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2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1535 - Notice of sale of personal property of protected person: When required; manner of providing content.

1. Except as otherwise provided in this section and NRS 159.1515 and 159.152, a guardian may sell the personal property of the protected person only after notice of the sale is:
(a) Given to the:
(1) Protected person; and
(2) Spouse of the protected person and all other known relatives of the protected person who are within the second degree of consanguinity; and
(b) Published in:
(1) A newspaper that is published in the county in which the property, or some portion of the property, is located; or
(2) If a newspaper is not published in the county in which the property, or some portion of the property, is located:
(I) In a newspaper of general circulation in the county; or
(II) In such other newspaper as the court orders.
2. Except as otherwise provided in this section, the notice of a sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.
3. For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.
4. The notice must include, without limitation:
(a) For a sale other than a sale described in paragraph (b):
(1) A description of the personal property to be sold; and
(2) The date, time and location that offers will be received.
(b) For a sale on an appropriate auction website on the Internet:
(1) A description of the personal property to be sold;
(2) The date the personal property will be listed; and
(3) The Internet address of the website on which the sale will be posted.
5. Notice of a sale is not required to be published pursuant to this section if the gross value of the estate of the protected person is less than $10,000.
(Added to NRS by 2003, 1764; A 2009, 1663; 2017, 3917)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.154 - Place and manner of sale of personal property of protected person; report by guardian; first right of refusal of family members; priority of claims.

1. The guardian may sell the personal property of a protected person at:
(a) The residence of the protected person; or
(b) Any other location designated by the guardian.
2. The guardian may sell the personal property only if the property is made available for inspection at the time of the sale or photographs of the personal property are posted on an appropriate auction website on the Internet.
3. Personal property may be sold for cash or upon credit.
4. Except as otherwise provided in NRS 159.1515, a sale or disposition of any personal property of the protected person must not be commenced until 30 days after an inventory of the property is filed with the court and a copy thereof is sent by regular mail to the persons specified in NRS 159.034. An affidavit of mailing must be filed with the court.
5. The guardian is responsible for the actual value of the personal property unless the guardian makes a report to the court, not later than 90 days after the conclusion of the sale, showing that good cause existed for the sale and that the property was sold for a price that was not disproportionate to the value of the property.
6. Except as otherwise provided in subsection 7, the family members of the protected person and any interested persons must be offered the first right of refusal to acquire the personal property of the protected person at fair market value. Claims to acquire the personal property must be considered in the following order of priority:
(a) The spouse or domestic partner of the protected person;
(b) A child of the protected person;
(c) The parents of the protected person;
(d) A sibling of the protected person;
(e) The nearest living relative of the protected person by blood or adoption; and
(f) Any other interested party.
7. If multiple claims are received from the same priority group pursuant to subsection 6 and an agreement cannot be reached after good faith efforts have been made, the guardian may sell the property.
(Added to NRS by 2003, 1765; A 2009, 1663; 2017, 3918; 2019, 1242)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.156 - Sale of interest in partnership, interest in personal property pledged to protected person and choses in action of estate of protected person.

The following interests of the estate of the protected person may be sold in the same manner as other personal property:
1. An interest in a partnership;
2. An interest in personal property that has been pledged to the protected person; and
3. Choses in action.
(Added to NRS by 2003, 1765)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.157 - Lease of property of protected person.

A guardian of the estate may lease any real property of the protected person or any interest in real property:
1. Without securing prior court approval, where the tenancy is from month to month or for a term not to exceed 1 year and the reasonable fixed rental for the property or the proportionate interest of the protected person in such rental does not exceed $250 per month.
2. With prior approval of the court by order, for such period of time as may be authorized by the court, not exceeding any time limitation prescribed by law, and upon such terms and conditions as the court may approve.
(Added to NRS by 1969, 428; A 2017, 884)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.159 - Contract with broker to secure lessee.

The court may authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a lessee of the property of the protected person, which contract may provide for the payment of a commission, not exceeding 5 percent of the fixed rental for the first 2 years, to be paid out of the proceeds of any such lease.
(Added to NRS by 1969, 428)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.161 - Petition for approval of lease: Content; conditions for approval.

