the circumstances.
2. If any action by a guardian is deemed to be deliberately harmful or fraudulent or to have been committed with malice, the court may also impose:
(a) Twice the actual damages incurred by the protected person; and
(b) Attorney’s fees and costs.
(Added to NRS by 2017, 2552)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.375 - Appeals to appellate court of competent jurisdiction.

In addition to any order from which an appeal is expressly authorized pursuant to this chapter, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after its notice of entry from an order:
1. Granting or revoking letters of guardianship.
2. Directing or authorizing the sale or conveyance, or confirming the sale, of property of the estate of a protected person.
3. Settling an account.
4. Ordering or authorizing a guardian to act pursuant to NRS 159.113.
5. Ordering or authorizing the payment of a debt, claim, devise, guardian’s fees or attorney’s fees.
6. Determining ownership interests in property.
7. Granting or denying a petition to enforce the liability of a surety.
8. Granting or denying a petition for modification or termination of a guardianship.
9. Granting or denying a petition for removal of a guardian or appointment of a successor guardian.
(Added to NRS by 2003, 1769; A 2013, 1749)—(Substituted in revision for NRS 159.325)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.0145 - Citation" defined.

"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.
(Added to NRS by 2017, 815)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.017 - Guardian" defined.

"Guardian" means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in this State.
(Added to NRS by 2017, 815)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.018 - Home state" defined.

"Home state" means:
1. The state in which the proposed protected minor lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a guardian.
2. In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state, with a parent or a person acting as a parent.
(Added to NRS by 2017, 816; A 2021, 201)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.023 - Minor" defined.

"Minor" means any person who is:
1. Less than 18 years of age; or
2. Less than 19 years of age if the guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191.
(Added to NRS by 2017, 816, 868)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.0235 - Person of natural affection" defined.

"Person of natural affection" means a person who is not a family member of a protected minor but who shares a relationship with the protected person that is similar to the relationship between family members.
(Added to NRS by 2017, 2532, 2546)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.024 - Private professional guardian" defined.

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.
(Added to NRS by 2017, 816, 2423)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.028 - Terms: "Writing" or "written."

As used in this chapter, unless the context otherwise requires, when the term "writing" or "written" is used in reference to a will or instrument, the term includes an electronic will as defined in NRS 132.119 and an electronic trust as defined in NRS 163.0015.
(Added to NRS by 2017, 816)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.0345 - Court authorized to alter requirements concerning publication of notice or citation.

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.
(Added to NRS by 2017, 817)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.0355 - Facsimile of certain papers may be filed with court.

If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time or at such time prescribed by the court.
(Added to NRS by 2017, 817)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.036 - Giving of notices and issuance of citations by clerk of court.

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.
(Added to NRS by 2017, 817)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.037 - Venue for appointment of guardian.

1. The venue for the appointment of a guardian when the proposed protected minor’s home state is this State must be the county where the proposed protected minor resides.
2. If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.
3. Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.
(Added to NRS by 2017, 818)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.039 - Proceedings commenced in more than one county.

1. If proceedings for the appointment of a guardian for the same proposed protected minor are commenced in more than one county in this State, and the proposed protected minor’s home state is this State, the proceedings must be stayed, except in the county where first commenced, until final determination of venue in that county. If the proper venue is finally determined to be in another county, the court shall cause a transcript of the proceedings and all original papers filed therein, all certified by the clerk of the court, to be sent to the clerk of the court of the proper county.
2. A proceeding is considered commenced by the filing of a petition.
3. The proceedings first legally commenced for the appointment of a guardian of the estate or of the person and estate extend to all the property of the proposed protected minor which is in this State.
(Added to NRS by 2017, 818)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.041 - Transfer of proceedings to another county.

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.
(Added to NRS by 2017, 818)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.043 - Titles of petitions; captions of petitions and other documents.

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."
(Added to NRS by 2017, 818, 2553)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.0445 - Filing of proposed preliminary care plan and budget.

Upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget. The format of such a proposed preliminary care plan and budget and the timing of the filing thereof must be specified by a rule approved by the Supreme Court.
(Added to NRS by 2017, 3898)
2023 Nevada Revised Statutes › Chapter 159A - Guardianship of Minors › NRS 159A.045 - Appointment of attorney to represent protected minor or proposed protected minor; duties; compensation.

1. On or after the date of the filing of a petition to appoint a guardian:
(a) The court may appoint an attorney to represent the protected minor or proposed protected minor; and
(b) The attorney must represent the protected minor or proposed protected minor until relieved of that duty by court order.
2. The attorney is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. 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 minor or proposed protected minor all or part of the expenses associated with the appointment of the attorney.
3. An attorney who is appointed pursuant to subsection 1 may not serve as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor.
(Added to NRS by 2017, 820)