S.B. 346
- *SB346*
SENATE BILL NO. 346–SENATORS SCHEIBLE, CRUZ-CRAWFORD;
DONDERO LOOP, NGUYEN, OHRENSCHALL, PAZINA,
STEINBECK AND STONE
MARCH 13, 2025
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Referred to Committee on Judiciary
SUMMARY—Makes various changes relating to guardianship.
(BDR 13-217)
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; making various changes relating
to guardianship; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the Supported Decision-Making Act, which authorizes 1
an adult with a disability to enter into a supported decision-making agreement at 2
any time if the adult enters into the agreement voluntarily and understands the 3
nature and effect of the agreement. (Chapter 162C of NRS) Section 1 of this bill 4
defines the term “supported decision-making agreement” for the purposes of the 5
provisions of law governing guardianship of adults. 6
Existing law defines the term “incapacitated” for the purposes of the provisions 7
of law governing guardianships of adults. (NRS 159.019) Section 3 of this bill 8
expands the definition to include a person who is unable to understand the nature 9
and effect of a supported decision-making agreement. 10
Existing law: (1) authorizes a proposed protected person, a governmental 11
agency, a nonprofit organization or an interested person to petition the court for the 12
appointment of a guardian; (2) requires such a petition to include certain 13
information; and (3) requires that the petitioner provide the court with an 14
assessment of the needs of the proposed protected person, which must be completed 15
by a licensed physician. (NRS 159.044) Section 4 of this bill requires a petition for 16
the appointment of a guardian to contain an attestation that information on 17
supported decision-making agreements has been provided to the proposed protected 18
person. Section 4 also requires that a licensed physician completing such an 19
assessment include a determination of whether the proposed protected person is 20
unable to understand the nature and effect of a supported decision-making 21
agreement. Section 4 provides that if the licensed physician determines that a 22
proposed protected person is able to understand the nature and effect of a supported 23
decision-making agreement, the petitioner is required to prove to the satisfaction of 24
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the court that a supported decision-making agreement is not a reasonable alternative 25
to the guardianship. 26
Existing law requires a guardian of the person to make a written report 27
containing certain information, file the report with the court and serve the report on 28
the protected person and any attorney for the protected person. (NRS 159.081) 29
Section 5 of this bill requires that such a report include: (1) a description of certain 30
skills and abilities of the protected person; and (2) an explanation as to why a 31
supported decision-making agreement is not a reasonable alternative to the 32
guardianship. 33
Existing law authorizes a protected person, the guardian or another person to 34
petition the court for the termination or modification of a guardianship. Existing 35
law provides that for such a petition to be granted, the petitioner must prove that the 36
termination or modification of the guardianship is in the best interests of the 37
protected person. (NRS 159.1905) Section 6 of this bill provides that such a 38
petition may also be granted if the petitioner shows that the protected person has 39
entered into a supported decision-making agreement in lieu of the guardianship. 40
Existing law establishes the Protected Persons’ Bill of Rights, which sets forth 41
certain specific rights of each protected person. (NRS 159.327, 159.328) Section 7 42
of this bill provides that a protected person has the right to be educated about 43
alternatives to a guardianship, including, without limitation, a supported decision-44
making agreement. 45
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
“Supported decision-making agreement” has the meaning 3
ascribed to it in NRS 162C.080. 4
Sec. 2. NRS 159.013 is hereby amended to read as follows: 5
159.013 As used in this chapter, unless the context otherwise 6
requires, the words and terms defined in NRS 159.014 to 159.0265, 7
inclusive, and section 1 of this act have the meanings ascribed to 8
them in those sections. 9
Sec. 3. NRS 159.019 is hereby amended to read as follows: 10
159.019 A person is “incapacitated” if he or she, for reasons 11
other than being a minor, is unable to [receive] : 12
1. Meet the requirements of paragraph (b) of subsection 1 of 13
NRS 162C.200; and 14
2. Receive and evaluate information or make or communicate 15
decisions to such an extent that the person lacks the ability to meet 16
essential requirements for physical health, safety or self-care 17
without appropriate assistance. 18
Sec. 4. NRS 159.044 is hereby amended to read as follows: 19
159.044 1. A proposed protected person, a governmental 20
agency, a nonprofit corporation or any interested person may 21
petition the court for the appointment of a guardian. 22
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2. To the extent the petitioner knows or reasonably may 1
ascertain or obtain, the petition must include, without limitation: 2
(a) The name and address of the petitioner. 3
(b) The name, date of birth and current address of the proposed 4
protected person. 5
(c) A copy of one of the following forms of identification of the 6
proposed protected person which must be placed in the records 7
relating to the guardianship proceeding and, except as otherwise 8