1. Petitions to secure court approval of any lease:
(a) Must include the parcel number assigned to the property to be leased and the physical address of the property, if any; and
(b) Must set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.
2. Upon the hearing of a petition pursuant to subsection 1, if the court is satisfied that the lease is for the best interests of the protected person and the estate of the protected person, the court shall enter an order authorizing the guardian to enter into the lease.
(Added to NRS by 1969, 428; A 2003, 1794)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.163 - Agreement for rental or bailment of personal property.

A guardian of the estate, with prior approval of the court by order, may enter into agreements providing for the rental or bailment of the personal property of the protected person. All proceedings to obtain such a court order shall be the same as required for the lease of real property.
(Added to NRS by 1969, 428)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.165 - Lease of mining claim or mineral rights; option to purchase.

1. If the property to be leased consists of mining claims, an interest in the mining claims, property worked as a mine or lands containing oil, gas, steam, gravel or any minerals, the court may authorize the guardian to enter into a lease which provides for payment by the lessee of a royalty, in money or in kind, in lieu of a fixed rental. The court may also authorize the guardian to enter into a lease which provides for a pooling agreement or authorizes the lessee to enter into pooling or other cooperative agreements with lessees, operators or owners of other lands and minerals for the purpose of bringing about the cooperative development and operation of any mine, oil field or other unit of which the property of the protected person is a part.
2. If the proposed lease contains an option to purchase, and the property to be sold under the option consists of mining claims, property worked as a mine, or interests in oil, gas, steam, gravel or any mineral, which has a speculative or undefined market value, the court may authorize the guardian to enter into such a lease and sales agreement or give an option to purchase without requiring the property to be sold at public auction or by private sale in the manner required by this chapter for sales of other real property.
3. If the petition filed pursuant to this section requests authority to enter into a lease with an option to purchase, in addition to the notice required by NRS 159.034, the guardian shall publish a copy of the notice at least twice, the first publication to be at least 10 days prior to the date set for the hearing and the second publication to be not earlier than 7 days after the date of the first publication. The notice must be published in:
(a) A newspaper that is published in the county where the property is located; or
(b) If no newspaper is published in the county where the property is located, a newspaper of general circulation in that county which is designated by the court.
(Added to NRS by 1969, 429; A 2003, 1794)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1653 - Petition to enter into agreement; setting date of hearing; notice.

1. To enter into an agreement to sell or to give an option to purchase a mining claim or real property worked as a mine which belongs to the estate of the protected person, the guardian or an interested person shall file a petition with the court that:
(a) Describes the property or claim;
(b) States the terms and general conditions of the agreement;
(c) Shows any advantage that may accrue to the estate of the protected person from entering into the agreement; and
(d) Requests confirmation by the court of the agreement.
2. The court shall set the date of the hearing on the petition.
3. The petitioner shall give notice in the manner provided in NRS 159.034.
(Added to NRS by 2003, 1765)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1657 - Hearing on petition; court order; recording of court order.

1. At the time appointed and if the court finds that due notice of the hearing concerning an agreement has been given, the court shall hear a petition filed pursuant to NRS 159.1653 and any objection to the petition that is filed or presented.
2. After the hearing, if the court is satisfied that the agreement will be to the advantage of the estate of the protected person, the court:
(a) Shall order the guardian to enter into the agreement; and
(b) May prescribe in the order the terms and conditions of the agreement.
3. A certified copy of the court order must be recorded in the office of the county recorder of each county in which the property affected by the agreement, or any portion of the property, is located.
(Added to NRS by 2003, 1765)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.166 - Bond and actions required upon court order to enter into agreement.

1. If the court orders the guardian to enter into the agreement pursuant to NRS 159.1657, the court shall order the guardian to provide an additional bond and specify the amount of the bond in the court order.
2. The guardian is not entitled to receive any of the proceeds from the agreement until the guardian provides the bond and the court approves the bond.
3. When the court order is entered, the guardian shall execute, acknowledge and deliver an agreement which:
(a) Contains the conditions specified in the court order;
(b) States that the agreement or option is approved by court order; and
(c) Provides the date of the court order.
(Added to NRS by 2003, 1765)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1663 - Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement.

1. If the purchaser or option holder neglects or refuses to comply with the terms of the agreement approved by the court pursuant to NRS 159.1657, the guardian may petition the court to cancel the agreement. The court shall cancel the agreement after notice is given to the purchaser or option holder.
2. The cancellation of an agreement pursuant to this section does not affect any liability created by the agreement.
(Added to NRS by 2003, 1766)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1667 - Petition for confirmation of proceedings concerning agreement: When required; notice; hearing.

