2005 Nevada Revised Statutes - Chapter 159 — Guardianships
Title 13 - GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS
GENERAL PROVISIONS
NRS 159.013 Definitions.
NRS 159.014 Careprovider defined.
NRS 159.0145 Citationdefined.
NRS 159.015 Courtdefined.
NRS 159.017 Guardiandefined.
NRS 159.019 Incompetentdefined.
NRS 159.022 Limitedcapacity defined.
NRS 159.023 Minordefined.
NRS 159.024 Privateprofessional guardian defined.
NRS 159.025 Proposedward defined.
NRS 159.026 Specialguardian defined.
NRS 159.027 Warddefined.
NRS 159.028 Terms:Writing or written.
NRS 159.033 Applicationto guardians ad litem.
PROCEDURE IN GUARDIANSHIP PROCEEDINGS
NRS 159.034 Noticeby petitioner: To whom required; manner for providing; waiver of requirement;proof of giving filed with court.
NRS 159.0345 Courtauthorized to alter requirements concerning publication of notice.
NRS 159.0355 Facsimileof certain papers may be filed with court.
NRS 159.036 Givingof notices and issuance of citations by clerk of court.
NRS 159.0365 Proceedingspending in another state.
NRS 159.037 Venuefor appointment of guardian.
NRS 159.039 Proceedingscommenced in more than one county.
NRS 159.041 Transferof proceedings to another county.
NRS 159.043 Titlesof petitions; captions of petitions and other documents.
NRS 159.044 Petitionfor appointment of guardian: Who may submit; content.
NRS 159.0455 Appointment,duties and compensation of guardians ad litem.
NRS 159.046 Appointment,duties and compensation of investigators.
NRS 159.047 Issuanceof citation upon filing of petition for appointment of guardian; personsrequired to be served.
NRS 159.0475 Mannerof serving citation.
NRS 159.048 Contentsof citation.
NRS 159.0483 Attorneyfor minor ward or proposed minor ward.
NRS 159.0485 Appointment,duties and compensation of attorney for adult ward or proposed adult ward.
APPOINTMENT OF GUARDIANS
NRS 159.0487 Typesof guardians.
NRS 159.049 Appointmentwithout issuance of citation.
NRS 159.052 Temporaryguardian for minor ward who is unable to respond to substantial and immediaterisk of physical harm or to need for immediate medical attention: Petition forappointment; conditions; required notice; extension; limited powers.
NRS 159.0523 Temporaryguardian for adult ward who is unable to respond to substantial and immediaterisk of physical harm or to need for immediate medical attention: Petition forappointment; conditions; required notice; extension; limited powers.
NRS 159.0525 Temporaryguardian for ward who is unable to respond to substantial and immediate risk offinancial loss: Petition for appointment; conditions; required notice;extension; limited powers.
NRS 159.0535 Attendanceof proposed ward at hearing.
NRS 159.054 Findingand order of court upon petition: Dismissal of petition; appointment of specialor general guardian.
NRS 159.055 Burdenof proof; order appointing guardian; notice of entry of order.
NRS 159.057 Guardianfor two or more wards.
NRS 159.059 Qualificationsof guardian.
NRS 159.0595 Privateprofessional guardians.
NRS 159.061 Preferencefor parent of minor; other considerations in determining qualifications andsuitability of guardian; appointment of public guardian or private fiduciary.
NRS 159.0615 Appointmentof master of court or special master to identify person most qualified andsuitable to serve as guardian; hearing; recommendation.
NRS 159.0617 Courtor master of court or special master authorized to allow certain persons totestify at hearing to determine person most qualified and suitable to serve asguardian.
NRS 159.062 Guardiannominated by will.
NRS 159.065 Bond:General requirements; approval by clerk; liability of sureties; not requiredunder certain circumstances.
NRS 159.067 Bond:Court may require increase, decrease or other change; exoneration of formersureties.
NRS 159.069 Bond:Filing; remedy for breach.
NRS 159.071 Bond:Limitations on action.
NRS 159.073 Takingoath of office; filing appropriate documents.
NRS 159.074 Copyof order of appointment to be served upon ward; notice of entry of order to befiled with court.
NRS 159.075 Lettersof guardianship.
ADMINISTRATION OF SMALLER ESTATES
NRS 159.0755 Dispositionof estate having value not exceeding by more than $5,000 aggregate amount ofunpaid expenses of and claims against estate.
NRS 159.076 Summaryadministration.
POWERS AND DUTIES OF GUARDIANS
NRS 159.077 Generalfunctions of guardian of person and estate.
