A.B. 387
- *AB387*
ASSEMBLY BILL NO. 387–COMMITTEE ON JUDICIARY
MARCH 10, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing guardianship of
minors. (BDR 13-869)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to guardianship; revising provisions relating to
service of certain notices, petitions and citations relating
to guardianships of minors; revising provisions relating to
the appointment, modification, removal or termination of
guardianships of minors; revising provisions relating to
the powers and duties of guardians of minors; revising
provisions relating to the management of the estates,
property and other assets of protected minors; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes procedures relating to the appointment of guardians of 1
minors and prescribes the powers and duties of the guardians. (Chapter 159A of 2
NRS) Specifically, existing law requires a notice of a petition in a guardianship 3
proceeding for a minor, the petition and a citation relating to the time and place of 4
the hearing on the petition to be served on certain persons. (NRS 159A.034, 5
159A.047, 159A.0475) Sections 3, 8 and 9 of this bill make various changes 6
related to the persons who are required to be served with the notice, petition or 7
citation. 8
Existing law prescribes the method of service related to certain petitions and 9
citations required to be served in guardianship proceedings for minors. (NRS 10
159A.034, 159A.0475, 159A.052, 159A.053) Sections 3, 9, 13 and 14 of this bill 11
make various changes related to the method of service. 12
Existing law requires a petition for the appointment of a guardian for a minor to 13
include certain information. (NRS 159A.044) Similarly, existing law sets forth the 14
information that must be contained in a petition for the appointment of a temporary 15
guardian of a minor. (NRS 159A.053) Sections 4 and 14 of this bill revise the 16
information that is required to be contained in the petition for the appointment of a 17
guardian and a petition for the appointment of a temporary guardian, respectively. 18
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Existing law requires a proposed guardian to file a proposed preliminary care 19
plan and budget under certain circumstances. (NRS 159A.0445) Section 5 of this 20
bill: (1) expands the circumstances under which a proposed guardian may be 21
required to file a proposed preliminary care plan and budget; and (2) requires the 22
annual review and revision of the budget under certain circumstances. 23
Existing law authorizes a court to appoint an attorney to represent a protected 24
minor or proposed protected minor in guardianship proceedings. (NRS 159A.045) 25
Section 6 of this bill provides that if a court appoints an attorney to represent a 26
protected minor or proposed protected minor in a jurisdiction where there are 27
certain established programs for legal services, the court must appoint an attorney 28
from that program in those circumstances. Section 6 also establishes provisions that 29
address the scenario under which the program for legal services has insufficient 30
funding to support the representation of each child who would otherwise qualify for 31
the appointment of an attorney under the new procedures. Sections 7 and 10 of this 32
bill make certain changes to reflect the procedures for the appointment of an 33
attorney under section 6. 34
Section 11 of this bill deems a protected minor or proposed protected minor 35
who is the subject of guardianship proceedings to be a party to the proceedings. 36
Existing law authorizes a court to determine that a petitioner is a vexatious 37
litigant under certain circumstances. (NRS 159A.0486) Section 12 of this bill 38
expands the circumstances under which a court may find that a petitioner is a 39
vexatious litigant to include certain acts involving a parent of a protected minor or 40
proposed protected minor. 41
Existing law requires a proposed protected minor to attend a hearing for the 42
appointment of a guardian unless certain evidence is shown to the court. (NRS 43
159A.0535) Section 15 of this bill removes this requirement related to the evidence 44
and instead authorizes the court to waive the requirement for physical attendance or 45
remote appearance for good cause shown. 46
Existing law establishes various procedures related to the issuance of orders for 47
the appointment of a guardian and the burden of proof for the petitioner and certain 48
other persons. (NRS 159A.055, 159A.0565, 159A.061) Section 16 of this bill 49
requires the petitioner to prove by clear and convincing evidence that the 50
appointment of a guardian is in the best interests of the proposed protected minor. 51
Sections 16-18 of this bill also make various changes related to the issuance of 52
such orders. 53
Existing law requires a guardian of a protected minor to perform certain duties 54
that are necessary for the proper care, maintenance, education and support of the 55
protected minor. (NRS 159A.079) Section 20 of this bill additionally requires a 56
guardian to ensure that a protected minor maintains a relationship with each parent 57
of the protected minor under certain circumstances. 58
Existing law establishes certain requirements relating to the placement of a 59
protected minor in a secured residential long-term care facility. (NRS 159A.079, 60
159A.0807) Sections 20 and 21 of this bill make these requirements applicable to 61
the placement of a protected minor in a facility that provides residential treatment. 62
Sections 20 and 22 of this bill also remove certain unnecessary references to 63
the employment of certain providers of health care by the Department of Veterans 64
Affairs. 65
Existing law requires a guardian of a protected minor to file an annual report 66
and prescribes the required contents of the report. (NRS 159A.081) Section 23 of 67
this bill requires the report to include the frequency of visitation between the 68
protected minor and any parent of the protected minor. 69
Existing law establishes the duties of a guardian of the estate of a protected 70
minor. (NRS 159A.083) Section 24 of this bill revises and expands the duties of a 71
guardian of the estate related to investing, financial accounting, the expenditure of 72
money and the management of certain other property. Section 27 of this bill makes 73
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similar changes concerning the expenditure of money related to a guardian of a 74
protected minor who is not a guardian of the estate of a protected minor. (NRS 75
159A.112) Sections 19, 26, 28-31 and 39 of this bill make various other changes 76
related to the estate of a protected minor. 77
Existing law requires a guardian to notify the court if the guardian is subject to 78
certain disqualifying events. (NRS 159A.1852) Section 32 of this bill removes 79
certain circumstances under which a guardian is required to provide such notice. 80
Existing law authorizes certain persons to petition the court to remove a 81
guardian. (NRS 159A.1853) Section 33 of this bill revises the persons who may file 82
such a petition by removing the authority of a public guardian to file the petition 83
and additionally authorizing an attorney of a protected minor or agency which 84
provides child welfare services to file the petition. Section 37 of this bill requires a 85
court to consider certain factors related to petitions filed by the parent of a 86
protected minor. (NRS 159A.1915) 87
Sections 33, 35, 38 and 40 of this bill revise the remedial actions that can be 88
taken by a court under certain circumstances. 89
Existing law authorizes a court to appoint another guardian when a guardian 90
dies or is removed by an order of the court. (NRS 159A.187) Section 34 of this bill 91
requires the court to provide notice of the matter to an agency which provides child 92
welfare services if a guardian dies or is removed and there is not a qualified 93
guardian or temporary substitute guardian willing to serve. 94
Section 1 of this bill defines the term “agency which provides child welfare 95
services” for the purposes of the provisions of law governing guardianships of 96
minors. Section 2 of this bill makes a conforming change to indicate that the 97
definition applies to the existing provisions of law. 98
Section 42 of this bill repeals various provisions of law related to the 99
guardianship of minors. Sections 2-4, 8, 9, 25-28, 36 and 41 of this bill make 100
conforming changes relating to the repeal of such provisions. 101
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
“Agency which provides child welfare services” has the 3
meaning ascribed to it in NRS 432B.030. 4
Sec. 2. NRS 159A.013 is hereby amended to read as follows: 5
159A.013 As used in this chapter, unless the context otherwise 6
requires, the words and terms defined in NRS [159A.014] 7
159A.0145 to 159A.0265, inclusive, and section 1 of this act, have 8
the meanings ascribed to them in those sections. 9
Sec. 3. NRS 159A.034 is hereby amended to read as follows: 10
159A.034 1. Except as otherwise provided in this section, by 11
specific statute or as ordered by the court, a petitioner in a 12
guardianship proceeding shall give notice of the time and place of 13
the hearing on any petition filed in the guardianship proceeding to: 14
(a) Any protected minor who is 14 years of age or older, 15
regardless of whether the protected minor is considered to have the 16
capacity to understand or appreciate the contents of the petition. 17
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(b) The parent or legal guardian of any protected minor . [who is 1
less than 14 years of age.] 2
(c) All known relatives of the protected minor who are within 3
the second degree of consanguinity. 4
(d) [Any other interested person or the person’s attorney who 5
has filed a request for notice in the guardianship proceedings and 6
has served a copy of the request upon the guardian. The request for 7
notice must state the interest of the person filing the request and the 8
person’s name and address, or that of his or her attorney. 9
(e)] The guardian, if the petitioner is not the guardian. 10
[(f)] (e) Any person [or care provider] who is providing care for 11
the protected minor, except that if the person [or care provider] is 12
not related to the protected minor, such person [or care provider] 13
must not receive copies of any inventory or accounting. 14
[(g) The Director of the Department of Health and Human 15
Services if the protected minor has received or is receiving benefits 16
from Medicaid. 17
(h)] (f) Those persons entitled to notice if a proceeding were 18
brought in the protected minor’s home state. 19
2. The petitioner shall give notice not later than 10 days before 20
the date set for the hearing: 21
(a) By mailing a copy of the notice by certified, registered or 22
ordinary first-class mail to the residence, office or post office 23
address of each person required to be notified pursuant to this 24
section; 25
(b) By personal service; or 26
(c) In any other manner ordered by the court, upon a showing of 27
good cause. 28
3. Except as otherwise provided in this subsection, if none of 29
the persons entitled to notice of a hearing on a petition pursuant to 30
this section can, after due diligence, be served by certified mail or 31
personal service and this fact is proven by affidavit to the 32
satisfaction of the court, service of the notice [must] may be made 33
[by publication] in [the] any manner [provided] prescribed by the 34
Nevada Rules of Civil Procedure [.] , including, without limitation, 35
by electronic transmission. In all such cases, the notice must be 36
[published] served not later than 10 days before the date set for the 37
hearing. If, after the appointment of a guardian, a search for 38
relatives of the protected minor listed in paragraph (c) of subsection 39
1 fails to find any such relative, the court may waive the notice [by 40
publication] required by this subsection. 41
4. For good cause shown, the court may waive the requirement 42
of giving notice. 43
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5. A person entitled to notice pursuant to this section may 1
waive such notice. Such a waiver must be in writing and filed with 2
the court. 3
6. On or before the date set for the hearing, the petitioner shall 4
file with the court proof of giving notice to each person entitled to 5
notice pursuant to this section. 6
Sec. 4. NRS 159A.044 is hereby amended to read as follows: 7
159A.044 1. Except as otherwise provided in NRS 127.045, a 8
proposed protected minor, a governmental agency, a nonprofit 9
corporation or any interested person may petition the court for the 10
appointment of a guardian. 11
2. To the extent the petitioner knows or reasonably may 12
ascertain or obtain, the petition must include, without limitation: 13
(a) The name and address of the petitioner. 14
(b) The name, date of birth and current address of the proposed 15
protected minor. 16
(c) A copy of one of the following forms of identification of the 17
proposed protected minor which must be placed in the records 18
relating to the guardianship proceeding and, except as otherwise 19
provided in NRS 239.0115 or as otherwise required to carry out a 20
specific statute, maintained in a confidential manner: 21
(1) A social security number; 22
(2) A birth certificate; 23
(3) A valid driver’s license number; 24
(4) A valid identification card number; 25
(5) A valid passport number; 26
(6) A valid permanent resident card number; or 27
(7) A valid tribal identification card number. 28
If the information required pursuant to this paragraph is not 29
included with the petition, the information must be provided to the 30
court not later than 120 days after the appointment of a guardian or 31
as otherwise ordered by the court. 32
(d) The date on which the proposed protected minor will attain 33
the age of majority and: 34
(1) Whether there is a current order concerning custody and, 35
if so, the state in which the order was issued; and 36
(2) Whether the petitioner anticipates that the proposed 37
protected minor will need guardianship after attaining the age of 38
majority. 39
(e) Whether the proposed protected minor is a resident or 40
nonresident of this State. 41
(f) The names and addresses of the relatives of the proposed 42
protected minor who are within the second degree of consanguinity. 43
(g) The name, date of birth and current address of the proposed 44