1. If the purchaser or option holder complies with the terms of an agreement approved by the court pursuant to NRS 159.1657 and has made all payments according to the terms of the agreement, the guardian shall:
(a) Make a return to the court of the proceedings; and
(b) Petition the court for confirmation of the proceedings.
2. Notice must be given to the purchaser or option holder regarding the petition for confirmation.
3. The court:
(a) Shall hold a hearing regarding the petition for confirmation; and
(b) May order or deny confirmation of the proceedings and execution of the conveyances in the same manner and with the same effect as when the court orders or denies a confirmation of a sale of real property.
(Added to NRS by 2003, 1766)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.167 - Special sale of property of protected person or surrender of interest therein.

1. A guardian of the estate, with prior approval of the court, may accept an offer for the purchase of the interest or estate of the protected person, in real or personal property or both real and personal property, where it appears from the petition and the court determines that:
(a) The interest or estate of the protected person in such property is an interest in a partnership, joint venture or closely held corporation, in which the offeror or offerors own the remaining interests in the partnership, joint venture or closely held corporation, or are offering to purchase such remaining interests.
(b) The interest or estate of the protected person in such property is an undivided interest in property in which the offeror or offerors own the remaining interests in such property or are offering to purchase such remaining interests.
(c) The interest or estate of the protected person to be sold or granted is an easement in or creates a servitude upon the property of the protected person.
2. A guardian of the estate, with prior approval of the court, may accept an offer to surrender the interest or estate of the protected person in real or personal property or both real and personal property, where it appears from the petition and the court determines that:
(a) The interest or estate of the protected person is contingent or dubious.
(b) The interest or estate of the protected person in such property is a servitude upon the property of another.
(Added to NRS by 1969, 429)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.169 - Advice, instructions and approval of acts of guardian.

1. A guardian of the estate may petition the court for advice and instructions in any matter concerning:
(a) The administration of the estate of the protected person;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursement of funds;
(d) Elections for or on behalf of the protected person to take under the will of a deceased spouse;
(e) Exercising for or on behalf of the protected person:
(1) Any options or other rights under any policy of insurance or annuity; and
(2) The right to take under a will, trust or other devise;
(f) The propriety of exercising any right exercisable by owners of property; and
(g) Matters of a similar nature.
2. Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 is binding upon the protected person or those claiming through the protected person, and the guardian is not personally liable for performing any such act.
3. If any interested person may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to that interested person, to be served upon the person at least 20 days before the hearing on the petition. The citation must be served in the same manner that summons is served in a civil action and must direct the interested person to appear and show cause why the proposed act of the guardian should not be authorized or approved. All interested persons so served are bound by the order of the court which is final and conclusive, subject to any right of appeal.
(Added to NRS by 1969, 430; A 1979, 591; 2003, 1795)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.171 - Executing and recording legal documents.

1. A guardian of the estate shall record a certified copy of any court order authorizing the sale, mortgage, lease, surrender or conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.
2. To carry out effectively any transaction affecting the property of the protected person as authorized by this chapter, the court may authorize the guardian to execute any promissory note, mortgage, deed of trust, deed, lease, security agreement or other legal document or instrument which is reasonably necessary to carry out such transaction.
(Added to NRS by 1969, 430)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.173 - Transfer of property of protected person not ademption.

If a guardian of the estate sells or transfers any real or personal property that is specifically devised or bequeathed by the protected person or which is held by the protected person as a joint tenancy, designated as being held by the protected person in trust for another person or held by the protected person as a revocable trust and the protected person had the capacity to make a will or create the interest at the time the will or interest was created, but did not have the capacity to make a will or create the interest at the time of the sale or transfer and never executed a valid later will or changed the manner in which the protected person held the interest, the devisee, beneficiary or legatee may elect to take the proceeds of the sale or other transfer of the interest, specific devise or bequest.
(Added to NRS by 1969, 430; A 2003, 1796; 2017, 3919)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.175 - Exchange or partition of property of protected person.