provided in NRS 239.0115 or as otherwise required to carry out a 9
specific statute, maintained in a confidential manner: 10
(1) A social security number; 11
(2) A taxpayer identification number; 12
(3) A valid driver’s license number; 13
(4) A valid identification card number; 14
(5) A valid passport number; 15
(6) A valid permanent resident card number; or 16
(7) A valid tribal identification card number. 17
If the information required pursuant to this paragraph is not 18
included with the petition, the information must be provided to the 19
court not later than 120 days after the appointment of a guardian or 20
as otherwise ordered by the court. 21
(d) Whether the proposed protected person is a resident or 22
nonresident of this State. 23
(e) The names and addresses of the spouse of the proposed 24
protected person and the relatives of the proposed protected person 25
who are within the second degree of consanguinity. 26
(f) The name, date of birth and current address of the proposed 27
guardian. If the proposed guardian is a private professional 28
guardian, the petition must include proof that the guardian meets the 29
requirements of NRS 159.0595 or 159A.0595. If the proposed 30
guardian is not a private professional guardian, the petition must 31
include a statement that the guardian currently is not receiving 32
compensation for services as a guardian to more than one protected 33
person who is not related to the person by blood or marriage. As 34
used in this paragraph, “protected person” includes a protected 35
minor. 36
(g) A copy of one of the following forms of identification of the 37
proposed guardian which must be placed in the records relating to 38
the guardianship proceeding and, except as otherwise provided in 39
NRS 239.0115 or as otherwise required to carry out a specific 40
statute, maintained in a confidential manner: 41
(1) A social security number; 42
(2) A taxpayer identification number; 43
(3) A valid driver’s license number; 44
(4) A valid identification card number; 45
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(5) A valid passport number; 1
(6) A valid permanent resident card number; or 2
(7) A valid tribal identification card number. 3
(h) Whether the proposed guardian has ever been convicted of a 4
felony and, if so, information concerning the crime for which the 5
proposed guardian was convicted and whether the proposed 6
guardian was placed on probation or parole. 7
(i) A summary of the reasons why a guardian is needed and 8
recent documentation demonstrating the need for a guardianship. 9
The documentation must include, without limitation: 10
(1) A certificate signed by a physician who is licensed to 11
practice medicine in this State or who is employed by the 12
Department of Veterans Affairs, a letter signed by any governmental 13
agency in this State which conducts investigations or a certificate 14
signed by any other person whom the court finds qualified to 15
execute a certificate, stating: 16
(I) The need for a guardian; 17
(II) Whether the proposed protected person presents a 18
danger to himself or herself or others; 19
(III) Whether the attendance of the proposed protected 20
person at a hearing would be detrimental to the proposed protected 21
person; 22
(IV) Whether the proposed protected person would 23
comprehend the reason for a hearing or contribute to the proceeding; 24
and 25
(V) Whether the proposed protected person is capable of 26
living independently with or without assistance; and 27
(2) If the proposed protected person is determined to have 28
the limited capacity to consent to the appointment of a special 29
guardian, a written consent to the appointment of a special guardian 30
from the protected person. 31
(j) Whether the appointment of a general or a special guardian is 32
sought. 33
(k) A general description and the probable value of the property 34
of the proposed protected person and any income to which the 35
proposed protected person is or will be entitled, if the petition is for 36
the appointment of a guardian of the estate or a special guardian. If 37
any money is paid or is payable to the proposed protected person by 38
the United States through the Department of Veterans Affairs, the 39
petition must so state. 40
(l) The name and address of any person or care provider having 41
the care, custody or control of the proposed protected person. 42
(m) If the petitioner is not the spouse or natural child of the 43
proposed protected person, a declaration explaining the relationship 44
of the petitioner to the proposed protected person or to the family or 45
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friends of the proposed protected person, if any, and the interest, if 1
any, of the petitioner in the appointment. 2
(n) Requests for any of the specific powers set forth in NRS 3
159.117 to 159.175, inclusive, necessary to enable the guardian to 4
carry out the duties of the guardianship. 5
(o) If the guardianship is sought as the result of an investigation 6
of a report of abuse, neglect, exploitation, isolation or abandonment 7
of the proposed protected person, whether the referral was from a 8
law enforcement agency or a state or county agency. 9
(p) Whether the proposed protected person or the proposed 10
guardian is a party to any pending criminal or civil litigation. 11
(q) Whether the guardianship is sought for the purpose of 12
initiating litigation. 13
(r) Whether the proposed protected person has executed a 14
durable power of attorney for health care, a durable power of 15
attorney for financial matters or a written nomination of guardian 16