guardian. If the proposed guardian is a private professional 45
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guardian, the petition must include proof that the guardian meets the 1
requirements of NRS 159A.0595. If the proposed guardian is not a 2
private professional guardian, the petition must include a statement 3
that the proposed guardian currently is not receiving compensation 4
for services as a guardian to more than one protected person who is 5
not related to the person by blood or marriage. 6
(h) A copy of one of the following forms of identification of the 7
proposed guardian which must be placed in the records relating to 8
the guardianship proceeding and, except as otherwise provided in 9
NRS 239.0115 or as otherwise required to carry out a specific 10
statute, maintained in a confidential manner: 11
(1) A social security number; 12
(2) A birth certificate; 13
(3) A valid driver’s license number; 14
(4) A valid identification card number; 15
(5) A valid passport number; 16
(6) A valid permanent resident card number; or 17
(7) A valid tribal identification card number. 18
(i) Whether the proposed guardian has ever been convicted of a 19
felony and, if so, information concerning the crime for which the 20
proposed guardian was convicted and whether the proposed 21
guardian was placed on probation or parole. 22
(j) Whether the proposed guardian, or any person who resides 23
with the proposed guardian: 24
(1) Has ever been named in a report that has been assigned 25
a disposition of substantiated pursuant to NRS 432B.305; 26
(2) Has ever been investigated for child abuse or neglect by 27
an agency which provides child welfare services; or 28
(3) Is being investigated for child abuse or neglect by an 29
agency which provides child welfare services. 30
(k) A summary of the reasons why a guardian is needed and any 31
available documentation demonstrating the need for a guardianship, 32
including, without limitation, any orders or other information from a 33
court concerning the custody of the proposed protected minor. 34
[(k)] (l) A statement concerning the suitability of the proposed 35
guardian to provide for the basic needs of the proposed protected 36
minor, including, without limitation, food, shelter, clothing, 37
medical care and education. 38
(m) A general description and the probable value of the property 39
of the proposed protected minor and any income to which the 40
proposed protected minor is or will be entitled, if the petition is for 41
the appointment of a guardian of the estate. 42
[(l)] (n) The name and address of any person [or care provider] 43
having the care, custody or control of the proposed protected minor. 44
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[(m)] (o) A description of the relationship between the 1
proposed guardian and the proposed protected minor. 2
(p) The name of each person who resides with the proposed 3
guardian and a description of the relationship between any such 4
person and: 5
(1) The proposed guardian; and 6
(2) The proposed protected minor. 7
(q) If a petitioner is not a parent of the proposed protected minor 8
[, a] : 9
(1) A declaration explaining the relationship of the petitioner 10
to the proposed protected minor or to the proposed protected 11
minor’s parents and the interest, if any, of that petitioner in the 12
appointment [. 13
(n)] ; and 14
(2) The expected amount of parental involvement in the life 15
of the proposed protected minor, if any. 16
(r) Requests for any of the specific powers set forth in NRS 17
[159A.165 to] 159A.169, 159A.171 and 159A.175 [, inclusive,] 18
necessary to enable the guardian to carry out the duties of the 19
guardianship. 20
[(o)] (s) If the guardianship is sought as the result of an 21
investigation of a report of abuse or neglect of the proposed 22
protected minor, whether the referral was from a law enforcement 23
agency or a state or county agency. 24
[(p)] (t) Whether the proposed protected minor or the proposed 25
guardian is a party to any pending criminal or civil [litigation. 26
(q)] proceeding, including, without limitation: 27
(1) A proceeding for dependency; or 28
(2) A delinquency proceeding which is conducted pursuant 29
to title 5 of NRS. 30
(u) Whether the guardianship is sought for the purpose of 31
initiating litigation. 32
[(r)] (v) Whether the proposed guardian has filed for or received 33
protection under the federal bankruptcy laws within the immediately 34
preceding 7 years. 35
Sec. 5. NRS 159A.0445 is hereby amended to read as follows: 36
159A.0445 [Upon the filing of a petition for the appointment 37
of a guardian, the] 38
1. A court may require a proposed guardian to file a proposed 39
preliminary care plan and budget [.] upon: 40
(a) The filing of a petition for the appointment of a guardian 41
of the estate; 42
(b) The filing of a petition for the appointment of a guardian 43
of the person and estate; or 44
(c) A finding of good cause shown. 45
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2. The format of [such] a proposed preliminary care plan and 1
budget [and the timing of the filing thereof] described in this 2
section must be specified by a rule approved by the Supreme Court. 3
3. If a budget submitted pursuant to this section is approved, 4
a court shall annually review the budget in conjunction with the 5
annual accounting filed pursuant to NRS 159A.176 to 159A.183, 6
inclusive. 7
4. If at any time the court determines that a budget is not 8
reasonably calculated to meet the needs of a protected minor, the 9
court may order the guardian to submit a revised proposed budget 10
for review and approval by the court. 11
5. A requirement to make a budget from the estate of a 12
protected minor is presumed to not be in the best interest of the 13
protected minor if the guardian is a parent of the protected minor. 14
6. Nothing in this section shall be deemed to alleviate the duty 15
of a parent to financially provide for the basic needs of a protected 16
minor, including, without limitation, food, shelter, clothing and 17
medical care. 18
Sec. 6. NRS 159A.045 is hereby amended to read as follows: 19
159A.045 1. On or after the date of the filing of a petition to 20
appoint a guardian: 21
(a) [The] Subject to subsection 2, the court may appoint an 22
attorney to represent the protected minor or proposed protected 23
minor; and 24
(b) The attorney must represent the protected minor or proposed 25
protected minor until relieved of that duty by court order. 26
2. [The] Except as otherwise provided in subsection 3, if a 27
petition to appoint a guardian is filed in a jurisdiction where there 28
is a program for legal services that receives the fees charged 29
pursuant to NRS 19.031 for the operation of programs for the 30
indigent and the protected minor or proposed protected minor 31
would qualify for representation from the program in the 32
guardianship proceeding, the court shall appoint an attorney from 33
the program to represent the protected minor or proposed 34
protected minor. 35
3. If a program for legal services described in subsection 2 36
has insufficient funds to support the representation of each child 37
who would qualify for the appointment of an attorney pursuant to 38
subsection 2, the program shall represent the percentage of 39
protected minors or proposed protected minors supported from 40
available funds. 41
4. If an attorney appointed pursuant to subsection 1 is not 42
compensated by any public money for the representation and the 43
protected minor or proposed protected minor has an estate, the 44
court may authorize an attorney [is entitled] to receive reasonable 45
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compensation from the estate . [of the protected minor or proposed 1
protected minor.] 2
5. If the court finds that a person has unnecessarily or 3
unreasonably caused the appointment of an attorney, the court may 4
order the person to pay to the estate of the protected minor or 5
proposed protected minor all or part of the expenses associated with 6
the appointment of the attorney. 7
[3.] 6. An attorney who is appointed pursuant to subsection 1 8
may not serve as a guardian ad litem or an advocate for the best 9
interests of a protected minor or proposed protected minor. 10
Sec. 7. NRS 159A.0455 is hereby amended to read as follows: 11
159A.0455 1. The court may appoint a guardian ad litem or 12
an advocate for the best interests of a protected minor or proposed 13
protected minor who is the subject of guardianship proceedings 14
conducted pursuant to this chapter if the court believes that the 15
minor could benefit from that appointment. 16
2. The court may not appoint an attorney as a guardian ad litem 17
or an advocate for the best interests of a protected minor or 18
proposed protected minor unless: 19
(a) [The] If an attorney has been appointed pursuant to 20
subsection 1 of NRS 159A.045 or has otherwise been retained to 21
represent the protected minor or proposed protected minor, the 22
court believes that [an] the attorney [who represents the protected 23
minor or proposed protected minor] is unable to provide information 24
which is required by the court to make a determination on the best 25
interests of the minor; 26
(b) [No] A volunteer is not available to serve as an advocate; or 27
(c) Extraordinary circumstances exist in which an attorney may 28
assist the court as an advocate. 29
3. A guardian ad litem or an advocate for the best interests of a 30
protected minor or proposed protected minor who is appointed 31
pursuant to subsection 1: 32
(a) Is an officer of the court; 33
(b) Does not represent the protected minor or proposed protected 34
minor; 35
(c) Shall not offer legal advice; 36
(d) Is not a party to the case; 37
(e) Shall advocate for the best interests of the protected minor or 38
proposed protected minor; 39
(f) Shall provide information to the court in accordance with 40
applicable court rule; and 41
(g) Shall serve until relieved of that duty by court order. 42
4. A guardian ad litem or an advocate for the best interests of a 43
protected minor or proposed protected minor is entitled to 44
reasonable compensation from the estate of the protected minor or 45
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proposed protected minor. If the protected minor or proposed 1
protected minor is indigent, the court may order such compensation 2
to be paid by the county. 3
5. If the court finds that a person has unnecessarily or 4
unreasonably caused the appointment of a guardian ad litem or an 5
advocate for the best interests of a protected minor or proposed 6
protected minor, the court may order the person to pay to the estate 7
of the protected minor or proposed protected minor all or part of the 8
expenses associated with the appointment of the guardian ad litem 9
or advocate for the best interests of the protected minor or proposed 10
protected minor. 11
Sec. 8. NRS 159A.047 is hereby amended to read as follows: 12
159A.047 1. Except as otherwise provided in NRS 13
159A.0475, [159A.049,] 159A.052 and 159A.053, upon the filing of 14
a petition under NRS 159A.044, the clerk shall issue a citation 15
setting forth a time and place for the hearing and directing the 16
persons [or care provider] referred to in subsection 2 to appear and 17
show cause why a guardian should not be appointed for the 18
proposed protected minor. 19
2. A citation issued under subsection 1, together with a copy of 20
the petition filed under NRS 159A.044, must be served upon: 21
(a) A proposed protected minor who is 14 years of age or older, 22
regardless of whether the proposed protected minor is considered to 23
have the capacity to understand or appreciate the contents of the 24
citation and petition; 25
(b) All known relatives of the proposed protected minor who 26
are: 27
(1) Fourteen years of age or older; and 28
(2) Within the second degree of consanguinity; 29
(c) The parents and custodian of the proposed protected minor; 30
(d) Any person [or officer of a care provider] having the care, 31
custody or control of the proposed protected minor; and 32
(e) The proposed guardian, if the petitioner is not the proposed 33
guardian . [; and 34
(f) The Director of the Department of Health and Human 35
Services if the proposed protected minor has received or is receiving 36
any benefits from Medicaid.] 37
3. A person who serves notice upon a proposed protected 38
minor pursuant to paragraph (a) of subsection 2 shall file with the 39
court an affidavit stating that he or she served notice upon the 40
proposed protected minor in accordance with the provisions of 41
NRS 159A.0475. 42
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Sec. 9. NRS 159A.0475 is hereby amended to read as follows: 1
159A.0475 1. A copy of the citation issued pursuant to NRS 2
159A.047, together with a copy of the petition filed under NRS 3
159A.044, must be served [: 4
(a) Except as otherwise ordered by the court, on a proposed 5
protected minor who is 14 years of age or older by personal service 6
in the manner provided pursuant to the Nevada Rules of Civil 7
Procedure at least 10 days before the date set for the hearing; and 8
(b) On] on each person required to be served pursuant to NRS 9
159A.047 [other than a proposed protected minor] by: 10
[(1)] (a) Certified mail, with a return receipt requested, at 11
least 20 days before the hearing; or 12
[(2)] (b) Personal service in the manner provided pursuant to 13
the Nevada Rules of Civil Procedure at least 10 days before the date 14
set for the hearing. 15
2. If none of the persons on whom the citation and petition is to 16
be served can, after due diligence, be served by certified mail or 17
personal service, as applicable, and this fact is proven by affidavit to 18
the satisfaction of the court, service of the citation [must] may be 19
made [by publication] in [the] any manner [provided] prescribed by 20
the Nevada Rules of Civil Procedure [.] , including, without 21
limitation, by electronic transmission. In all such cases, the citation 22
must be [published] served at least [20] 10 days before the date set 23
for the hearing. 24
3. A citation and petition need not be served on a person [or an 25
officer of the care provider] who has signed the petition or a written 26
waiver of service of the citation and petition or who makes a general 27
appearance. 28
4. The court may find that notice is sufficient if: 29
(a) The citation and petition have been served by personal 30
service on the proposed protected minor and an affidavit of such 31