1. A guardian of the estate, with prior approval of the court by order, where it appears from the petition and the court determines that the best interests of the protected person are served by such action, may:
(a) Accept an offer to exchange all or any interest of the protected person in real or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or
(b) Effect a voluntary partition of real or personal property or both real and personal property in which the protected person owns an undivided interest.
2. Upon hearing the petition, the court shall inquire into the value of the property to be exchanged or partitioned, the rental or income therefrom, and the use for which the property is best suited.
(Added to NRS by 1969, 430)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.177 - Time for filing account; service of account.

1. A guardian of the estate or special guardian who is authorized to manage the property of the protected person shall make and file a verified account in the guardianship proceeding:
(a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian, unless the court orders such an account to be made and filed at a different interval upon a showing of good cause and with the appropriate protection of the interests of the protected person.
(b) Upon filing a petition to resign and before the resignation is accepted by the court.
(c) Within 30 days after the date of his or her removal, unless the court authorizes a longer period.
(d) Within 90 days after the date of termination of the guardianship or the death of the protected person, unless the court authorizes a longer period.
(e) At any other time as required by law or as the court may order.
2. An account filed pursuant to this section must be served on the attorney of the protected person and, if the protected person is living, on the protected person.
(Added to NRS by 1969, 431; A 1981, 1937; 2003, 1796; 2017, 2559)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.179 - Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost.

1. An account made and filed by a guardian of the estate or special guardian who is authorized to manage the property of a protected person must include, without limitation, the following information:
(a) The period covered by the account.
(b) The assets of the protected person at the beginning and end of the period covered by the account, including the beginning and ending balances of any accounts.
(c) All cash receipts and disbursements during the period covered by the account, including, without limitation, any disbursements for the support of the protected person or other expenses incurred by the estate during the period covered by the account.
(d) All claims filed and the action taken regarding the account.
(e) Any changes in the property of the protected person due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the property holdings of the protected person as reported in the original inventory or the preceding account, including, without limitation, any income received during the period covered by the account.
(f) Any other information the guardian considers necessary to show the condition of the affairs of the protected person.
(g) Any other information required by the court.
2. All expenditures included in the account must be itemized.
3. If the account is for the estates of two or more protected persons, it must show the interest of each protected person in the receipts, disbursements and property. As used in this subsection, "protected person" includes a protected minor.
4. Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. A guardian shall produce such receipts or vouchers upon the request of the court, the protected person to whom the receipt or voucher pertains, the attorney of such a protected person or any interested person. The guardian shall file such receipts or vouchers with the court only if the court orders the filing.
5. On the court’s own motion or on ex parte application by an interested person which demonstrates good cause, the court may:
(a) Order production of the receipts or vouchers that support the account; and
(b) Examine or audit the receipts or vouchers that support the account.
6. If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that:
(a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and
(b) Expenses were paid in good faith and were valid charges against the estate.
(Added to NRS by 1969, 431; A 1981, 1937; 1999, 2365; 2003, 1796; 2017, 884, 2559; 2019, 1243)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.181 - Hearing of account.

1. Any interested person may appear at the hearing and object to the account or file written objections to the account prior to the hearing.
2. If there are no objections to the account or if the court overrules any objections, the court may enter an order allowing and confirming the account.
3. Except as otherwise provided in this subsection, the order settling and allowing the account is a final order and is conclusive against all persons interested in the guardianship proceeding, including, without limitation, heirs and assigns. The order is not final against a protected person who requests an examination of any account after the legal disability of the protected person is removed.
4. If the court finds that an interested person who objected to the account did not object in good faith or in furtherance of the best interests of the protected person, the court may order the interested person to pay to the estate of the protected person all or part of the expenses associated with the objection.
(Added to NRS by 1969, 431; A 2003, 1797)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.183 - Compensation and expenses of guardian.

1. Subject to the discretion and approval of the court and except as otherwise provided in subsection 5, a guardian must be allowed:
(a) Reasonable compensation for the guardian’s services;
(b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and
(c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.
2. Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:
(a) The nature of the guardianship;
(b) The type, duration and complexity of the services required; and
(c) Any other relevant factors.
3. In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the protected person. In evaluating the ability of a protected person to pay such compensation and expenses, the court may consider:
(a) The nature, extent and liquidity of the assets of the protected person;
(b) The disposable net income of the protected person;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.
4. Any compensation or expenses, including, without limitation, attorney’s fees, must not be paid from the estate of the protected person unless and until the payment of such fees is approved by the court pursuant to this section or NRS 159.344, as applicable.
5. A guardian is not allowed compensation or expenses, including, without limitation, attorney’s fees, for services incurred by the guardian as a result of a petition to have him or her removed as guardian if the court removes the guardian.
(Added to NRS by 1969, 431; A 2003, 1797; 2005, 818; 2011, 999; 2017, 2560, 3919)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.184 - Accounting by certain care providers.

