A.B. 65
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ASSEMBLY BILL NO. 65–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SUPREME COURT)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to guardianship.
(BDR 13-470)
FISCAL NOTE: Effect on Local Government: No.
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
certain investigative services provided during a
guardianship proceeding; prohibiting a governmental
entity from charging a fee for providing a copy of certain
documents relating to a guardianship proceeding; revising
provisions relating to service of process of a citation and
petition in a guardianship proceeding; changing the name
of the State Guardianship Compliance Office to the
State Guardianship Office; changing the title of the State
Guardianship Compliance Officer to the State
Guardianship Officer; revising the powers of the Officer;
authorizing a court to appoint or extend the appointment
of a guardian for a protected minor or proposed protected
minor seeking status as a special immigrant juvenile with
the United States Citizenship and Immigration Services of
the Department of Homeland Security under certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law creates the State Guardianship Compliance Office to provide 1
certain services relating to guardianship proceedings. Existing law also: (1) creates 2
the position of State Guardianship Compliance Officer within the Office; and (2) 3
authorizes the Officer to hire two accountants and two investigators to provide 4
certain services to district courts. (NRS 159.341) Section 3 of this bill changes the: 5
(1) name of the State Guardianship Compliance Office to the State Guardianship 6
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Office; and (2) title of the State Guardianship Compliance Officer to the State 7
Guardianship Officer. Section 3 also expands the authority of the Officer to hire 8
accountants and investigators by authorizing the Officer, within the limits of 9
legislative appropriation, to hire such accountants and investigators as the Officer 10
deems necessary. 11
Existing law authorizes the court, after the filing of a petition in a guardianship 12
proceeding, to appoint one or more investigators to perform certain duties related to 13
the proceeding. (NRS 159.046, 159A.046) Existing law likewise authorizes an 14
investigator employed by the Office to provide investigative services to the district 15
courts during the administration of guardianship proceedings. (NRS 159.341) 16
Sections 1, 3 and 6 of this bill expand the authority of an investigator appointed by 17
the court or employed by the Office, as applicable, by authorizing any such 18
investigator to: (1) obtain a complete set of the fingerprints of certain persons and 19
written permission for the investigator to obtain certain information concerning the 20
criminal history of the person; and (2) forward the fingerprints to the Central 21
Repository for Nevada Records of Criminal History for its report on the criminal 22
history of the person and for submission to the Federal Bureau of Investigation for 23
its report. Sections 1, 3 and 6 also: (1) prohibit a governmental entity, including a 24
court, from charging a fee for providing a copy of any document requested by an 25
investigator in connection with an investigation; and (2) make various other 26
changes relating to an investigation. 27
Existing law: (1) authorizes the court in an adult guardianship proceeding to 28
appoint or extend the appointment of a guardian for a protected person or proposed 29
protected person seeking status as a special immigrant juvenile with the United 30
States Citizenship and Immigration Services of the Department of Homeland 31
Security under certain circumstances; and (2) provides for the termination of any 32
such guardianship on or before the date on which the protected person reaches 21 33
years of age. (NRS 159.191, 159.343) Sections 4 and 8 of this bill likewise: (1) 34
authorize the court in a minor guardianship proceeding to appoint or extend the 35
appointment of a guardian for a protected minor or proposed protected minor 36
seeking status as a special immigrant juvenile; and (2) provide for the termination 37
of any such guardianship on or before the date on which the protected minor 38
reaches 21 years of age. Section 5 of this bill makes a conforming change to the 39
relevant definition of “minor.” 40
Existing law: (1) requires service of a copy of a petition for the appointment of 41
a guardian and the citation issued pursuant to any such petition on certain persons; 42
and (2) prescribes the procedure for the service of process on such persons. (NRS 43
159.0475, 159A.0475) Sections 2 and 7 of this bill revise the procedure for such 44