service has been filed with the court pursuant to subsection 3 of 32
NRS 159A.047; 33
(b) The citation and petition have been served by certified mail, 34
with a return receipt requested, or by personal service on the [care 35
provider or] guardian required to be served pursuant to NRS 36
159A.047; and 37
(c) At least one relative of the proposed protected minor who is 38
required to be served pursuant to NRS 159A.047 has been served, as 39
evidenced by the return receipt or the certificate of service. If the 40
court finds that at least one relative of the proposed protected minor 41
has not received notice that is sufficient, the court will require 42
service of the citation [to be published] pursuant to subsection 2. 43
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Sec. 10. NRS 159A.048 is hereby amended to read as follows: 1
159A.048 The citation issued pursuant to NRS 159A.047 must 2
state that: 3
1. A guardian may be appointed for the proposed protected 4
minor; 5
2. The rights of the proposed protected minor and of any 6
person having legal or physical custody of the proposed protected 7
minor may be affected as specified in the petition; 8
3. The proposed protected minor has the right to appear at the 9
hearing and to oppose the petition; 10
4. The proposed protected minor has the right to be represented 11
by an attorney; and 12
5. At any time during proceedings on the citation, the court 13
may appoint for the proposed protected minor: 14
(a) An attorney [.] pursuant to NRS 159A.045. 15
(b) A guardian ad litem or an advocate for the best interests of 16
the proposed protected minor pursuant to NRS 159A.0455. 17
Sec. 11. NRS 159A.0483 is hereby amended to read as 18
follows: 19
159A.0483 1. A protected minor or proposed protected minor 20
who is the subject of proceedings held pursuant to this chapter shall 21
be deemed a party to the proceedings. 22
2. The protected minor or proposed protected minor may be 23
represented by an attorney at all stages of the proceedings. 24
3. If the protected minor or proposed protected minor is 25
represented by an attorney, the attorney has the same authority and 26
rights as an attorney representing [a] another party to the 27
proceedings. 28
Sec. 12. NRS 159A.0486 is hereby amended to read as 29
follows: 30
159A.0486 1. A court may find that a petitioner is a 31
vexatious litigant if a person, other than the protected minor [:] or 32
proposed protected minor: 33
(a) Files a petition which is without merit or intended to harass 34
or annoy the guardian [;] or a parent of the protected minor or 35
proposed protected minor; and 36
(b) Has previously filed pleadings in a guardianship proceeding 37
that were without merit or intended to harass or annoy the guardian 38
[.] or a parent of the protected minor or proposed protected minor. 39
2. If a court finds a person is a vexatious litigant pursuant to 40
subsection 1, the court may impose sanctions on the petitioner . [in 41
an amount sufficient to reimburse the estate of the protected minor 42
for all or part of the expenses incurred by the estate of the protected 43
minor to defend the petition, to respond to the petition and for any 44
other pecuniary losses which are associated with the petition.] 45
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Sec. 13. NRS 159A.052 is hereby amended to read as follows: 1
159A.052 1. A petitioner may request the court to appoint a 2
temporary guardian for a proposed protected minor who is in need 3
of immediate medical attention which he or she cannot obtain 4
without the appointment of a temporary guardian. To support the 5
request, the petitioner must set forth in a petition and present to the 6
court under oath: 7
(a) Documentation which shows that the proposed protected 8
minor needs immediate medical attention and, without the 9
appointment of a temporary guardian, cannot obtain that medical 10
attention. [Such documentation must include, without limitation, a 11
copy of the birth certificate of the proposed protected minor or other 12
documentation verifying the age of the proposed protected minor.] 13
(b) Facts which show that: 14
(1) The petitioner has tried in good faith to notify the persons 15
entitled to notice pursuant to NRS 159A.047 by telephone or in 16
writing before the filing of the petition; 17
(2) The proposed protected minor would be exposed to an 18
immediate risk of physical harm if the petitioner were to provide 19
notice to the persons entitled to notice pursuant to NRS 159A.047 20
before the court determines whether to appoint a temporary 21
guardian; or 22
(3) Giving notice to the persons entitled to notice pursuant to 23
NRS 159A.047 is not feasible under the circumstances. 24
2. The court may appoint a temporary guardian to serve for 10 25
days if the court: 26
(a) Finds reasonable cause to believe that the proposed protected 27
minor is in need of immediate medical attention which he or she 28
cannot obtain without the appointment of a temporary guardian; and 29
(b) Is satisfied that the petitioner has tried in good faith to notify 30
the persons entitled to notice pursuant to NRS 159A.047 or that 31
giving notice to those persons is not feasible under the 32
circumstances, or determines that such notice is not required 33
pursuant to subparagraph (2) of paragraph (b) of subsection 1. 34
3. Except as otherwise provided in subsection 4, after the 35
appointment of a temporary guardian, the petitioner shall attempt in 36
good faith to notify the persons entitled to notice pursuant to NRS 37
159A.047, including, without limitation, notice of any hearing to 38
extend the temporary guardianship. If the petitioner fails to make 39
such an effort, the court may terminate the temporary guardianship. 40
4. If, before the appointment of a temporary guardian, the court 41
was satisfied that giving notice to the persons entitled to notice 42
pursuant to NRS 159A.047 was not feasible under the circumstances 43
or determined that such notice was not required pursuant to 44
subparagraph (2) of paragraph (b) of subsection 1, the petitioner 45
– 14 –
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shall notify the persons entitled to notice pursuant to NRS 159A.047 1
without undue delay, but not later than 48 hours after the 2
appointment of the temporary guardian or not later than 48 hours 3
after the petitioner discovers the existence, identity and location of 4
the persons entitled to notice pursuant to that section. If the 5
petitioner fails to provide such notice, the court may terminate the 6
temporary guardianship. 7
5. Not later than 10 days after the date of the appointment of a 8
temporary guardian pursuant to subsection 2, the court shall hold a 9
hearing to determine the need to extend the temporary guardianship. 10
Except as otherwise provided in subsection 7, if the court finds by 11
clear and convincing evidence that the protected minor continues to 12
be in need of immediate medical attention which he or she cannot 13
obtain without the extension of the temporary guardianship, the 14
court may, pursuant to subsection 8, extend the temporary 15
guardianship until a general guardian is appointed. 16
6. If the court appoints a temporary guardian or extends a 17
temporary guardianship pursuant to this section, the court shall limit 18
the powers of the temporary guardian to those necessary to respond 19
to the need for immediate medical attention. 20
7. The court may not extend a temporary guardianship pursuant 21
to subsection 5 beyond the initial period of 10 days unless the 22
petitioner demonstrates that: 23
(a) The provisions of NRS 159A.0475 have been satisfied; or 24
(b) Notice [by publication pursuant to] in any manner 25
prescribed by the Nevada Rules of Civil Procedure , including, 26
without limitation, by electronic transmission is currently being 27
undertaken. 28
8. The court may extend the temporary guardianship, for good 29
cause shown, for not more than two successive 60-day periods. 30
Sec. 14. NRS 159A.053 is hereby amended to read as follows: 31
159A.053 1. A petitioner may request that the court appoint a 32
temporary guardian for the person or the estate, or both, of a 33
proposed protected minor by filing a verified petition. 34
2. [The petition] To support the request, the petitioner must 35
[state] set forth in the petition and present under oath facts which : 36
(a) Establish that the proposed protected minor would be 37
exposed to an immediate risk of physical, emotional, educational 38
or financial harm if the court did not appoint a temporary 39
guardian or otherwise establish good cause for the appointment of a 40
temporary guardian ; and [which show that: 41
(a)] (b) Show that: 42
(1) The petitioner has tried in good faith to notify the persons 43
entitled to notice pursuant to NRS 159A.047 by telephone or in 44
writing before the filing of the petition; 45
– 15 –
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[(b)] (2) The proposed protected minor would be exposed to an 1
immediate risk of physical, emotional , educational or financial 2
harm if the petitioner were to provide notice to the persons entitled 3
to notice pursuant to NRS 159A.047 before the court determines 4
whether to appoint a temporary guardian; or 5
[(c)] (3) Giving notice to the persons entitled to notice pursuant 6
to NRS 159A.047 is not feasible under the circumstances. 7
3. A petition which seeks an ex parte appointment of a 8
temporary guardian must be accompanied by an affidavit which 9
explains the emergency that requires a temporary guardian to be 10
appointed before a hearing. 11
4. If no parent of the proposed protected minor has had the 12
care, custody and control of the minor for the 6 months immediately 13
preceding the petition, temporary guardianship of the person of the 14
minor is presumed to be in the best interest of the minor. 15
5. The court may, upon that petition or other showing as it may 16
require, appoint a temporary guardian of the person or the estate, or 17
both, of the proposed protected minor. 18
6. Except as otherwise provided in subsection 7, after the 19
appointment of a temporary guardian, the petitioner shall attempt in 20
good faith to notify the persons entitled to notice pursuant to NRS 21
159A.047, including, without limitation, notice of any hearing to 22
extend the temporary guardianship. If the petitioner fails to make 23
such an effort, the court may terminate the temporary guardianship. 24
7. If, before the appointment of a temporary guardian, the court 25
was satisfied that giving notice to the persons entitled to notice 26
pursuant to NRS 159A.047 was not feasible under the circumstances 27
or determined that such notice was not required pursuant to 28
subparagraph (2) or (3) of paragraph (b) [or (c)] of subsection 2, 29
the petitioner shall notify the persons entitled to notice pursuant to 30
NRS 159A.047 without undue delay, but not later than 48 hours 31
after the appointment of the temporary guardian or not later than 48 32
hours after the petitioner discovers the existence, identity and 33
location of the persons entitled to notice pursuant to that section. If 34
the petitioner fails to provide such notice, the court may terminate 35
the temporary guardianship. 36
8. Not later than 10 days after the date of an ex parte 37
appointment of a temporary guardian pursuant to subsection 5, the 38
court shall hold a hearing to determine the need to extend the 39
temporary guardianship. Except as otherwise provided in subsection 40
9, if the court finds by clear and convincing evidence that the 41
protected minor continues to be in need of a temporary guardian, the 42
court may, pursuant to subsection 10, extend the temporary 43
guardianship until a general guardian is appointed. 44
– 16 –
- *AB387*
9. The court may not extend a temporary guardianship pursuant 1
to subsection 8 beyond the initial period of 10 days unless the 2
petitioner demonstrates that: 3
(a) The provisions of NRS 159A.0475 have been satisfied; or 4
(b) Notice [by publication pursuant to] in any manner 5
prescribed by the Nevada Rules of Civil Procedure , including, 6
without limitation, by electronic transmission is currently being 7
undertaken. 8
10. The court may extend the temporary guardianship, for good 9
cause shown, for not more than two successive 60-day periods, 10
unless extraordinary circumstances necessitate a longer duration for 11
the temporary guardianship. 12
11. If for any reason a guardian who is appointed for a 13
protected minor cannot perform the duties of a guardian, the court 14
may, upon a petition filed to request temporary guardianship for the 15
minor, appoint a temporary guardian to exercise the powers of a 16
guardian until another guardian is appointed for the minor. 17
Sec. 15. NRS 159A.0535 is hereby amended to read as 18
follows: 19
159A.0535 1. [A] Unless waived by the court for good cause 20
shown, a proposed protected minor who is found in this State must 21
physically attend the hearing for the appointment of a guardian 22
[unless: 23
(a) A certificate signed by a physician or psychiatrist who is 24
licensed to practice in this State specifically states the condition of 25
the proposed protected minor, the reasons why the proposed 26
protected minor is unable to appear in court and whether the 27
proposed protected minor’s attendance at the hearing would be 28
detrimental to the physical or mental health of the proposed 29
protected minor; or 30
(b) A certificate signed by any other person the court finds 31
qualified to execute a certificate states the condition of the proposed 32
protected minor, the reasons why the proposed protected minor is 33
unable to appear in court and whether the proposed protected 34
minor’s attendance at the hearing would be detrimental to the 35
physical or mental health of the proposed protected minor. 36
2. A proposed protected minor found in this State who cannot 37
attend the hearing for the appointment of a guardian as set forth in a 38
certificate pursuant to subsection 1 may] or appear at the hearing 39
by telephone or by videoconference or any other means that uses 40
audio-video communication [. 41
3. The court may prescribe the form in which a certificate 42
required by this section must be filed. If the certificate consists of 43
separate parts, each part must be signed by the person who is 44
required to sign the certificate. 45
– 17 –
- *AB387*
4.] , if so authorized by the court. 1
2. If the proposed protected minor is not in this State, the 2