NRS 159.078 Guardianrequired to petition court for authority to take certain actions.
NRS 159.079 Generalfunctions of guardian of person.
NRS 159.0795 Supervisoryauthority and powers of special guardian.
NRS 159.0801 Specialguardian of person of limited capacity: Approval of court generally requiredbefore commencing act relating to person; grant of certain powers by court.
NRS 159.0805 Approvalof court required before guardian may consent to certain treatment, experimentor commitment of ward; conditions for approval.
NRS 159.081 Reportsby guardian of person.
NRS 159.083 Generalfunctions of guardian of estate.
NRS 159.085 Inventory,supplemental inventory and appraisal of property of ward.
NRS 159.086 Guardianof estate to cause appraisal or valuation of assets of guardianship estate;record or statement in lieu of appraisal.
NRS 159.0865 Certificationof appraiser, certified public accountant or expert in valuation; form ofappraisal or valuation; purchase by appraiser, certified public accountant orexpert in valuation without disclosure prohibited; penalties.
NRS 159.087 Recordingletters of guardianship.
NRS 159.089 Possessionof and title to property of ward; guardian to secure certain documents.
NRS 159.0895 Assetsretained to pay expenses of funeral and disposal of remains of ward: Amountexempt from all claims; placement in account or trust; reversion of excess toestate of ward.
NRS 159.091 Discoveryof debts or property.
NRS 159.093 Collectingobligations due ward.
NRS 159.095 Representingward in legal proceedings.
NRS 159.097 Voidablecontracts and transactions of ward.
NRS 159.099 Liabilityof guardian of estate on contracts for ward.
NRS 159.101 Exercisingrights under stock ownership of ward.
NRS 159.103 Claimsagainst estate of ward.
NRS 159.105 Paymentof claims of guardian, claims arising from contracts of guardian and claims forattorneys fees; report of claims and payment.
NRS 159.107 Presentmentand verification of claims.
NRS 159.109 Examinationand allowance or rejection of claims by guardian.
NRS 159.111 Recourseof claimant when claim rejected or not acted upon.
MANAGEMENT OF ESTATE
NRS 159.113 Guardianto petition court before taking certain actions; content of petition.
NRS 159.115 Noticeof hearing of petition or account.
NRS 159.117 Courtapproval required to make certain investments, loans and to exercise certainoptions; certain investments authorized without prior approval; investingproperty of two or more wards.
NRS 159.119 Continuingbusiness of ward.
NRS 159.121 Borrowingmoney for ward.
NRS 159.123 Contractsof ward.
NRS 159.125 Giftsfrom estate of ward; expenditures for relatives of ward.
TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY
General Provisions
NRS 159.127 Purposesfor which property of ward may be sold, leased or placed in trust.
NRS 159.132 Propertyof ward subject to sale.
Sale of Real Property
NRS 159.134 Sellingreal property of ward.
NRS 159.136 Orderrequiring guardian to sell real property of estate.
NRS 159.1365 Applicationof money from sale of real property of ward that is subject to mortgage orother lien.
NRS 159.1375 Saleof real property of ward to holder of mortgage or lien on such property.
NRS 159.138 Saleof equity of estate in real property of ward that is subject to mortgage orlien and of property that is subject to mortgage or lien.
NRS 159.1385 Contractfor sale of real property of ward authorized; limitation on commission;liability of guardian and estate.
NRS 159.1415 Presentationof offer to purchase real property to court for confirmation; division ofcommission for sale of such property.
NRS 159.142 Saleof interest of ward in real property owned jointly with one or more persons.
NRS 159.1425 Noticeof sale of real property of ward: When required; manner of providing; waiver;content.
NRS 159.1435 Publicauction for sale of real property: Where held; postponement.
NRS 159.144 Saleof real property of guardianship estate at private sale: Requirements forestablishing date; manner of making offers.
NRS 159.1455 Confirmationby court of sale of real property of guardianship estate at private sale.
NRS 159.146 Hearingto confirm sale of real property: Considerations; conditions for confirmation;actions of court if sale is not confirmed; continuance.
NRS 159.1465 Conveyanceof real property of guardianship estate to purchaser upon confirmation of saleby court.
NRS 159.1475 Saleof real property made upon credit.
NRS 159.148 Neglector refusal of purchaser of real property to comply with terms of sale.
NRS 159.1495 Fraudulentsale of real property of ward by guardian.
NRS 159.1505 Periodsof limitation for actions to recover or set aside sale of real property.
Sale of Personal Property
NRS 159.1515 Saleof personal property of ward by guardian without notice.
NRS 159.152 Saleof security of ward by guardian.