service of process by authorizing: (1) service by certain methods set forth in the 45
Nevada Rules of Civil Procedure under certain circumstances; and (2) the court to 46
waive a requirement that service of the citation be made by publication under 47
certain circumstances. 48
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 159.046 is hereby amended to read as follows: 1
159.046 1. Upon filing of the petition, or any time thereafter, 2
the court may appoint one or more investigators to: 3
(a) Locate persons who perform services needed by the 4
proposed protected person and other public and private resources 5
available to the proposed protected person. 6
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(b) Determine any competing interests in the appointment of a 1
guardian. 2
(c) Investigate allegations or claims which affect a protected 3
person or proposed protected person. 4
(d) Investigate the suitability of a proposed guardian to provide 5
for the basic needs of a proposed protected person, including, 6
without limitation, food, clothing, shelter and medical care. 7
(e) Locate relatives of the proposed protected person who are 8
within the second degree of consanguinity. 9
(f) Obtain a copy of the birth certificate of a protected person 10
or proposed protected person. 11
(g) Obtain a copy of the death certificate of any interested 12
person. 13
2. An investigator may be an employee of a social service 14
agency, family service officer of the court, public guardian, 15
physician or other qualified person. 16
3. An investigator shall file with the court and parties a report 17
concerning the scope of the appointment of the guardian and any 18
special powers which a guardian would need to assist the proposed 19
protected person. 20
4. An investigator who is appointed pursuant to this section is 21
entitled to reasonable compensation from the estate of the proposed 22
protected person. If the court finds that a person has unnecessarily 23
or unreasonably caused the investigation, the court may order the 24
person to pay to the estate of the proposed protected person all or 25
part of the expenses associated with the investigation. 26
5. In conducting an investigation pursuant to subsection 1, 27
an investigator may: 28
(a) Obtain a complete set of the fingerprints of a proposed 29
guardian, guardian, temporary guardian or any other interested 30
person along with the person’s written permission to forward 31
those fingerprints to the Central Repository for Nevada Records of 32
Criminal History for its report on the criminal history of the 33
person and for submission to the Federal Bureau of Investigation 34
for its report; and 35
(b) Forward the fingerprints obtained pursuant to paragraph 36
(a) to the Central Repository for Nevada Records of Criminal 37
History for its report on the criminal history of the person and for 38
submission to the Federal Bureau of Investigation for its report. 39
6. A report obtained pursuant to subsection 5 must not be 40
disclosed except to the investigator who made the request or the 41
court. 42
7. A governmental entity shall not charge a fee for providing 43
a copy of any document requested by an investigator in connection 44
with an investigation conducted pursuant to subsection 1. 45
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8. As used in this section, “governmental entity” has the 1
meaning ascribed to it in NRS 239.005. 2
Sec. 2. NRS 159.0475 is hereby amended to read as follows: 3
159.0475 1. [A] Except as otherwise ordered by the court, a 4
copy of the citation issued pursuant to NRS 159.047, together with a 5
copy of the petition filed under NRS 159.044, must be served: 6
(a) [Except as otherwise ordered by the court, on] On a 7
proposed protected person by : 8
(1) Except as otherwise provided in subparagraph (2), 9
personal service in the manner provided pursuant to the Nevada 10
Rules of Civil Procedure at least 10 days before the date set for the 11
hearing . [; and] 12
(2) An alternative method of service set forth in the Nevada 13
Rules of Civil Procedure other than publication at least 20 days 14
before the date set for the hearing, if authorized by the court for 15
good cause shown. 16
(b) On each person required to be served pursuant to NRS 17
159.047 other than a proposed protected person by: 18
(1) Except as otherwise provided in subparagraph (2): 19
(I) Certified mail, with a return receipt requested, at least 20
20 days before the date set for the hearing; or 21
[(2)] (II) Personal service in the manner provided 22
pursuant to the Nevada Rules of Civil Procedure at least 10 days 23
before the date set for the hearing. 24
(2) An alternative method of service set forth in the Nevada 25