proposed protected minor must attend or appear at the hearing as 3
described in subsection 1 only if the court determines that the 4
attendance of the proposed protected minor is necessary in the 5
interests of justice. 6
[5.] 3. As used in this section, “audio-video communication” 7
means communication by which a person is able to see, hear and 8
communicate with another person in real time using electronic 9
means. 10
Sec. 16. NRS 159A.055 is hereby amended to read as follows: 11
159A.055 1. The petitioner has the burden of proving by 12
clear and convincing evidence that the appointment of a guardian of 13
the person, of the estate, or of the person and estate is necessary [.] 14
and in the best interests of the proposed protected minor. 15
2. In determining the best interests of the proposed protected 16
minor pursuant to subsection 1, the court shall consider: 17
(a) The wishes of the proposed protected minor; 18
(b) The extent to which the parent poses a safety risk of either 19
physical or emotional danger to the proposed protected minor; 20
(c) The nature and quality of the parent-child relationship; 21
(d) The length of time that the proposed protected minor has 22
been out of the care, custody and control of either parent; 23
(e) The ability of the parent to meet the needs of the proposed 24
protected minor; and 25
(f) The recommendation of the guardian ad litem, if 26
applicable. 27
3. If [it appears to] the court [that the allegations of the petition 28
are sufficient and] finds by clear and convincing evidence that the 29
appointment of a guardian [should be appointed for] is necessary 30
and in the best interests of the proposed protected minor, the court 31
shall enter an order appointing a guardian. [The] 32
4. An order appointing a guardian must: 33
(a) Set forth with specificity the findings of fact upon which 34
the order is based; 35
(b) Specify whether the guardian appointed is guardian of the 36
person, of the estate, or of the person and estate; 37
[(b)] (c) Specify whether the proposed protected minor is a 38
resident or nonresident of this State; 39
[(c)] (d) Specify the amount of the bond to be executed and 40
filed by the guardian; and 41
[(d)] (e) Designate the names and addresses, so far as may be 42
determined, of [: 43
(1) The] the relatives of the proposed protected minor upon 44
whom notice must be served pursuant to NRS 159A.047 . [; and 45
– 18 –
- *AB387*
(2) Any other interested person; and 1
(e) Specify whether the proposed protected minor will require a 2
guardianship after reaching 18 years of age. 3
3.] 5. A notice of entry of the court order must be sent to [: 4
(a) The] the relatives of the proposed protected minor upon 5
whom notice must be served pursuant to NRS 159A.047 . [; and 6
(b) Any other interested person.] 7
Sec. 17. NRS 159A.0565 is hereby amended to read as 8
follows: 9
159A.0565 [In] 10
1. Subject to subsection 2, in an order appointing a guardian or 11
in any order thereafter, the court may award rights of visitation 12
between a protected minor and his or her parents or relatives who 13
are within the fourth degree of consanguinity. 14
2. If an order described in subsection 1 limits the visitation 15
between the protected minor and a parent, the order must set forth 16
with specificity findings of fact as to why the limitation is 17
necessary to protect the physical and emotional well-being of the 18
child. 19
Sec. 18. NRS 159A.061 is hereby amended to read as follows: 20
159A.061 1. The appointment of the parents of a proposed 21
protected minor, or either parent, if qualified and suitable, [are 22
preferred over all others for appointment] as guardian for [the 23
person or estate or person and estate of] the proposed protected 24
minor [. The appointment of a parent as guardian for the person or 25
estate of a proposed protected minor must not conflict with a valid 26
order for custody of the proposed protected minor.] is presumed to 27
be in the best interest of the proposed protected minor. 28
2. Except as otherwise provided in subsection [4, if a parent of 29
a proposed protected minor files a petition seeking appointment as 30
guardian for the proposed protected minor, the] 3, a parent is 31
presumed to be suitable to serve as guardian for the proposed 32
protected minor [.] unless: 33
(a) The parent is unable to provide for any or all of the basic 34
needs of the proposed protected minor, including, without 35
limitation: 36
(1) Food; 37
(2) Shelter; 38
(3) Clothing; 39
(4) Medical care; and 40
(5) Education; 41
(b) Because of action or inaction, the parent poses a 42
significant safety risk of either physical or emotional danger to the 43
proposed protected minor; or 44
– 19 –
- *AB387*
(c) The proposed protected minor has not been in the care, 1
custody and control of the parent for the 6 months immediately 2
preceding the filing of the petition. 3
3. [In determining whether the parents of a proposed protected 4
minor, or either] If a proposed protected minor has been in the 5
care, custody and control of a person who is not a parent for the 6 6
months immediately preceding the filing of a petition for the 7
appointment of a guardian, a parent may rebut the presumption of 8
unsuitability by proving that the parent does not qualify for 9
unsuitability in the manner described in paragraph (a) or (b) of 10
subsection 2. 11
4. In evaluating a petition for the appointment of a guardian, 12
the court shall determine the suitability of each parent [, or any 13
other person who seeks appointment as] of the proposed protected 14
minor and the proposed guardian for the proposed protected minor 15
[is qualified and suitable, the court shall consider,] by considering, 16
if applicable and without limitation: 17
(a) [Which parent has physical custody of the proposed 18
protected minor;] With whom the proposed protected minor lives 19
and how long the proposed protected minor has lived with that 20
person; 21
(b) The ability of the [parents, parent or other] person to provide 22
for the basic needs of the proposed protected minor, including, 23
without limitation, food, shelter, clothing and medical care, taking 24
into consideration any special needs of the proposed protected 25
minor; 26
(c) Whether the [parents, parent or other] person has engaged in 27
the habitual use of alcohol or any controlled substance during the 28
previous 6 months, except the use of cannabis in accordance with 29
the provisions of chapter 678C of NRS; 30
(d) Whether the [parents, parent or other] person has been 31
convicted of a crime of moral turpitude, a crime involving domestic 32
violence or a crime involving the abuse, neglect, exploitation, 33
isolation or abandonment of a child, his or her spouse, his or her 34
parent or any other adult; 35
(e) Whether the [parents, parent or other] person has been 36
convicted in this State or any other jurisdiction of a felony; and 37
(f) Whether the [parents, parent or other] person has engaged in 38
one or more acts of domestic violence against the proposed 39
protected minor, a parent of the proposed protected minor or any 40
other person who resides with the proposed protected minor. 41
[4. A parent of a proposed protected minor is presumed to be 42
unsuitable to care for the proposed protected minor if: 43
– 20 –
- *AB387*
(a) The parent is unable to provide for any or all of the basic 1
needs of the proposed protected minor, including, without 2
limitation: 3
(1) Food; 4
(2) Shelter; 5
(3) Clothing; 6
(4) Medical care; and 7
(5) Education; 8
(b) Because of action or inaction, the parent poses a significant 9
safety risk of either physical or emotional danger to the proposed 10
protected minor; or 11
(c) The proposed protected minor has not been in the care, 12
custody and control of the parent for the 6 months immediately 13
preceding the filing of the petition. The presumption created by this 14
paragraph is a rebuttable presumption.] 15
5. Subject to the [preference] presumption set forth in 16
subsection 1 and except as otherwise provided in subsection [7,] 9, 17
the court shall appoint as guardian the qualified person who is most 18
suitable and is willing to serve. 19
6. Except as otherwise provided in subsection 7, the court 20
may not appoint a guardian for a proposed protected minor 21
without the consent of the proposed protected minor if the 22
proposed protected minor is a minor who is 14 years of age or 23
older. 24
7. If the minor will not consent to the appointment of any 25
person who is suitable and willing to serve, the petitioner must 26
show by clear and convincing evidence that the award of the 27
guardianship to the person who is the most suitable and willing to 28
serve is necessary and in the best interests of the proposed 29
protected minor. 30
8. In determining which qualified person is most suitable, the 31
court shall, in addition to considering any applicable factors set forth 32
in subsections 2 [, 3] and 4, give consideration, among other factors, 33
to: 34
(a) Any nomination of a guardian for the proposed protected 35
minor contained in a will or other written instrument executed by a 36
parent of the proposed protected minor. 37
(b) [Any] Except as otherwise provided in subsection 7, any 38
request made by the proposed protected minor . [, if he or she is 14 39
years of age or older, for the appointment of a person as guardian 40
for the proposed protected minor.] 41
(c) The relationship by blood or adoption of the proposed 42
guardian to the proposed protected minor. [In considering 43
preferences of appointment, the court may consider relatives of the 44
– 21 –
- *AB387*
half blood equally with those of the whole blood. The court may 1
consider relatives in the following order of preference: 2
(1) Parent. 3
(2) Adult sibling. 4
(3) Grandparent. 5
(4) Uncle or aunt. 6
(d) Any recommendation made by a master of the court or 7
special master pursuant to NRS 159A.0615. 8
(e)] (d) Any recommendation made by: 9
(1) An agency which provides child welfare services, an 10
agency which provides child protective services or a similar agency; 11
or 12
(2) A guardian ad litem or court appointed special advocate 13
who represents the proposed protected minor. 14
[(f)] (e) Any request for the appointment of any other interested 15
person that the court deems appropriate. 16
[7.] 9. The court may award temporary guardianship pursuant 17
to this section, supported by findings of suitability, pending a trial or 18
evidentiary hearing if that appointment is supported by findings. 19
[8.] 10. Notwithstanding the presumption set forth in 20
subsection [4,] 2, in the event of competing petitions for the 21
appointment of guardianship of a proposed protected minor, any 22
finding of unsuitability of a parent of the proposed protected minor 23
must be found by clear and convincing evidence after a hearing on 24
the merits or an evidentiary hearing. 25
[9.] 11. In determining whether to appoint a guardian of the 26
person or estate of a proposed protected minor and who should be 27
appointed, the court must always act in the best interests of the 28
proposed protected minor. 29
[10.] 12. A court shall not refuse to appoint a person as a 30
guardian of the person or estate of a proposed protected minor solely 31
because the person: 32
(a) Is deaf, is blind or has another physical disability; or 33
(b) Is the holder of a valid registry identification card. 34
[11.] 13. As used in this section: 35
(a) [“Agency which provides child welfare services” has the 36
meaning ascribed to it in NRS 432B.030. 37
(b)] “Blind” has the meaning ascribed to it in NRS 426.082. 38
[(c)] (b) “Holder of a valid registry identification card” means a 39
person who holds a valid registry identification card as defined in 40
NRS 678C.080 that identifies the person as: 41
(1) Exempt from state prosecution for engaging in the 42
medical use of cannabis; or 43
(2) A designated primary caregiver as defined in 44
NRS 678C.040. 45
– 22 –
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Sec. 19. NRS 159A.076 is hereby amended to read as follows: 1
159A.076 1. The court may grant a summary administration 2
if, at any time, it appears to the court that after payment of all claims 3
and expenses of the guardianship the value of the protected minor’s 4
property does not exceed $10,000. 5
2. If the court grants a summary administration, the court may: 6
(a) Authorize the guardian of the estate who is authorized to 7
manage the protected minor’s property to convert the property to 8
cash and sell any of the property, with or without notice, as the court 9
may direct. After the payment of all claims and the expenses of the 10
guardianship, the guardian shall [deposit the money in savings 11
accounts or] invest the money as provided in NRS 159A.117, and 12
hold the investment and all interest, issues, dividends and profits for 13
the benefit of the protected minor. The court may dispense with 14
annual accountings and all other proceedings required by this 15
chapter. 16
(b) Terminate the guardianship of the estate and direct the 17
guardian to deliver the protected minor’s property to the custodial 18
parent or parents, guardian or custodian of the protected minor to 19
hold, invest or use as the court may order. 20
3. Whether the court grants a summary administration at the 21
time the guardianship is established or at any other time, the 22
guardian shall file an inventory and record of value with the court. 23
4. If, at any time, the net value of the estate of the protected 24
minor exceeds $10,000: 25
(a) The guardian shall file an amended inventory and accounting 26
with the court; 27
(b) The guardian shall file annual accountings; and 28
(c) The court [may] shall require the guardian to place the 29
entire value of the estate in a blocked account, unless the guardian 30
is a private professional guardian or a public guardian, in which 31
case the court may require the guardian to post a bond. 32
Sec. 20. NRS 159A.079 is hereby amended to read as follows: 33
159A.079 1. Except as otherwise ordered by the court, a 34
guardian of the person has the care, custody and control of the 35
person of the protected minor, and has the authority and, subject to 36
subsection 2, shall perform the duties necessary for the proper care, 37
maintenance, education and support of the protected minor, 38
including, without limitation, the following: 39
(a) Supplying the protected minor with food, clothing, shelter 40