and, if so, who the named agents are for each document. 17
(s) Whether the proposed guardian has filed for or received 18
protection under the federal bankruptcy laws within the immediately 19
preceding 7 years. 20
(t) An attestation that information on supported decision-21
making agreements has been provided to the proposed protected 22
person. 23
3. Before the court makes a finding pursuant to NRS 159.054, 24
a petitioner seeking a guardian for a proposed protected person must 25
[provide] : 26
(a) Provide the court with an assessment of the needs of the 27
proposed protected person completed by a licensed physician which 28
identifies the limitations of capacity of the proposed protected 29
person and how such limitations affect the ability of the proposed 30
protected person to maintain his or her safety and basic needs [.] 31
and which includes a determination of whether the proposed 32
protected person meets the requirements of paragraph (b) of 33
subsection 1 of NRS 162C.200 to enter into a supported decision-34
making agreement. The court may prescribe the form in which the 35
assessment of the needs of the proposed protected person must be 36
filed. 37
(b) If the licensed physician performing the assessment 38
pursuant to paragraph (a) determines the proposed protected 39
person meets the requirements of paragraph (b) of subsection 1 of 40
NRS 162C.200, through affidavits and other evidence which the 41
court may permit, establish to the satisfaction of the court that a 42
supported decision-making agreement is not a reasonable 43
alternative to the guardianship. 44
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Sec. 5. NRS 159.081 is hereby amended to read as follows: 1
159.081 1. A guardian of the person shall make and file in 2
the guardianship proceeding for review of the court a written report 3
on the condition of the protected person and the exercise of 4
authority and performance of duties by the guardian: 5
(a) Annually, not later than 60 days after the anniversary date of 6
the appointment of the guardian; 7
(b) Within 10 days of moving a protected person to a secured 8
residential long-term care facility; and 9
(c) At such other times as the court may order. 10
2. A report filed pursuant to paragraph (b) of subsection 1 11
must: 12
(a) Include a copy of the written recommendation upon which 13
the transfer was made; and 14
(b) Except as otherwise provided in subsection 6, be served, 15
without limitation, on the protected person and any attorney for the 16
protected person. 17
3. The court may prescribe the form for filing a report 18
described in subsection 1. Such a report must include, without 19
limitation: 20
(a) The physical condition of the protected person; 21
(b) The place of residence of the protected person; 22
(c) The name of all other persons living with the protected 23
person unless the protected person is residing at a secured 24
residential long-term care facility, group home, supportive living 25
facility, home in which supported living arrangement services are 26
provided, assisted living facility or other facility for long-term care; 27
[and] 28
(d) A description of the abilities and skills of the protected 29
person to understand information, options, responsibilities and 30
consequences of the protected person’s life decisions; and 31
(e) An explanation as to why a supported decision-making 32
agreement is not a reasonable alternative to the guardianship; 33
(f) Any other information required by the court. 34
4. The guardian of the person shall give to the guardian of the 35
estate, if any, a copy of each report not later than 30 days after the 36
date the report is filed with the court. 37
5. The court is not required to hold a hearing or enter an order 38
regarding the report. 39
6. The court may waive the requirement set forth in paragraph 40
(b) of subsection 2 that a report filed pursuant to paragraph (b) of 41
subsection 1 must be served on a protected person upon a showing 42
that such service is detrimental to the physical or mental health of 43
the protected person. 44
7. As used in this section: 45
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(a) “Facility for long-term care” has the meaning ascribed to it 1
in NRS 427A.028. 2
(b) “Supported living arrangement services” has the meaning 3
ascribed to it in NRS 435.3315. 4
Sec. 6. NRS 159.1905 is hereby amended to read as follows: 5
159.1905 1. A protected person, the guardian or another 6
person may petition the court for the termination or modification of 7
a guardianship. The petition must state or contain: 8
(a) The name and address of the petitioner. 9
(b) The relationship of the petitioner to the protected person. 10
(c) The name, age and address of the protected person, if the 11
protected person is not the petitioner, or the date of death of the 12
protected person if the protected person is deceased. 13
(d) The name and address of the guardian, if the guardian is not 14
the petitioner. 15
(e) The reason for termination or modification. 16
(f) Whether the termination or modification is sought for a 17
guardianship of the person, of the estate, or of the person and estate. 18
(g) A general description and the value of the remaining 19
property of the protected person and the proposed disposition of that 20
property. 21
2. Upon the filing of the petition, the court shall appoint an 22
attorney to represent the protected person if: 23
(a) The protected person is unable to retain an attorney; or 24
(b) The court determines that the appointment is necessary to 25
protect the interests of the protected person. 26
3. The petitioner has the burden of proof to show by clear and 27