Rules of Civil Procedure other than publication at least 20 days 26
before the date set for the hearing, if authorized by the court for 27
good cause shown. 28
2. [If] Except as otherwise provided in this subsection, if none 29
of the persons on whom the citation and petition is to be served can, 30
after due diligence, be served by certified mail , [or] personal 31
service [,] or an alternative method of service, as applicable, and 32
this fact is proven by affidavit to the satisfaction of the court, service 33
of the citation must be made by publication in the manner provided 34
by the Nevada Rules of Civil Procedure [. In all such cases, the 35
citation must be published] at least 20 days before the date set for 36
the hearing. The court may waive the service by publication 37
required by this subsection for good cause shown. 38
3. A citation and petition need not be served on a person or an 39
officer of the care provider who has signed the petition or a written 40
waiver of service of the citation and petition or who makes a general 41
appearance. 42
4. The court may find that notice is sufficient if: 43
(a) The citation and petition have been served by personal 44
service on the proposed protected person or by an alternative 45
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method of service set forth in the Nevada Rules of Civil Procedure 1
and an affidavit of such service has been filed with the court 2
pursuant to subsection 3 of NRS 159.047; 3
(b) The citation and petition have been served by certified mail, 4
with a return receipt requested, [or] by personal service or by an 5
alternative method of service set forth in the Nevada Rules of Civil 6
Procedure on the care provider or public guardian required to be 7
served pursuant to NRS 159.047; and 8
(c) At least one relative of the proposed protected person who is 9
required to be served pursuant to NRS 159.047 has been served, as 10
evidenced by the return receipt or the certificate of service. If the 11
court finds that at least one relative of the proposed protected person 12
has not received notice that is sufficient, the court will require the 13
citation to be published pursuant to subsection 2 [.] or waive the 14
requirement in accordance with subsection 2. 15
5. Except as otherwise ordered by the court, at least 7 days 16
before the date set for the hearing, the petitioner shall file with the 17
court proof of service to each person entitled to notice pursuant to 18
this section. Such proof must include, for each person, the date 19
and manner of service. 20
Sec. 3. NRS 159.341 is hereby amended to read as follows: 21
159.341 1. The State Guardianship [Compliance] Office is 22
hereby created. 23
2. The State Guardianship [Compliance] Officer is: 24
(a) Appointed by the Supreme Court and serves at the pleasure 25
of the Court; and 26
(b) Entitled to receive an annual salary set by the Supreme Court 27
within the limits of legislative appropriations. 28
3. The State Guardianship [Compliance] Officer may , within 29
the limits of legislative appropriation, hire [two] such accountants 30
and [two] investigators as the Officer deems necessary to provide 31
auditing and investigative services to the district courts during the 32
administration of guardianship proceedings pursuant to chapters 159 33
and 159A of NRS. 34
4. The State Guardianship [Compliance] Officer shall not act 35
as a guardian for any protected person or protected minor. 36
5. In providing investigative services to a district court, an 37
investigator employed by the State Guardianship Office may: 38
(a) Obtain a complete set of the fingerprints of a proposed 39
guardian, guardian, temporary guardian or any other interested 40
person along with the person’s written permission to forward 41
those fingerprints to the Central Repository for Nevada Records of 42
Criminal History for its report on the criminal history of the 43
person and for submission to the Federal Bureau of Investigation 44
for its report; and 45
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(b) Forward the fingerprints obtained pursuant to paragraph 1
(a) to the Central Repository for Nevada Records of Criminal 2
History for its report on the criminal history of the person and for 3
submission to the Federal Bureau of Investigation for its report. 4
6. A report obtained pursuant to subsection 5 must not be 5
disclosed except to the investigator who made the request or the 6
court. 7
7. A governmental entity shall not charge a fee for providing 8
a copy of any document requested by an investigator employed by 9
the State Guardianship Office in connection with any investigative 10
services provided to a district court. 11