and all incidental necessaries, including locating an appropriate 41
residence for the protected minor based on the financial situation 42
and needs of the protected minor, including, without limitation, any 43
medical needs or needs relating to his or her care. 44
– 23 –
- *AB387*
(b) Taking reasonable care of any clothing, furniture, vehicles 1
and other personal effects of the protected minor and commencing a 2
proceeding if any property of the protected minor is in need of 3
protection. 4
(c) Authorizing medical, surgical, dental, psychiatric, 5
psychological, hygienic or other remedial care and treatment for the 6
protected minor. 7
(d) Seeing that the protected minor is properly trained and 8
educated and that the protected minor has the opportunity to learn a 9
trade, occupation or profession. 10
(e) Ensuring that the protected minor maintains a relationship 11
with each parent of the protected minor in a manner that complies 12
with an order relating to custody or visitation. 13
2. In the performance of the duties enumerated in subsection 1 14
by a guardian of the person, due regard must be given to the extent 15
of the estate of the protected minor. A guardian of the person may 16
be required to incur expenses on behalf of the protected minor if the 17
estate of the protected minor is insufficient to reimburse the 18
guardian. 19
3. A guardian of the person is the protected minor’s personal 20
representative for purposes of the Health Insurance Portability and 21
Accountability Act of 1996, Public Law 104-191, and any 22
applicable regulations. The guardian of the person has authority to 23
obtain information from any government agency, medical provider, 24
business, creditor or third party who may have information 25
pertaining to the protected minor’s health care or health insurance. 26
4. A guardian of the person may, subject to the provisions of 27
subsection 6 and NRS 159A.0807, establish and change the 28
residence of the protected minor at any place within this State. The 29
guardian shall select the least restrictive appropriate residence which 30
is available and necessary to meet the needs of the protected minor 31
and which is financially feasible. 32
5. A guardian of the person shall petition the court for an order 33
authorizing the guardian to change the residence of the protected 34
minor to a location outside of this State. The guardian must show 35
that changing the residence of the protected minor to a location 36
outside of this State is in the best interest of the protected minor or 37
that there is no appropriate residence available for the protected 38
minor in this State. The court shall retain jurisdiction over 39
the guardianship unless the guardian files for termination of the 40
guardianship pursuant to NRS 159A.1905 or 159A.191 or the 41
jurisdiction of the guardianship is transferred to the other state. Not 42
later than 6 months after changing the residence of a protected 43
minor to a location outside of this State, the guardian shall file a 44
– 24 –
- *AB387*
petition for guardianship in the state of the protected minor’s 1
residence. 2
6. A guardian of the person must file a notice with the court of 3
his or her intent to move a protected minor to or place a protected 4
minor in a facility that provides residential treatment, including, 5
without limitation, a secured residential long-term care facility , 6
pursuant to subsection 4 of NRS 159A.0807 unless : [the secured 7
residential long-term care facility is in this State and:] 8
(a) An emergency condition exists pursuant to subsection 5 of 9
NRS 159A.0807; 10
(b) The court has previously granted the guardian authority to 11
move the protected minor to or place the protected minor in such a 12
facility based on findings made when the court appointed the 13
guardian; or 14
(c) The move or placement is made pursuant to a written 15
recommendation by a licensed physician, [a physician employed by 16
the Department of Veterans Affairs,] a licensed social worker or an 17
employee of a county or state office for protective services. 18
7. This section does not relieve a parent or other person of any 19
duty required by law to provide for the care, support and 20
maintenance of any dependent. 21
Sec. 21. NRS 159A.0807 is hereby amended to read as 22
follows: 23
159A.0807 1. Every protected minor has the right, if 24
possible, to: 25
(a) Have his or her preferences followed; and 26
(b) Age in his or her own surroundings or, if not possible, in the 27
least restrictive environment suitable to his or her unique needs and 28
abilities. 29
2. Except as otherwise provided in subsection 5, a proposed 30
protected minor must not be moved until a guardian is appointed. 31
3. Except as otherwise provided in this section and subsections 32
5 and 6 of NRS 159A.079, the guardian shall notify all interested 33
persons in accordance with subsection 4 before the protected minor: 34
(a) Is admitted to a facility that provides residential treatment, 35
including, without limitation, a secured residential long-term care 36
facility; 37
(b) Changes his or her residence, including, without limitation, 38
to or from one [secured] facility that provides residential [long-term 39
care facility] treatment to another; or 40
(c) Will reside at a location other than his or her residence for 41
more than 3 days. 42
4. Except as otherwise provided in this section and subsections 43
5 and 6 of NRS 159A.079, a guardian shall file with the court a 44
notice of his or her intent to move the protected minor and shall 45
– 25 –
- *AB387*
serve notice upon all interested persons not less than 10 days before 1
moving the protected minor. If no objection to the move is received 2
from any interested person within 10 days after receiving the notice, 3
the guardian may move the protected minor without court 4
permission. 5
5. If an emergency condition exists, including, without 6
limitation, the health or safety of the protected minor is at risk of 7
imminent harm or the protected minor has been hospitalized and 8
will be unable to return to his or her residence for a period of more 9
than 24 hours, the guardian may take any temporary action needed 10
without the permission of the court and shall file notice with the 11
court and serve notice upon all interested persons as soon as 12
practicable after taking such action. 13
6. Except as otherwise provided in this subsection, any notice 14
provided to a court, an interested person or person of natural 15
affection pursuant to this section or NRS 159A.0809 must include 16
the current location of the protected minor. The guardian shall not 17
provide any contact information to an interested person or person of 18
natural affection if an order of protection has been issued against the 19
interested person or person of natural affection on behalf of the 20
protected minor. 21
7. A guardian is not required to provide notice to an interested 22
person or person of natural affection in accordance with this section 23
or NRS 159A.0809 if: 24
(a) The interested person or person of natural affection informs 25
the guardian in writing that the person does not wish to receive such 26
notice; or 27
(b) The protected minor or a court order has expressly 28
prohibited the guardian from providing notice to the interested 29
person or person of natural affection. 30
Sec. 22. NRS 159A.0809 is hereby amended to read as 31
follows: 32
159A.0809 1. Except as otherwise provided in NRS 33
159A.0807, a guardian shall immediately notify all interested 34
persons and persons of natural affection: 35
(a) If the guardian reasonably believes that the death of the 36
protected minor is likely to occur within the next 30 days and such 37
belief is based on information from a psychologist, physician or 38
other health care provider of the protected minor or a person 39
otherwise qualified to provide such a medical opinion, including, 40
without limitation, a health care provider employed by a hospice or 41
by a hospital . [of the Department of Veterans Affairs.] 42
(b) Upon the death of the protected minor. 43
(c) Upon obtaining any information relating to the burial or 44
cremation of the protected minor. 45
– 26 –
- *AB387*
2. The guardian shall provide notification pursuant to 1
paragraph (b) of subsection 1: 2
(a) In person or by telephone to the family members of the 3
protected minor or, if the protected minor does not have any family 4
members or does not have a relationship with any family members, 5
the person of natural affection designated to receive such 6
notification; 7
(b) By electronic communication to any family member of the 8
protected minor or person of natural affection who has opted to 9
receive notification by electronic communication; and 10
(c) In writing to all other interested persons and persons of 11
natural affection not given notice pursuant to paragraph (a) or (b). 12
Sec. 23. NRS 159A.081 is hereby amended to read as follows: 13
159A.081 1. A guardian of the person shall make and file in 14
the guardianship proceeding for review of the court a written report 15
on the condition of the protected minor and the exercise of authority 16
and performance of duties by the guardian: 17
(a) Annually, not later than 60 days after the anniversary date of 18
the appointment of the guardian; 19
(b) Within 10 days after changing the residence of a protected 20
minor; and 21
(c) At such other times as the court may order. 22
2. A report filed pursuant to paragraph (b) of subsection 1 23
must: 24
(a) Include a copy of the written recommendation upon which 25
the transfer was made; and 26
(b) Be served, without limitation, on the protected minor and 27
any attorney for the protected minor. 28
3. The court may prescribe the form and contents for filing a 29
report described in subsection 1. Such a report must include, without 30
limitation: 31
(a) The physical condition of the protected minor; 32
(b) The place of residence of the protected minor; 33
(c) The name of all other persons living with the protected 34
minor unless the protected minor is residing at a secured residential 35
long-term care facility, group home, supportive living facility, 36
assisted living facility or other facility for long-term care; [and] 37
(d) The frequency of visitation between the protected minor 38
and any parent of the protected minor; and 39
(e) Any other information required by the court. 40
4. The guardian of the person shall give to the guardian of the 41
estate, if any, a copy of each report not later than 30 days after the 42
date the report is filed with the court. 43
5. The court is not required to hold a hearing or enter an order 44
regarding the report. 45
– 27 –
- *AB387*
6. As used in this section, “facility for long-term care” has the 1
meaning ascribed to it in NRS 427A.028. 2
Sec. 24. NRS 159A.083 is hereby amended to read as follows: 3
159A.083 1. A guardian of the estate shall: 4
[1.] (a) Protect, preserve, manage and dispose of the estate of 5
the protected minor according to law and for the best interests of the 6
protected minor [.] ; 7
(b) Responsibly invest the property of the protected minor 8
pursuant to NRS 159A.117; 9
(c) File an annual accounting pursuant to NRS 159A.176 to 10
159A.183, inclusive; and 11
(d) Take any other action authorized or required by law. 12
2. [Apply] Upon approval of the court, a guardian of the 13
estate may: 14
(a) Expend money from the estate of the protected minor [for 15
the proper care, maintenance, education and support of the protected 16
minor having due regard for other income or property available to 17
support] if it is necessary to meet any extraordinary needs of the 18
protected minor [. 19
3. Have such other authority and perform such other duties as 20
are provided by law.] , including, without limitation, through an 21
annual budget approved by the court pursuant to NRS 159A.0445; 22
(b) Manage any property right on behalf of the protected 23
minor; 24
(c) Establish: 25
(1) A special needs trust; 26
(2) A trust for the benefit of the protected minor which is 27
payable over the lifetime of the minor or over a reasonable shorter 28
period; and 29
(3) A structured settlement which is payable over the 30
lifetime of the protected minor or over a reasonable shorter period 31
of time; and 32
(d) Invest money, including, without limitation, with the 33
assistance of a financial advisor, for the purposes of growing the 34
estate of the protected minor, as appropriate given the age and 35
needs of the minor and the size of the estate. 36
3. As used in this section: 37
(a) “Estate of the protected minor” does not include any 38
payment assigned to a guardian for the support of the protected 39
minor, including, without limitation, child support payments that 40
are processed pursuant to Part D of Title IV of the Social Security 41
Act, 42 U.S.C. §§ 651 et seq., and any supplemental security 42
income benefit. 43
(b) “Special needs trust” has the meaning ascribed to it in 44
NRS 163.556. 45
– 28 –
- *AB387*
(c) “Structured settlement” has the meaning ascribed to it in 1
NRS 42.275. 2
Sec. 25. NRS 159A.085 is hereby amended to read as follows: 3
159A.085 1. Not later than 60 days after the date of the 4
appointment of a guardian of the estate or, if necessary, such further 5
time as the court may allow, the guardian shall make and file in the 6
guardianship proceeding a verified inventory of all of the property 7
of the protected minor which comes to the possession or knowledge 8
of the guardian, including, without limitation, the existence of any 9
trust of which the protected minor is currently a beneficiary who is 10
receiving or is entitled to receive distributions. 11
2. A temporary guardian of the estate shall file an inventory 12
with the court by not later than the date on which the temporary 13
guardian files a final accounting as required pursuant to 14
NRS 159A.177. 15
3. The guardian shall take and subscribe an oath, which must 16
be endorsed or attached to the inventory, before any person 17
authorized to administer oaths, that the inventory contains a true 18
statement of: 19
(a) All of the estate of the protected minor which has come into 20
the possession of the guardian; 21
(b) All of the money that belongs to the protected minor; and 22
(c) All of the just claims of the protected minor against the 23
guardian. 24
4. A copy of the inventory filed with the court and a notice of 25
the filing must be served on the protected minor, his or her attorney 26
and any guardian ad litem representing the protected minor. 27