If a protected person resides with a care provider that is an institution or facility, the care provider shall furnish to the guardian an itemized accounting of all financial activity pertaining to the protected person:
1. On a quarterly basis; and
2. At any other time, upon the request of the guardian.
(Added to NRS by 2009, 1640)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1845 - Appointment of temporary substitute guardian; removal.

1. The court may appoint a temporary substitute guardian for a protected person for a period not exceeding 6 months if:
(a) A proceeding to remove a guardian for the protected person is pending; or
(b) The court finds a guardian is not effectively performing the guardian’s duties and the welfare of the protected person requires immediate action.
2. Except as otherwise ordered by the court, a temporary substitute guardian appointed under this section has the powers stated in the order of appointment of the guardian. The authority of the existing guardian is suspended for as long as the temporary substitute guardian has authority.
3. The court shall give notice of appointment of a temporary substitute guardian, not later than 5 days after the appointment, to:
(a) The protected person; and
(b) The affected guardian.
4. The court may remove a temporary substitute guardian at any time. The temporary substitute guardian shall make any report the court requires.
(Added to NRS by 2019, 1235)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.185 - Conditions for removal.

1. The court may remove a guardian if the court determines that:
(a) The guardian has become mentally incapacitated, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;
(b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613;
(c) The guardian has filed for bankruptcy within the previous 5 years;
(d) The guardian of the estate has mismanaged the estate of the protected person;
(e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:
(1) The negligence resulted in injury to the protected person or the estate of the protected person; or
(2) There was a substantial likelihood that the negligence would result in injury to the protected person or the estate of the protected person;
(f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;
(g) The guardian has violated any right of the protected person that is set forth in this chapter;
(h) The guardian has violated a court order or committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of NRS 159.332;
(i) The guardian has violated any provision of NRS 159.331 to 159.338, inclusive, or a court order issued pursuant to NRS 159.333;
(j) The best interests of the protected person will be served by the appointment of another person as guardian; or
(k) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595 or 159A.0595.
2. A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.
(Added to NRS by 1969, 432; A 2003, 1798; 2005, 819; 2011, 999; 2015, 2367, 2509; 2017, 884, 2561, 3920)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1852 - Duty of guardian to notify court if no longer qualified to serve as guardian; appointment of successor guardian.

A guardian who, after appointment:
1. Is convicted of a gross misdemeanor or felony in any state;
2. Files for or receives protection as an individual or as a principal of any entity under the federal bankruptcy laws;
3. Has a driver’s license suspended, revoked or cancelled for nonpayment of child support;
4. Is suspended for misconduct or disbarred from:
(a) The practice of law;
(b) The practice of accounting; or
(c) Any other profession which:
(1) Involves or may involve the management or sale of money, investments, securities or real property; or
(2) Requires licensure in this State or any other state; or
5. Has a judgment entered against him or her for misappropriation of funds or assets from any person or entity in any state,
shall immediately inform the court of the circumstances of those events. The court may remove the guardian and appoint a successor guardian, unless the court finds that it is in the best interest of the protected person to allow the guardian to continue in his or her appointment.
(Added to NRS by 2013, 904)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1853 - Petition for removal.

1. The following persons may petition the court to have a guardian removed:
(a) The protected person;
(b) The spouse of the protected person;
(c) Any relative who is within the second degree of consanguinity to the protected person;
(d) A public guardian; or
(e) Any other interested person.
2. The petition must:
(a) State with particularity the reasons for removing the guardian; and
(b) Show cause for the removal.
3. If the court denies the petition for removal, the petitioner shall not file a subsequent petition unless a material change of circumstances warrants a subsequent petition.
4. If the court finds that the petitioner did not file a petition for removal in good faith or in furtherance of the best interests of the protected person, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected person; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses incurred by the estate of the protected person in responding to the petition and for any other pecuniary losses which are associated with the petition.
(Added to NRS by 2003, 1766)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1855 - Issuance and service of citation concerning filing of petition for removal; actions of court if protected person or estate may suffer loss or injury during time required for service.