8. As used in this section, “governmental entity” has the 12
meaning ascribed to it in NRS 239.005. 13
Sec. 4. Chapter 159A of NRS is hereby amended by adding 14
thereto a new section to read as follows: 15
1. If a person includes a request that the court make the 16
findings set forth in subsection 3 of NRS 3.2203 in a petition filed 17
or motion made pursuant to this chapter, the court may appoint or 18
extend the appointment of a guardian of the person for a protected 19
minor or proposed protected minor seeking status as a special 20
immigrant juvenile with the United States Citizenship and 21
Immigration Services of the Department of Homeland Security if 22
the protected minor or proposed protected minor: 23
(a) Is unmarried; and 24
(b) Consents to the appointment or the extension of the 25
appointment. 26
2. The appointment or the extension of the appointment of a 27
guardian of the person pursuant to subsection 1 does not 28
authorize the guardian to abrogate any rights that the protected 29
minor or proposed protected minor may have pursuant to the laws 30
of this State, including, without limitation, the right to make 31
decisions regarding his or her medical treatment, education or 32
residence, without the express consent of the protected minor or 33
proposed protected minor. 34
Sec. 5. NRS 159A.023 is hereby amended to read as follows: 35
159A.023 “Minor” means any person who is: 36
1. Less than [18] eighteen years of age; or 37
2. Less than [19] : 38
(a) Nineteen years of age if the guardianship of the person is 39
continued until the person reaches the age of 19 years pursuant to 40
NRS 159A.191. 41
(b) Twenty-one years of age if the person is seeking status as a 42
special immigrant juvenile with the United States Citizenship and 43
Immigration Services of the Department of Homeland Security in 44
accordance with section 4 of this act. 45
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Sec. 6. NRS 159A.046 is hereby amended to read as follows: 1
159A.046 1. Upon filing of the petition, or any time 2
thereafter, the court may appoint one or more investigators to: 3
(a) Locate persons who perform services needed by the 4
proposed protected minor and other public and private resources 5
available to the proposed protected minor. 6
(b) Determine any competing interests in the appointment of a 7
guardian. 8
(c) Investigate allegations or claims which affect a proposed 9
protected minor. 10
(d) Investigate the suitability of a proposed guardian to provide 11
for the basic needs of a proposed protected minor, including, 12
without limitation, food, clothing, shelter, medical care and 13
education. 14
(e) Locate relatives of the proposed protected minor who are 15
within the second degree of consanguinity. 16
(f) Obtain a copy of the birth certificate of a protected minor or 17
proposed protected minor. 18
(g) Obtain a copy of the death certificate of any interested 19
person. 20
2. An investigator may be an employee of the court or a person 21
retained under contract with the court. 22
3. An investigator shall file with the court and parties a report 23
concerning the scope of the appointment of the guardian and any 24
special powers which a guardian would need to assist the proposed 25
protected minor. 26
4. If the court finds that a person has unnecessarily or 27
unreasonably caused the investigation, the court may order the 28
person to pay to the court all or part of the expenses associated with 29
the investigation. 30
5. In conducting an investigation pursuant to subsection 1, 31
an investigator may: 32
(a) Obtain a complete set of the fingerprints of a proposed 33
guardian, guardian, temporary guardian or any other interested 34
person along with the person’s written permission to forward 35
those fingerprints to the Central Repository for Nevada Records of 36
Criminal History for its report on the criminal history of the 37
person and for submission to the Federal Bureau of Investigation 38
for its report; and 39
(b) Forward the fingerprints obtained pursuant to paragraph 40
(a) to the Central Repository for Nevada Records of Criminal 41
History for its report on the criminal history of the person and for 42
submission to the Federal Bureau of Investigation for its report. 43
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6. A report obtained pursuant to subsection 5 must not be 1
disclosed except to the investigator who made the request or the 2
court. 3
7. A governmental entity shall not charge a fee for providing 4
a copy of any document requested by an investigator in connection 5
with an investigation conducted pursuant to subsection 1. 6
8. As used in this section, “governmental entity” has the 7
meaning ascribed to it in NRS 239.005. 8