5. Whenever any property of the protected minor not 28
mentioned in the inventory comes to the possession or knowledge of 29
a guardian of the estate, the guardian shall: 30
(a) Make and file in the proceeding a verified supplemental 31
inventory not later than 30 days after the date the property comes to 32
the possession or knowledge of the guardian; or 33
(b) Include the property in the next accounting. 34
6. The court may order which of the two methods described in 35
subsection 5 the guardian shall follow. 36
7. [The court may order all or any part of the property of the 37
protected minor appraised as provided in NRS 159A.0865 and 38
159A.305. 39
8.] If the guardian neglects or refuses to file the inventory 40
within the time required pursuant to subsection 1, the court may, for 41
good cause shown and upon such notice as the court deems 42
appropriate: 43
– 29 –
- *AB387*
(a) Revoke the letters of guardianship and the guardian is liable 1
[on the bond] for any loss or injury to the estate caused by the 2
neglect of the guardian; or 3
(b) Enter a judgment for any loss or injury to the estate caused 4
by the neglect of the guardian. 5
Sec. 26. NRS 159A.103 is hereby amended to read as follows: 6
159A.103 A guardian of the estate shall pay from the 7
guardianship estate [pursuant to NRS 159A.105, 159A.107 and 8
159A.109] all just claims against the protected minor, the estate or 9
the guardian as such, [whether accruing before or after the 10
appointment of the guardian and whether arising in contract, in tort 11
or otherwise.] in the same manner as prescribed by chapter 159 of 12
NRS for the payment of claims by the guardian of the estate of a 13
protected person. 14
Sec. 27. NRS 159A.112 is hereby amended to read as follows: 15
159A.112 1. If a guardian of the estate has not been 16
appointed, a guardian of the person may: 17
(a) Institute proceedings to compel any person under a duty to 18
support the protected minor or to pay for the welfare of the 19
protected minor to perform that duty; and 20
(b) Receive money and tangible property deliverable to the 21
protected minor . [and apply such money and property for the 22
support, care and education of the protected minor. The] 23
2. A guardian shall not use any money from the estate of the 24
protected minor to cover the cost of any [room] : 25
(a) Room and board that the guardian or the spouse, parent or 26
child of the guardian furnishes to the protected minor [unless a 27
charge for the service is approved by a court order, after notice to at 28
least one adult relative in the nearest degree of consanguinity to the 29
protected minor in which there is an adult.] ; or 30
(b) Any care, maintenance, education or support for the 31
protected minor, unless approved by the court upon a showing that 32
the expenditure is necessary to meet an extraordinary need of the 33
protected minor. 34
3. The guardian shall exercise care to conserve any [excess] 35
money [for the needs] of the protected minor. 36
[2. If a guardian of the estate has been appointed, any money 37
received by the guardian of the person that is in excess of the money 38
expended to pay for the support, care and education of the protected 39
minor must be paid to the guardian of the estate for management of 40
the estate. The guardian of the person shall account to the guardian 41
of the estate for any money expended. 42
3. A guardian of the person of a protected minor for whom a 43
guardian of the estate also has been appointed may receive 44
reasonable sums for any room and board furnished to the protected 45
– 30 –
- *AB387*
minor if the guardian of the person presents a claim to the guardian 1
of the estate pursuant to NRS 159A.107 and 159A.109. 2
4. A guardian of the person may request the guardian of the 3
estate to make a payment from the estate of the protected minor to 4
another person or entity for the care and maintenance of the 5
protected minor in accordance with NRS 159A.107 and 159A.109.] 6
Sec. 28. NRS 159A.113 is hereby amended to read as follows: 7
159A.113 1. Before taking any of the following actions, the 8
guardian of the estate shall petition the court for an order 9
authorizing the guardian to: 10
(a) Invest the property of the protected minor pursuant to 11
NRS 159A.117. 12
(b) [Borrow money for the protected minor pursuant to 13
NRS 159A.121. 14
(c) Except as otherwise provided in NRS 159A.079, enter into 15
contracts for the protected minor or complete the performance of 16
contracts of the protected minor pursuant to NRS 159A.123. 17
(d) Make gifts from the protected minor’s estate pursuant to 18
NRS 159A.125. 19
(e)] Sell, lease or place in trust any property of the protected 20
minor pursuant to NRS 159A.127. 21
[(f)] (c) Exchange or partition the protected minor’s property 22
pursuant to NRS 159A.175. 23
[(g)] (d) Exercise or release the power of the protected minor as 24
a donee of a power of appointment. 25
[(h)] (e) Exercise the right of the protected minor to take under 26
or against a will. 27
[(i)] (f) Transfer to a trust created by the protected minor any 28
property unintentionally omitted from the trust. 29
[(j)] (g) Submit a revocable trust or an irrevocable trust to the 30
jurisdiction of the court if: 31
(1) The protected minor is the grantor and sole beneficiary of 32
the income of the trust; or 33
(2) The trust was created by the court. 34
[(k)] (h) Pay any claim by the Department of Health and 35
Human Services to recover benefits for Medicaid correctly paid to 36
or on behalf of the protected minor. 37
[(l)] (i) Transfer money in a protected minor’s blocked account 38
to the Nevada Higher Education Prepaid Tuition Trust Fund created 39
pursuant to NRS 353B.140. 40
2. Before taking any of the following actions, unless the 41
guardian has been otherwise ordered by the court to petition the 42
court for permission to take specified actions or make specified 43
decisions in addition to those described in subsection 1, the guardian 44
may petition the court for an order authorizing the guardian to: 45
– 31 –
- *AB387*
(a) Obtain advice, instructions and approval of any other 1
proposed act of the guardian relating to the protected minor’s 2
property. 3
(b) Take any other action which the guardian deems would be in 4
the best interests of the protected minor. 5
3. The petition must be signed by the guardian and contain: 6
(a) The name, age, residence and address of the protected minor. 7
(b) A concise statement as to the condition of the protected 8
minor’s estate. 9
(c) A concise statement as to the advantage to the protected 10
minor of or the necessity for the proposed action. 11
(d) The terms and conditions of any proposed sale, lease, 12
partition, trust, exchange or investment, and a specific description of 13
any property involved. 14
4. Any of the matters set forth in subsection 1 may be 15
consolidated in one petition, and the court may enter one order 16
authorizing or directing the guardian to do one or more of those acts. 17
[5. A petition filed pursuant to paragraph (c) of subsection 1 18
may be consolidated in and filed with the petition for the 19
appointment of the guardian, and if the guardian is appointed, the 20
court may enter additional orders authorizing the guardian to enter 21
contracts for the protected minor or complete contracts of the 22
protected minor.] 23
Sec. 29. NRS 159A.117 is hereby amended to read as follows: 24
159A.117 1. Upon approval of the court by order, a guardian 25
of the estate may: 26
(a) Invest the property of the protected minor, make loans and 27
accept security therefor, in the manner and to the extent authorized 28
by the court. 29
(b) Exercise options of the protected minor to purchase or 30
exchange securities or other property. 31
2. [A guardian of the estate may, without securing the prior 32
approval of the court, invest the property of the protected minor in 33
the following: 34
(a) Savings accounts in any bank, credit union, savings and loan 35
association or savings bank in this State, to the extent that the 36
deposits are insured by the Federal Deposit Insurance Corporation, 37
the National Credit Union Share Insurance Fund or a private insurer 38
approved pursuant to NRS 672.755. 39
(b) Interest-bearing obligations of or fully guaranteed by the 40
United States. 41
(c) Interest-bearing obligations of the United States Postal 42
Service. 43
(d) Interest-bearing obligations of the Federal National 44
Mortgage Association. 45
– 32 –
- *AB387*
(e) Interest-bearing general obligations of this State. 1
(f) Interest-bearing general obligations of any county, city or 2
school district of this State. 3
(g) Money market mutual funds which are invested only in those 4
instruments listed in paragraphs (a) to (f), inclusive. 5
3. A guardian of the estate for two or more protected persons 6
may invest the property of two or more of the protected persons in 7
property in which each protected person whose property is so 8
invested has an undivided interest. The guardian shall keep a 9
separate record showing the interest of each protected person in the 10
investment and in the income, profits or proceeds therefrom. 11
4.] A guardian of the estate may access or manage a 12
guardianship account via the Internet on a secured website 13
established by the bank, credit union or broker holding the account. 14
Sec. 30. NRS 159A.127 is hereby amended to read as follows: 15
159A.127 A guardian of the estate, with prior approval of the 16
court by order, may sell, lease or place in trust any of the property of 17
the protected minor: 18
1. For the purpose of paying claims against the protected minor 19
[,] or the [guardianship] estate . [or the guardian of the estate.] 20
2. For the purpose of providing for the proper care, 21
maintenance, education and support of the protected minor. 22
3. For the purpose of investing the proceeds. 23
4. To obtain income through rentals or royalties. 24
5. For any other purpose that is in the best interests of the 25
protected minor. 26
Sec. 31. NRS 159A.183 is hereby amended to read as follows: 27
159A.183 [1.] Subject to the discretion and approval of the 28
court [and except as otherwise provided in subsection 5,] a guardian 29
must be allowed [: 30
(a) Reasonable compensation for the guardian’s services; 31
(b) Necessary and reasonable expenses] to receive 32
reimbursement for: 33
1. Expenses incurred in exercising the authority and 34
performing the duties of a guardian; and 35
[(c) Reasonable expenses incurred in retaining accountants, 36
attorneys, appraisers or other professional services. 37
2. Reasonable compensation and services must be based upon 38
similar services performed for persons who are not under a legal 39
disability. In determining whether compensation is reasonable, the 40
court may consider: 41
(a) The nature of the guardianship; 42
(b) The type, duration and complexity of the services required; 43
and 44
(c) Any other relevant factors. 45
– 33 –
- *AB387*
3. In the absence of an order of the court pursuant to this 1
chapter shifting the responsibility of the payment of compensation 2
and expenses, the payment of compensation and expenses must be 3
paid from the estate of the protected minor. In evaluating the ability 4
of a protected minor to pay such compensation and expenses, the 5
court may consider: 6
(a) The nature, extent and liquidity of the protected minor’s 7
assets; 8
(b) The disposable net income of the protected minor; 9
(c) Any foreseeable expenses; and 10
(d) Any other factors that are relevant to the duties of the 11
guardian pursuant to NRS 159A.079 or 159A.083. 12
4. Any compensation or expenses, including, without 13
limitation, attorney’s fees, must not be paid from the estate of the 14
protected minor unless and until the payment of such fees is 15
approved by the court pursuant to this section or NRS 159A.344, as 16
applicable. 17
5. A guardian is not allowed compensation or expenses, 18
including, without limitation, attorney’s fees, for services incurred 19
by the guardian as a result of a petition to have him or her removed 20
as guardian if the court removes the guardian.] 21
2. Other actual costs of preserving and growing the estate if 22
the expenses are necessary to meet an extraordinary need of the 23
protected minor. 24
Sec. 32. NRS 159A.1852 is hereby amended to read as 25
follows: 26
159A.1852 A guardian who, after appointment: 27
1. Is convicted of a gross misdemeanor or felony in any state; 28
2. Files for or receives protection as an individual or as a 29
principal of any entity under the federal bankruptcy laws [;] , if 30
appointed guardian of the estate or guardian of the person and 31
estate; 32
3. [Has a driver’s license suspended, revoked or cancelled for 33
nonpayment of child support; 34
4.] Is suspended for misconduct or disbarred from [: 35
(a) The practice of law; 36
(b) The practice of accounting; or 37
(c) Any other profession] any professional practice which [: 38
(1) Involves or] may involve the management or sale of 39
money, investments, securities or real property [; or 40
(2) Requires licensure in this State or any other state; or 41
5. Has a judgment entered against him or her for 42
misappropriation of funds or assets from any person or entity in any 43
state,] , if appointed guardian of the estate or guardian of the 44
person and estate; or 45
– 34 –
- *AB387*
4. Is being investigated for child abuse or neglect by an 1
agency which provides child welfare services, 2
shall immediately inform the court of the circumstances of those 3
events. The court may remove the guardian and appoint a successor 4
guardian, unless the court finds that it is in the best interest of the 5
protected minor to allow the guardian to continue in his or her 6
appointment. 7
Sec. 33. NRS 159A.1853 is hereby amended to read as 8
follows: 9
159A.1853 1. The following persons may petition the court 10
to have a guardian removed: 11
(a) The protected minor; 12
(b) Any relative who is within the second degree of 13
consanguinity to the protected minor; 14
(c) [A public guardian; or] Any attorney of the protected minor; 15
(d) An agency which provides child welfare services; or 16
(e) Any other interested person. 17
2. The petition must: 18
(a) State with particularity the reasons for removing the 19
guardian; and 20
(b) Show cause for the removal. 21
3. If the court denies the petition for removal, the petitioner 22
shall not file a subsequent petition unless a material change of 23
circumstances warrants a subsequent petition. 24