1. If a petition to have a guardian removed is filed with the court, the court shall issue and serve a citation on the guardian and on all other interested persons.
2. The citation must require the guardian to appear and show cause why the court should not remove the guardian.
3. If it appears that the protected person or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the court’s own motion or on petition, the court may:
(a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction;
(b) Compel the guardian to surrender the protected person to a temporary guardian for not more than 30 days; and
(c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.
(Added to NRS by 2003, 1766)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1857 - Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear.

If a petition to remove a guardian is deemed sufficient and the guardian fails to appear before the court, the court may:
1. Hold the guardian in contempt of court.
2. Require the guardian to appear at a date and time set by the court.
3. Issue a bench warrant for the arrest and appearance of the guardian.
4. Find that the guardian caused harm to the protected person or the estate of the protected person and issue an order accordingly.
(Added to NRS by 2003, 1767)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.187 - Appointment of successor guardian upon death or removal of existing guardian.

1. When a guardian dies or is removed by order of the court, the court, upon the court’s own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.
2. If a guardian of the person is appointed for a protected person pursuant to this section, the protected person must be served with the petition. If the protected person does not object to the appointment, the protected person is not required to attend the hearing.
(Added to NRS by 1969, 432; A 2003, 1798)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1871 - Appointment of successor guardian immediately or upon designated event.

1. The court at any time may appoint a successor guardian to serve immediately or when a designated event occurs.
2. A person entitled under NRS 159.044 to petition the court to appoint a guardian may petition the court to appoint a successor guardian.
3. A successor guardian appointed to serve when a designated event occurs may act as guardian when:
(a) The event occurs; and
(b) The successor has taken the official oath and filed a bond as provided in this chapter, and letters of guardianship have been issued.
4. A successor guardian has the predecessor’s powers unless otherwise provided by the court.
5. The revocation of letters of guardianship by the court or any other court action to suspend the authority of a guardian may be considered to be a designated event for the purposes of this section if the revocation or suspension of authority is based on the guardian’s noncompliance with his or her duties and responsibilities as provided by law.
(Added to NRS by 2019, 1235)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1873 - Petition tendering resignation.

1. A guardian of the person, of the estate, or of the person and the estate, may file with the court a petition tendering the resignation of the guardian.
2. If the guardian files a petition to resign, the court shall serve notice upon any person entitled to notice pursuant to NRS 159.047.
(Added to NRS by 2003, 1767)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1875 - Approval of resignation of guardian of person.

1. Before the court approves the resignation of a guardian of the person and discharges the guardian, the court shall appoint a successor guardian.
2. If a protected person has more than one guardian, the court may approve the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone.
(Added to NRS by 2003, 1767)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1877 - Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order.

1. Before the court approves the resignation of a guardian of the estate and discharges the guardian, the court shall require the guardian to submit, on the date set for the hearing, an accounting of the estate through the end of the term.
2. If the guardian fails to file such an accounting, the court may impose sanctions upon the guardian.
3. If an estate has more than one guardian, the court may accept the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone. The court may waive the requirement of filing the accounting if the remaining guardian or guardians are:
(a) Required to file the annual accounting, if applicable; and
(b) Responsible for any discrepancies in the accounting.
4. Upon approval of the accounting, if any is required, and appointment of a successor guardian, the court may approve the resignation of a guardian and order the discharge of his or her duties.
(Added to NRS by 2003, 1767)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1905 - Petition for termination or modification; appointment of attorney to represent protected person; burden of proof; issuance of citation; penalties for not filing petition in good faith.

1. A protected person, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:
(a) The name and address of the petitioner.
(b) The relationship of the petitioner to the protected person.
(c) The name, age and address of the protected person, if the protected person is not the petitioner, or the date of death of the protected person if the protected person is deceased.
(d) The name and address of the guardian, if the guardian is not the petitioner.
(e) The reason for termination or modification.
(f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.
(g) A general description and the value of the remaining property of the protected person and the proposed disposition of that property.
2. Upon the filing of the petition, the court shall appoint an attorney to represent the protected person if:
(a) The protected person is unable to retain an attorney; or
(b) The court determines that the appointment is necessary to protect the interests of the protected person.
3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.
4. The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.
5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected person, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected person; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected person and associated with the petition.
(Added to NRS by 1981, 1933; A 1999, 1401; 2003, 1798; 2017, 2562)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.191 - Termination of guardianship of person, estate or person and estate; procedure upon death of protected person.