Sec. 7. NRS 159A.0475 is hereby amended to read as follows: 9
159A.0475 1. [A] Except as otherwise ordered by the court, 10
a copy of the citation issued pursuant to NRS 159A.047, together 11
with a copy of the petition filed under NRS 159A.044, must be 12
served: 13
(a) [Except as otherwise ordered by the court, on] On a 14
proposed protected minor who is 14 years of age or older by : 15
(1) Except as otherwise provided in subparagraph (2), 16
personal service in the manner provided pursuant to the Nevada 17
Rules of Civil Procedure at least 10 days before the date set for the 18
hearing . [; and] 19
(2) An alternative method of service set forth in the Nevada 20
Rules of Civil Procedure other than publication at least 20 days 21
before the date set for the hearing, if authorized by the court for 22
good cause shown. 23
(b) On each person required to be served pursuant to NRS 24
159A.047 other than a proposed protected minor by: 25
(1) Except as otherwise provided in subparagraph (2): 26
(I) Certified mail, with a return receipt requested, at least 27
20 days before the date set for the hearing; or 28
[(2)] (II) Personal service in the manner provided 29
pursuant to the Nevada Rules of Civil Procedure at least 10 days 30
before the date set for the hearing. 31
(2) An alternative method of service set forth in the Nevada 32
Rules of Civil Procedure other than publication at least 20 days 33
before the date set for the hearing, if authorized by the court for 34
good cause shown. 35
2. [If] Except as otherwise provided in this subsection, if none 36
of the persons on whom the citation and petition is to be served can, 37
after due diligence, be served by certified mail , [or] personal 38
service [,] or an alternative method of service, as applicable, and 39
this fact is proven by affidavit to the satisfaction of the court, service 40
of the citation must be made by publication in the manner provided 41
by the Nevada Rules of Civil Procedure [. In all such cases, the 42
citation must be published] at least 20 days before the date set for 43
the hearing. The court may waive the service by publication 44
required by this subsection for good cause shown. 45
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3. A citation and petition need not be served on a person or an 1
officer of the care provider who has signed the petition or a written 2
waiver of service of the citation and petition or who makes a general 3
appearance. 4
4. The court may find that notice is sufficient if: 5
(a) The citation and petition have been served by personal 6
service on the proposed protected minor or by an alternative 7
method for service set forth in the Nevada Rules of Civil 8
Procedure and an affidavit of such service has been filed with the 9
court pursuant to subsection 3 of NRS 159A.047; 10
(b) The citation and petition have been served by certified mail, 11
with a return receipt requested, [or] by personal service or by an 12
alternative method of service set forth in the Nevada Rules of Civil 13
Procedure on the care provider or guardian required to be served 14
pursuant to NRS 159A.047; and 15
(c) At least one relative of the proposed protected minor who is 16
required to be served pursuant to NRS 159A.047 has been served, as 17
evidenced by the return receipt or the certificate of service. If the 18
court finds that at least one relative of the proposed protected minor 19
has not received notice that is sufficient, the court will require the 20
citation to be published pursuant to subsection 2 [.] or waive the 21
requirement in accordance with subsection 2. 22
5. Except as otherwise ordered by the court, at least 7 days 23
before the date set for the hearing, the petitioner shall file with the 24
court proof of service to each person entitled to notice pursuant to 25
this section. Such proof must include, for each person, the date 26
and manner of service. 27
Sec. 8. NRS 159A.191 is hereby amended to read as follows: 28
159A.191 1. [A] Except as otherwise provided in subsection 29
2, a guardianship of the person, of the estate, or of the person and 30
estate is terminated: 31
(a) By the death of the protected minor; 32
(b) Upon the protected minor’s change of domicile to a place 33
outside this State and the transfer of jurisdiction to the court having 34
jurisdiction in the new domicile; 35
(c) Upon order of the court, if the court determines that the 36
guardianship no longer is necessary; 37
(d) On the date on which the protected minor reaches 18 years 38
of age; or 39
(e) On the date on which the protected minor graduates from 40
high school or becomes 19 years of age, whichever occurs sooner, 41
if: 42
(1) The protected minor will be older than 18 years of age 43
upon graduation from high school; and 44