4. If the court finds that the petitioner did not file a petition for 25
removal in good faith or in furtherance of the best interests of the 26
protected minor, the court may [: 27
(a) Disallow the petitioner from petitioning the court for 28
attorney’s fees from the estate of the protected minor; and 29
(b) Impose] impose sanctions on the petitioner . [in an amount 30
sufficient to reimburse the estate of the protected minor for all or 31
part of the expenses incurred by the estate of the protected minor in 32
responding to the petition and for any other pecuniary losses which 33
are associated with the petition.] 34
Sec. 34. NRS 159A.187 is hereby amended to read as follows: 35
159A.187 1. When a guardian dies or is removed by order of 36
the court, the court, upon the court’s own motion or upon a petition 37
filed by any interested person, may appoint another guardian in the 38
same manner and subject to the same requirements as are provided 39
by law for an original appointment of a guardian. 40
2. If a guardian of the person is appointed for a protected minor 41
pursuant to this section, the protected minor must be served with the 42
petition. If the protected minor does not object to the appointment, 43
the protected minor is not required to attend the hearing. 44
– 35 –
- *AB387*
3. If a guardian dies or is removed by order of the court and 1
there is not a legally qualified guardian or temporary substitute 2
guardian who is willing to serve, the court shall notify an agency 3
which provides child welfare services concerning the matter. 4
Sec. 35. NRS 159A.1905 is hereby amended to read as 5
follows: 6
159A.1905 1. A protected minor, the guardian or another 7
person may petition the court for the termination or modification of 8
a guardianship. The petition must state or contain: 9
(a) The name and address of the petitioner. 10
(b) The relationship of the petitioner to the protected minor. 11
(c) The name, age and address of the protected minor, if the 12
protected minor is not the petitioner, or the date of death of the 13
protected minor if the protected minor is deceased. 14
(d) The name and address of the guardian, if the guardian is not 15
the petitioner. 16
(e) The reason for termination or modification. 17
(f) Whether the termination or modification is sought for a 18
guardianship of the person, of the estate, or of the person and estate. 19
(g) A general description and the value of the remaining 20
property of the protected minor and the proposed disposition of that 21
property. 22
2. Upon the filing of the petition, the court shall appoint an 23
attorney to represent the protected minor if: 24
(a) The protected minor is unable to retain an attorney; [or] and 25
(b) The court determines that the appointment is necessary to 26
protect the interests of the protected minor. 27
3. The petitioner has the burden of proof to show by clear and 28
convincing evidence that the termination or modification of the 29
guardianship of the person, of the estate, or of the person and estate 30
is in the best interests of the protected minor. 31
4. The court shall issue a citation requiring all interested 32
persons to appear and show cause why termination or modification 33
of the guardianship should not be granted. The court shall serve the 34
citation on the guardian and the petitioner. The petitioner shall serve 35
the citation on all interested persons. 36
5. If the court finds that the petitioner did not file a petition for 37
termination or modification in good faith or in furtherance of the 38
best interests of the protected minor, the court may [: 39
(a) Disallow the petitioner from petitioning the court for 40
attorney’s fees from the estate of the protected minor; and 41
(b) Impose] impose sanctions on the petitioner in an amount 42
sufficient to reimburse the estate of the protected minor for all or 43
part of the expenses and for any other pecuniary losses which are 44
– 36 –
- *AB387*
incurred by the estate of the protected minor and associated with the 1
petition. 2
Sec. 36. NRS 159A.191 is hereby amended to read as follows: 3
159A.191 1. A guardianship of the person, of the estate, or of 4
the person and estate is terminated: 5
(a) By the death of the protected minor; 6
(b) Upon the protected minor’s change of domicile to a place 7
outside this State and the transfer of jurisdiction to the court having 8
jurisdiction in the new domicile; 9
(c) Upon order of the court, if the court determines that the 10
guardianship no longer is necessary; 11
(d) On the date on which the protected minor reaches 18 years 12
of age; or 13
(e) On the date on which the protected minor graduates from 14
high school or becomes 19 years of age, whichever occurs sooner, 15
if: 16
(1) The protected minor will be older than 18 years of age 17
upon graduation from high school; and 18
(2) The protected minor and the guardian consent to continue 19
the guardianship and the consent is filed with the court at least 14 20
days before the date on which the protected minor will become 18 21
years of age. 22
2. A guardianship of the estate is terminated: 23
(a) If the court removes the guardian or accepts the resignation 24
of the guardian and does not appoint a successor guardian; 25
(b) If the court determines that the guardianship is not necessary 26
and orders the guardianship terminated; or 27
(c) By the death of the protected minor, subject to the provisions 28
of NRS 159A.193. 29
3. If the guardianship is of the person and estate, the court may 30
order the guardianship terminated as to the person, the estate, or the 31
person and estate. 32
4. The guardian shall notify the court, all interested parties, the 33
trustee, and the named executor or appointed personal representative 34
of the estate of the protected minor of the death of the protected 35
minor within 30 days after the death. 36
5. Immediately upon the death or emancipation of the protected 37
minor: 38
(a) The guardian of the estate shall have no authority to act for 39
the protected minor except to wind up the affairs of the guardianship 40
pursuant to NRS 159A.193 ; [, and to distribute the property of the 41
protected minor as provided in NRS 159A.195 and 159A.197;] and 42
(b) No person has standing to file a petition pursuant to 43
NRS 159A.078. 44
– 37 –
- *AB387*
6. A hearing may be held not later than 90 days before a 1
protected minor reaches the age of majority to determine whether: 2
(a) Guardianship is needed beyond the age of majority; 3
(b) The protected minor desires an additional year of 4
guardianship beyond the age of majority; and 5
(c) The guardian should be notified of any requirements of the 6
guardianship which require compliance before termination of the 7
guardianship. 8
7. If, at a hearing conducted pursuant to subsection 6, a court 9
makes a determination that, upon reaching the age of majority, a 10
protected minor would be deemed incapacitated, as defined in NRS 11
159.019, a petition may be filed in accordance with the provisions of 12
chapter 159 of NRS to seek guardianship for the protected minor 13
pursuant to that chapter to take effect when the protected minor 14
reaches the age of majority. The protected minor has the right to be 15
represented by counsel if guardianship is sought pursuant to this 16
subsection. 17
Sec. 37. NRS 159A.1915 is hereby amended to read as 18
follows: 19
159A.1915 [1.] If, before a protected minor is emancipated, a 20
parent of the protected minor petitions the court for the termination 21
of a guardianship of the protected minor, the [parent has the burden 22
of proof to show by clear and convincing evidence that: 23
(a)] court shall consider whether: 24
1. There has been a material change of circumstances since the 25
time the guardianship was created [. The parent must show that, as 26
part of the change of circumstances, the] ; 27
2. The parent has been restored to suitability as described in 28
NRS 159A.061 [. 29
(b) Except as otherwise provided in subsection 2, the welfare of 30
the protected minor would be substantially enhanced by the] ; and 31
3. The termination of the guardianship [and the placement of] 32
is in the best interests of the protected minor . [with the parent. 33
2. If the parent consented to the guardianship when it was 34
created, the parent is required to make only that showing set forth in 35
paragraph (a) of subsection 1.] 36
Sec. 38. NRS 159A.315 is hereby amended to read as follows: 37
159A.315 1. If the court finds, after examination of a person 38
cited pursuant to NRS 159A.305, that the person has committed an 39
act: 40
(a) Set forth in paragraph (a) of subsection 1 of NRS 159A.305, 41
the court may order the person to return the asset or the value of the 42
asset to the guardian of the estate; or 43
(b) Set forth in paragraph (b) of subsection 1 of NRS 159A.305, 44
the court may order the person to return the asset or provide 45
– 38 –
- *AB387*
information concerning the location of the asset to the guardian of 1
the estate. 2
2. The court may hold a person who is cited pursuant to NRS 3
159A.305 in contempt of court and deal with the person accordingly 4
if the person: 5
(a) Refuses to appear and submit to examination or to testify 6
regarding the matter complained of in the petition; or 7
(b) Fails to comply with an order of the court issued pursuant to 8
subsection 1. 9
3. An order of the court pursuant to subsection 1 is prima facie 10
evidence of the right of the proposed protected minor or the estate of 11
the protected minor to the asset described in the order in any action 12
that may be brought for the recovery thereof, and any judgment 13
recovered therein must be double the value of the asset, and 14
damages in addition thereof equal to the value of such property. 15
4. If the person who is cited pursuant to NRS 159A.305 16
appears and, upon consideration of the petition, the court finds that 17
the person is not liable or responsible to the proposed protected 18
minor or the estate of the protected minor, the court may order [: 19
(a) The proposed protected minor or the estate of the protected 20
minor to pay the attorney’s fees and costs of the respondent; or 21
(b) If the court finds that the petitioner unnecessarily or 22
unreasonably filed the petition,] the petitioner personally to pay the 23
attorney’s fees and costs of the respondent. 24
Sec. 39. NRS 159A.344 is hereby amended to read as follows: 25
159A.344 1. Any person, including, without limitation, a 26
guardian or proposed guardian, who retains an attorney for the 27
purposes of representing a party in a guardianship proceeding is 28
personally liable for any attorney’s fees and costs incurred as a 29
result of such representation. 30
2. Notwithstanding the provisions of subsection 1 , [and except 31
as otherwise provided in subsection 5 of NRS 159A.183,] a person 32
who is personally liable for attorney’s fees and costs may petition 33
the court for an order authorizing such attorney’s fees and costs to 34
be paid from the estate of the protected minor in accordance with 35
this section. Any such attorney’s fees and costs must not be paid 36
from the guardianship estate unless and until the court authorizes the 37
payment pursuant to this section. 38
3. When a person who intends to petition the court for payment 39
of attorney’s fees and costs from the guardianship estate first 40
appears in the guardianship proceeding, the person must file written 41
notice of his or her intent to seek payment of attorney’s fees and 42
costs from the guardianship estate. The written notice: 43
(a) Must provide a general explanation of the compensation 44
arrangement and how compensation will be computed; 45
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(b) Must include the hourly billing rates of all timekeepers, 1
including, without limitation, attorneys, law clerks and paralegals; 2
(c) Must provide a general explanation of the reasons why the 3
services of the attorney are necessary to further the best interests of 4
the protected minor; 5
(d) Must be served by the person on all persons entitled to notice 6
pursuant to NRS 159A.034 and 159A.047; and 7
(e) Is subject to approval by the court after a hearing. 8
4. If written notice was filed and approved by the court 9
pursuant to subsection 3, a person may file with the court a petition 10
requesting payment of attorney’s fees and costs from the 11
guardianship estate. Such a petition must include the following 12
information: 13
(a) A detailed statement as to the nature and extent of the 14
services performed by the attorney; 15
(b) An itemization of each task performed by the attorney, with 16
reference to the time spent on each task in an increment to the 17
nearest one-tenth of an hour and with no minimum billing unit in 18
excess of one-tenth of an hour; 19
(c) An indication of whether any time billed, including, without 20
limitation, any time spent traveling or waiting, benefited any clients 21
of the attorney other than the protected minor and, if so, how many 22
other clients benefited from such time; and 23
(d) Any other information considered relevant to a 24
determination of whether attorney’s fees are just, reasonable and 25
necessary. 26
Absent approval from all parties who have appeared in the 27
proceeding, any supplemental requests for the payment of attorney’s 28
fees and costs cannot be augmented in open court and must be 29
properly noticed in the same manner as the underlying petition 30
requesting payment. 31
5. In determining whether attorney’s fees are just, reasonable 32
and necessary, the court may consider all the following factors: 33
(a) The written notice approved by the court pursuant to 34
subsection 3. 35
(b) Whether the services conferred any actual benefit upon the 36
protected minor or attempted to advance the best interests of the 37
protected minor. 38
(c) The qualities of the attorney, including, without limitation, 39
his or her ability, training, education, experience, professional 40
standing and skill. 41
(d) The character of the work performed, including, without 42
limitation, the difficulty, intricacy and importance of the work, the 43
time and skill required to complete the work, the responsibility 44
imposed and the nature of the proceedings. 45
– 40 –
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(e) The work actually performed by the attorney, including, 1
without limitation, the skill, time and attention given to the work. 2
(f) The result of the work, including, without limitation, whether 3