convincing evidence that [the] : 28
(a) The termination or modification of the guardianship of the 29
person, of the estate, or of the person and estate is in the best 30
interests of the protected person [.] ; or 31
(b) That the protected person has entered into a supported 32
decision-making agreement in lieu of the guardianship of the 33
person, of the estate, or of the person and estate, which is to be 34
terminated. 35
4. The court shall issue a citation to the guardian and all 36
interested persons requiring them to appear and show cause why 37
termination or modification of the guardianship should not be 38
granted. 39
5. If the court finds that the petitioner did not file a petition for 40
termination or modification in good faith or in furtherance of the 41
best interests of the protected person, the court may: 42
(a) Disallow the petitioner from petitioning the court for 43
attorney’s fees from the estate of the protected person; and 44
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(b) Impose sanctions on the petitioner in an amount sufficient to 1
reimburse the estate of the protected person for all or part of the 2
expenses and for any other pecuniary losses which are incurred by 3
the estate of the protected person and associated with the petition. 4
Sec. 7. NRS 159.328 is hereby amended to read as follows: 5
159.328 1. The Legislature hereby declares that, except as 6
otherwise specifically provided by law, each proposed protected 7
person has the right to have an attorney before a guardianship is 8
imposed to ask the court for relief, and each protected person has the 9
right to: 10
(a) Have an attorney at any time during a guardianship to ask the 11
court for relief. 12
(b) Receive notice of all guardianship proceedings and all 13
proceedings relating to a determination of capacity unless the court 14
determines that the protected person lacks the capacity to 15
comprehend such notice. 16
(c) Receive a copy of all documents filed in a guardianship 17
proceeding. 18
(d) Have a family member, an interested party, a person of 19
natural affection, an advocate for the protected person or a medical 20
provider speak or raise any issues of concern on behalf of the 21
protected person during a court hearing, either orally or in writing, 22
including, without limitation, issues relating to a conflict with a 23
guardian. 24
(e) Be educated about guardianships and ask questions and 25
express concerns and complaints about a guardian and the actions of 26
a guardian, either orally or in writing. 27
(f) Participate in developing a plan for his or her care, including, 28
without limitation, managing his or her assets and personal property 29
and determining his or her residence and the manner in which he or 30
she will receive services. 31
(g) Have due consideration given to his or her current and 32
previously stated personal desires, preferences for health care and 33
medical treatment and religious and moral beliefs. 34
(h) Remain as independent as possible, including, without 35
limitation, to have his or her preference honored regarding his or her 36
residence and standard of living, either as expressed or 37
demonstrated before a determination was made relating to capacity 38
or as currently expressed, if the preference is reasonable under the 39
circumstances. 40
(i) Be granted the greatest degree of freedom possible, 41
consistent with the reasons for a guardianship, and exercise control 42
of all aspects of his or her life that are not delegated to a guardian 43
specifically by a court order. 44
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(j) Engage in any activity that the court has not expressly 1
reserved for a guardian, including, without limitation, voting, 2
marrying or entering into a domestic partnership, traveling, working 3
and having a driver’s license. 4
(k) Be treated with respect and dignity. 5
(l) Be treated fairly by his or her guardian. 6
(m) Maintain privacy and confidentiality in personal matters. 7
(n) Receive telephone calls and personal mail and have visitors, 8
unless his or her guardian and the court determine that particular 9
correspondence or a particular visitor will cause harm to the 10
protected person. 11
(o) Receive timely, effective and appropriate health care and 12
medical treatment that does not violate his or her rights. 13
(p) Have all services provided by a guardian at a reasonable rate 14
of compensation and have a court review any requests for payment 15
to avoid excessive or unnecessary fees or duplicative billing. 16
(q) Receive prudent financial management of his or her property 17
and regular detailed reports of financial accounting, including, 18
without limitation, reports on any investments or trusts that are held 19
for his or her benefit and any expenditures or fees charged to his or 20
her estate. 21
(r) Receive and control his or her salary, maintain a bank 22
account and manage his or her personal money. 23
(s) Ask the court to: 24
(1) Review the management activity of a guardian if a 25
dispute cannot be resolved. 26
(2) Continually review the need for a guardianship or modify 27
or terminate a guardianship. 28
(3) Replace the guardian. 29
(4) Enter an order restoring his or her capacity at the earliest 30
possible time. 31
(t) Be educated about alternatives to a guardianship, 32
including, without limitation, a supported decision-making 33
agreement. 34
2. The rights of a protected person set forth in subsection 1 do 35
not abrogate any remedies provided by law. All such rights may be 36
addressed in a guardianship proceeding or be enforced through a 37
private right of action. 38
H