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(2) The protected minor and the guardian consent to continue 1
the guardianship and the consent is filed with the court at least 14 2
days before the date on which the protected minor will become 18 3
years of age. 4
2. If the court appoints or extends the appointment of a 5
guardian of the minor pursuant to section 4 of this act, the 6
guardianship is terminated on the date on which the protected 7
minor reaches 21 years of age unless the protected minor petitions 8
the court to terminate the guardianship before he or she reaches 9
21 years of age pursuant to NRS 159A.1905 and the court grants 10
the petition. 11
3. A guardianship of the estate is terminated: 12
(a) If the court removes the guardian or accepts the resignation 13
of the guardian and does not appoint a successor guardian; 14
(b) If the court determines that the guardianship is not necessary 15
and orders the guardianship terminated; or 16
(c) By the death of the protected minor, subject to the provisions 17
of NRS 159A.193. 18
[3.] 4. If the guardianship is of the person and estate, the court 19
may order the guardianship terminated as to the person, the estate, 20
or the person and estate. 21
[4.] 5. The guardian shall notify the court, all interested parties, 22
the trustee, and the named executor or appointed personal 23
representative of the estate of the protected minor of the death of the 24
protected minor within 30 days after the death. 25
[5.] 6. Immediately upon the death or emancipation of the 26
protected minor: 27
(a) The guardian of the estate shall have no authority to act for 28
the protected minor except to wind up the affairs of the guardianship 29
pursuant to NRS 159A.193, and to distribute the property of the 30
protected minor as provided in NRS 159A.195 and 159A.197; and 31
(b) No person has standing to file a petition pursuant to 32
NRS 159A.078. 33
[6.] 7. A hearing may be held not later than 90 days before a 34
protected minor reaches the age of majority to determine whether: 35
(a) Guardianship is needed beyond the age of majority; 36
(b) The protected minor desires an additional year of 37
guardianship beyond the age of majority; and 38
(c) The guardian should be notified of any requirements of the 39
guardianship which require compliance before termination of the 40
guardianship. 41
[7.] 8. If, at a hearing conducted pursuant to subsection [6,] 7, a 42
court makes a determination that, upon reaching the age of majority, 43
a protected minor would be deemed incapacitated, as defined in 44
NRS 159.019, a petition may be filed in accordance with the 45
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provisions of chapter 159 of NRS to seek guardianship for the 1
protected minor pursuant to that chapter to take effect when the 2
protected minor reaches the age of majority. The protected minor 3
has the right to be represented by counsel if guardianship is sought 4
pursuant to this subsection. 5
Sec. 9. The Legislative Counsel shall, in preparing 6
supplements to the Nevada Administrative Code, appropriately 7
change any references to an officer, agency or other entity whose 8
name is changed or whose responsibilities are transferred pursuant 9
to the provisions of this act to refer to the appropriate officer, 10
agency or other entity. 11
Sec. 10. 1. Any administrative regulations adopted by an 12
officer or an agency whose name has been changed or whose 13
responsibilities have been transferred pursuant to the provisions of 14
this act to another officer or agency remain in force until amended 15
by the officer or agency to which the responsibility for the adoption 16
of the regulations has been transferred. 17
2. Any contracts or other agreements entered into by an officer 18
or agency whose name has been changed or whose responsibilities 19
have been transferred pursuant to the provisions of this act to 20
another officer or agency are binding upon the officer or agency to 21
which the responsibility for the administration of the provisions of 22
the contract or other agreement has been transferred. Such contracts 23
and other agreements may be enforced by the officer or agency to 24
which the responsibility for the enforcement of the provisions of the 25
contract or other agreement has been transferred. 26
3. Any action taken by an officer or agency whose name has 27
been changed or whose responsibilities have been transferred 28
pursuant to the provisions of this act to another officer or agency 29
remains in effect as if taken by the officer or agency to which the 30
responsibility for the enforcement of such actions has been 31
transferred. 32
Sec. 11. This act becomes effective on July 1, 2025. 33
H