the attorney was successful and any benefits that were derived. 4
(g) The usual and customary fees charged in the relevant 5
professional communities for each task performed, regardless of 6
who actually performed the task. The court may only award: 7
(1) Compensation at an attorney rate for time spent 8
performing services that require an attorney; 9
(2) Compensation at a paralegal rate for time spent 10
performing paralegal services; 11
(3) Compensation at a fiduciary rate for time spent 12
performing fiduciary services; and 13
(4) No compensation for time spent performing secretarial or 14
clerical services. 15
(h) The appropriate apportionment among multiple clients of 16
any billed time that benefited multiple clients of the attorney. 17
(i) The extent to which the services were provided in a 18
reasonable, efficient and cost-effective manner, including, without 19
limitation, whether there was appropriate and prudent delegation of 20
services to others. 21
(j) The ability of the estate of the protected minor to pay, 22
including, without limitation: 23
(1) The value of the estate; 24
(2) The nature, extent and liquidity of the assets of the estate; 25
(3) The disposable net income of the estate; 26
(4) The anticipated future needs of the protected minor; and 27
(5) Any other foreseeable expenses. 28
(k) The efforts made by the person and attorney to reduce and 29
minimize any issues. 30
(l) Any actions by the person or attorney that unnecessarily 31
expanded issues or delayed or hindered the efficient administration 32
of the estate. 33
(m) Whether any actions taken by the person or attorney were 34
taken for the purpose of advancing or protecting the interests of the 35
person as opposed to the interests of the protected minor. 36
(n) Any other factor that is relevant in determining whether 37
attorney’s fees are just, reasonable and necessary, including, without 38
limitation, any other factor that is relevant in determining whether 39
the person was acting in good faith and was actually pursuing the 40
best interests of the protected minor. 41
6. The court shall not approve compensation for an attorney 42
for: 43
(a) Time spent on internal business activities of the attorney, 44
including, without limitation, clerical or secretarial support; or 45
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(b) Time reported as a total amount of time spent on multiple 1
tasks, rather than an itemization of the time spent on each task. 2
7. Any fees paid by a third party, including, without limitation, 3
a trust of which the estate is a beneficiary, must be disclosed to and 4
approved by the court. 5
8. In addition to any payment provided to a person pursuant to 6
this section for the services of an attorney, a person may receive 7
payment for ordinary costs and expenses incurred in the scope of the 8
attorney’s representation. 9
9. If two or more parties in a guardianship proceeding file 10
competing petitions for the appointment of a guardian or otherwise 11
litigate any contested issue in the guardianship proceeding, only the 12
prevailing party may petition the court for payment of attorney’s 13
fees and costs from the guardianship estate pursuant to this section. 14
If the court determines that there is no prevailing party, the court 15
may authorize a portion of each party’s attorney’s fees and costs to 16
be paid from the guardianship estate if the court determines that 17
such fees and costs are just, reasonable and necessary given the 18
nature of any issues in dispute. 19
10. If an attorney is appointed by the court in a guardianship 20
proceeding, he or she may petition the court for compensation for 21
his or her services from the guardianship estate in accordance with 22
the procedure set forth in this section. 23
Sec. 40. NRS 159A.346 is hereby amended to read as follows: 24
159A.346 1. If a guardian violates any right of a protected 25
minor that is set forth in this chapter, a court may take any 26
appropriate action, including, without limitation: 27
(a) Issuing an order that certain actions be taken or discontinued; 28
(b) [Disallowing any fees payable to the guardian; 29
(c)] After notice and a hearing, issuing an order compensating a 30
protected minor or the estate of a protected minor for any injury, 31
death or loss of money or property caused by the actions of the 32
guardian or the failure of the guardian to take appropriate action; 33
[(d)] (c) Removing the guardian pursuant to NRS 159A.185; or 34
[(e)] (d) Taking any other action that is proper under the 35
circumstances. 36
2. If any action by a guardian is deemed to be deliberately 37
harmful or fraudulent or to have been committed with malice, the 38
court may also impose: 39
(a) Twice the actual damages incurred by the protected minor; 40
and 41
(b) Attorney’s fees and costs. 42
Sec. 41. NRS 253.200 is hereby amended to read as follows: 43
253.200 1. A resident of Nevada is eligible to have the public 44
guardian of the county in which he or she resides appointed as his or 45
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her temporary individual guardian pursuant to NRS 159.0523 or 1
159.0525 or to mitigate the risk of financial harm to a proposed 2
protected minor pursuant to NRS 159A.053. 3
2. An adult resident of Nevada is eligible to have the public 4
guardian of a county appointed as his or her permanent or general 5
individual guardian if the proposed protected person is a resident of 6
that county and: 7
(a) The proposed protected person has no nominated person, 8
relative or friend suitable and willing to serve as his or her guardian; 9
or 10
(b) The proposed protected person has a guardian who the court 11
determines must be removed pursuant to NRS 159.185. 12
3. A person qualified pursuant to subsection 1 or 2, or anyone 13
on his or her behalf, may petition the district court of the county in 14
which he or she resides to make the appointment. 15
4. Before a petition for the appointment of the public guardian 16
as a guardian may be filed pursuant to subsection 3, a copy of the 17
petition and copies of all accompanying documents to be filed must 18
be delivered to the public guardian or a deputy public guardian. 19
5. Any petition for the appointment of the public guardian as a 20
guardian filed pursuant to subsection 3 must include a statement 21
signed by the public guardian or deputy public guardian and in 22
substantially the following form: 23
24
The undersigned is the Public Guardian or a Deputy 25
Public Guardian of ............. County. The undersigned 26
certifies that he or she has received a copy of this petition and 27
all accompanying documents to be filed with the court. 28
29
6. A petition for the appointment of the public guardian as 30
permanent or general guardian must be filed separately from a 31
petition for the appointment of a temporary guardian. 32
7. If a person other than the public guardian served as 33
temporary guardian before the appointment of the public guardian as 34
permanent or general guardian, the temporary guardian must file an 35
accounting and report with the court in which the petition for the 36
appointment of a public guardian was filed within 30 days of the 37
appointment of the public guardian as permanent or general 38
guardian. 39
8. In addition to NRS 159.099 , [and 159A.099,] a county is 40
not liable on any written or oral contract entered into by the public 41
guardian of the county for or on behalf of a protected person. 42
9. For the purposes of this section: 43
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(a) Except as otherwise provided in paragraph (b), the county of 1
residence of a person is the county to which the person moved with 2
the intent to reside for an indefinite period. 3
(b) The county of residence of a person placed in institutional 4
care is the county that was the county of residence of the person 5
before the person was placed in institutional care by a guardian or 6
agency or under power of attorney. 7
10. As used in this section, “nominated person” has the 8
meaning ascribed to it in NRS 159.0613. 9
Sec. 42. NRS 159A.014, 159A.0345, 159A.049, 159A.059, 10
159A.0615, 159A.0617, 159A.0755, 159A.086, 159A.0865, 11
159A.087, 159A.0895, 159A.097, 159A.099, 159A.105, 159A.107, 12
159A.109, 159A.111, 159A.121, 159A.123, 159A.125, 159A.132, 13
159A.134, 159A.136, 159A.1365, 159A.1375, 159A.138, 14
159A.1385, 159A.1415, 159A.142, 159A.1425, 159A.144, 15
159A.1455, 159A.146, 159A.1465, 159A.1475, 159A.148, 16
159A.1495, 159A.1505, 159A.1515, 159A.152, 159A.1535, 17
159A.154, 159A.156, 159A.157, 159A.159, 159A.161, 159A.163, 18
159A.165, 159A.1653, 159A.1657, 159A.166, 159A.1663, 19
159A.1667, 159A.167, 159A.184, 159A.195, 159A.197, 159A.203 20
and 159A.342 are hereby repealed. 21
LEADLINES OF REPEALED SECTIONS
159A.014 “Care provider” defined.
159A.0345 Court authorized to alter requirements
concerning publication of notice or citation.
159A.049 Appointment without issuance of citation.
159A.059 Qualifications of guardian.
159A.0615 Appointment of master of court or special
master to identify person most qualified and suitable to serve as
guardian; hearing; recommendation.
159A.0617 Court or master of court or special master
authorized to allow certain persons to testify at hearing to
determine person most qualified and suitable to serve as
guardian.
159A.0755 Disposition of estate having value not exceeding
by more than $10,000 aggregate amount of unpaid expenses of
and claims against estate.
159A.086 Guardian of estate to cause appraisal or
valuation of assets of guardianship estate; record or statement
in lieu of appraisal.
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159A.0865 Certification of appraiser, certified public
accountant or expert in valuation; form of appraisal or
valuation; purchase by appraiser, certified public accountant or
expert in valuation without disclosure prohibited; penalties.
159A.087 Recording letters of guardianship.
159A.0895 Assets retained to pay expenses of funeral and
disposal of remains of protected minor: Amount exempt from
all claims; placement in account or trust; reversion of excess to
estate of protected minor.
159A.097 Voidable contracts and transactions of protected
minor.
159A.099 Liability of guardian of estate on contracts for
protected minor.
159A.105 Payment of claims of guardian and claims arising
from contracts of guardian; report of claims and payment.
159A.107 Presentment and verification of claims.
159A.109 Examination and allowance or rejection of claims
by guardian.
159A.111 Recourse of claimant when claim rejected or not
acted upon.
159A.121 Borrowing money for protected minor.
159A.123 Contracts of protected minor.
159A.125 Gifts from estate of protected minor.
159A.132 Property of protected minor subject to sale.
159A.134 Selling real property of protected minor.
159A.136 Order requiring guardian to sell real property of
estate.
159A.1365 Application of money from sale of real property
of protected minor that is subject to mortgage or other lien.
159A.1375 Sale of real property of protected minor to
holder of mortgage or lien on such property.
159A.138 Sale of equity of estate in real property of
protected minor that is subject to mortgage or lien and of
property that is subject to mortgage or lien.
159A.1385 Contract for sale of real property of protected
minor authorized; limitation on commission; liability of
guardian and estate.
159A.1415 Presentation of offer to purchase real property
to court for confirmation; division of commission for sale of
such property.
159A.142 Sale of interest of protected minor in real
property owned jointly with one or more persons.
159A.1425 Notice of sale of real property of protected
minor: When required; manner of providing; waiver; content.
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159A.144 Sale of real property of guardianship estate:
Requirements for establishing date; manner of making offers.
159A.1455 Confirmation by court of sale of real property of
guardianship estate.
159A.146 Hearing to confirm sale of real property:
Considerations; conditions for confirmation; actions of court if
sale is not confirmed; continuance; circumstances in which sale
is confirmed without bidding.
159A.1465 Conveyance of real property of guardianship
estate to purchaser upon confirmation of sale by court.
159A.1475 Sale of real property made upon credit.
159A.148 Neglect or refusal of purchaser of real property
to comply with terms of sale.
159A.1495 Fraudulent sale of real property of protected
minor by guardian.
159A.1505 Periods of limitation for actions to recover or set
aside sale of real property.
159A.1515 Sale of personal property of protected minor by
guardian without notice.
159A.152 Sale of security of protected minor by guardian.
159A.1535 Notice of sale of personal property of protected
minor.
159A.154 Place and manner of sale of personal property of
protected minor; report by guardian; first right of refusal of
family members.
159A.156 Sale of interest in personal property pledged to
protected minor and choses in action of estate of protected
minor.
159A.157 Lease of property of protected minor.
159A.159 Contract with broker to secure lessee.
159A.161 Petition for approval of lease: Content;
conditions for approval.
159A.163 Agreement for rental or bailment of personal
property.
159A.165 Lease of mining claim or mineral rights; option
to purchase.
159A.1653 Petition to enter into agreement; setting date of
hearing; notice.
159A.1657 Hearing on petition; court order; recording of
court order.
159A.166 Bond and actions required upon court order to
enter into agreement.
159A.1663 Neglect or refusal of purchaser of mining claim
or of option holder to comply with terms of agreement.
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159A.1667 Petition for confirmation of proceedings
concerning agreement: When required; notice; hearing.
159A.167 Special sale of property of protected minor or
surrender of interest therein.
159A.184 Accounting by certain care providers.
159A.195 Disposition of claims of creditor after termination
of guardianship by death of protected minor.
159A.197 Delivery of physical possession of property of
protected minor; petition to modify title to such property;
handling property of deceased protected minor.
159A.203 Delivering property or paying obligations to
foreign guardian.
159A.342 Determination as to whether guardian has
already been appointed upon application by person to be
designated as guardian.
H