1. Except as otherwise provided in subsection 2, a guardianship of the person is terminated:
(a) By the death of the protected person;
(b) Upon the change of domicile of the protected person to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or
(c) Upon order of the court, if the court determines that the guardianship no longer is necessary.
2. If a court appoints or extends the appointment of a guardian of the person pursuant to NRS 159.343, the guardianship is terminated on the date on which the protected person reaches 21 years of age, unless the protected person petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159.1905 and the court grants the petition.
3. A guardianship of the estate is terminated:
(a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian;
(b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or
(c) By the death of the protected person, subject to the provisions of NRS 159.193.
4. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.
5. The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected person of the death of the protected person within 30 days after the death.
6. Immediately upon the death of the protected person:
(a) The guardian of the estate shall have no authority to act for the protected person except to wind up the affairs of the guardianship pursuant to NRS 159.193, and to distribute the property of the protected person as provided in NRS 159.195 and 159.197; and
(b) No person has standing to file a petition pursuant to NRS 159.078.
(Added to NRS by 1969, 432; A 1999, 1401; 2003, 1799; 2013, 922; 2017, 885, 1149)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.192 - Termination of temporary guardianship.

1. If a temporary guardianship is terminated and a petition for a general or special guardianship has not been filed:
(a) The temporary guardian shall immediately turn over all of the property of the protected person to the protected person; or
(b) If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate, the temporary guardian shall seek approval from the court to maintain possession of all or a portion of the property of the protected person.
2. If a temporary guardianship is terminated and a petition for general or special guardianship has been filed, the temporary guardian of the estate may:
(a) Continue possessing the property of the protected person; and
(b) Perform the duties of guardian for not more than 90 days after the temporary guardianship is terminated or until the court appoints another temporary, general or special guardian.
3. If the death of a protected person causes the termination of a temporary guardianship before the hearing on a general or special guardianship:
(a) The temporary guardian of the estate may:
(1) Continue possessing the property of the protected person; and
(2) Except as otherwise provided in this paragraph, perform the duties of guardian for not more than 90 days after the date of the termination of the temporary guardianship or until the court appoints a personal representative of the estate, if any. If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate and it will take longer than 90 days after the date of the termination of the temporary guardianship to receive such certification, the temporary guardian must seek approval from the court to maintain possession of all or a portion of the property of the protected person until certification is received.
(b) If no personal representative has been appointed pursuant to chapter 138 or 139 of NRS, the temporary guardian shall pay all of the final expenses and outstanding debts of the protected person to the extent possible using the assets in the possession of the temporary guardian.
(Added to NRS by 2003, 1767)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.193 - Winding up affairs.

1. The guardian of the estate is entitled to retain possession of the property of the protected person already in the control of the guardian and is authorized to perform the duties of the guardian to wind up the affairs of the guardianship:
(a) Except as otherwise provided in paragraph (b), (c) or (d), for not more than 180 days or a period that is reasonable and necessary as determined by the court after the termination of the guardianship;
(b) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a personal representative of the estate of a deceased protected person;
(c) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a successor trustee of a trust of the deceased protected person and upon request by the trustee; or
(d) Upon approval of the court, for more than 180 days or 90 days, as applicable, if the guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate.
2. To wind up the affairs of the guardianship, the guardian shall:
(a) Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.
(b) Complete the performance of any contractual obligations incurred by the guardianship estate.
(c) With prior approval of the court, continue any activity that:
(1) The guardian believes is appropriate and necessary; or
(2) Was commenced before the termination of the guardianship.
(d) If the guardianship is terminated for a reason other than the death of the protected person, examine and allow and pay, or reject, all claims presented to the guardian prior to the termination of the guardianship for obligations incurred prior to the termination.
3. If the assets are transferred to a personal representative or a successor trustee as provided for in paragraphs (b) and (c) of subsection 1, the court may authorize the guardian to retain sufficient assets to pay any anticipated expenses and taxes of the guardianship estate.
(Added to NRS by 1969, 432; A 2003, 1800; 2007, 2034; 2013, 922)