NRS 159.1535 Noticeof sale of personal property of ward: When required; manner of providingcontent.
NRS 159.154 Placeand manner of sale of personal property of ward.
NRS 159.156 Saleof interest in partnership, interest in personal property pledged to ward andchoses in action of estate of ward.
Lease of Property
NRS 159.157 Leaseof property of ward.
NRS 159.159 Contractwith broker to secure lessee.
NRS 159.161 Petitionfor approval of lease: Content; conditions for approval.
NRS 159.163 Agreementfor rental or bailment of personal property.
NRS 159.165 Leaseof mining claim or mineral rights; option to purchase.
Agreement to Sell or Give Option to Purchase Mining Claim
NRS 159.1653 Petitionto enter into agreement; setting date of hearing; notice.
NRS 159.1657 Hearingon petition; court order; recording of court order.
NRS 159.166 Bondand actions required upon court order to enter into agreement.
NRS 159.1663 Neglector refusal of purchaser of mining claim or of option holder to comply withterms of agreement.
NRS 159.1667 Petitionfor confirmation of proceedings concerning agreement: When required; notice;hearing.
Miscellaneous Provisions
NRS 159.167 Specialsale of property of ward or surrender of interest therein.
NRS 159.169 Advice,instructions and approval of acts of guardian.
NRS 159.171 Executingand recording legal documents.
NRS 159.173 Transferof property of ward not ademption.
NRS 159.175 Exchangeor partition of property of ward.
ACCOUNTINGS
NRS 159.176 Reviewof guardianship by court.
NRS 159.177 Timefor filing account.
NRS 159.179 Contentsof account; retention of receipts or vouchers for all expenditures; provingpayment when receipt or voucher is lost.
NRS 159.181 Hearingof account.
NRS 159.183 Compensationand expenses of guardian.
REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OFGUARDIANSHIP
Removal of Guardian
NRS 159.185 Conditions.
NRS 159.1853 Petitionfor removal.
NRS 159.1855 Issuanceand service of citation concerning filing of petition for removal; actions ofcourt if ward or estate may suffer loss or injury during time required forservice.
NRS 159.1857 Actionsof court when petition to remove guardian is deemed sufficient and guardianfails to appear.
NRS 159.186 Additionallimitation governing removal of guardian of minor; considerations for court indetermining best interests of minor; removal of guardian of minor.
NRS 159.187 Successorguardians.
Resignation of Guardian
NRS 159.1873 Petitiontendering resignation.
NRS 159.1875 Approvalof resignation of guardian of person.
NRS 159.1877 Resignationof guardian of estate: Accounting required before approval; sanctions forfailure to file accounting; acceptance when estate has more than one guardian;court order.
Termination of Guardianship
NRS 159.1905 Petitionfor termination or modification; appointment of attorney to represent ward;burden of proof; issuance of citation; penalties for not filing petition ingood faith.
NRS 159.191 Terminationof guardianship.
NRS 159.192 Terminationof temporary guardianship.
NRS 159.193 Windingup affairs.
NRS 159.195 Dispositionof claims of creditor after termination of guardianship by death of ward.
NRS 159.197 Deliveryof physical possession of property of ward; petition to modify title to suchproperty; handling property of deceased ward.
NRS 159.199 Dischargeof guardian; exoneration of bond; order of discharge.
TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA
NRS 159.203 Deliveringproperty or paying obligations to foreign guardian.
APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT
NRS 159.205 Appointmentof short-term guardianship for minor child by parent: When authorized; contentof written instrument; term; termination.
NRS 159.215 Guardianof person of minor child of member of Armed Forces.
ACTS AGAINST OR AFFECTING WARD OR PROPOSED WARD
NRS 159.305 Petitionalleging that person disposed of money of ward or has evidence of interest ofward in or to property.
NRS 159.315 Orderof court upon findings concerning allegations that person disposed of money ofward or has evidence of interest of ward in or to property; nonappearance ornoncompliance by person cited; effect of order.
APPEALS
NRS 159.325 Appealsto Supreme Court.
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GENERAL PROVISIONS
NRS
(Added to NRS by 1969, 412; A 1981, 1933;
NRS
(Added to NRS by 1969, 412; A 1981, 1933;
NRS
(Added to NRS by
NRS
(Added to NRS by 1969, 412; A 1981, 1933)
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(Added to NRS by 1969, 412; A 1971, 1010; 1981, 1933;1999, 849)
NRS
(Added to NRS by 1969, 412; A
NRS
1. The person is able to make independently some butnot all of the decisions necessary for the persons own care and the managementof the persons property; and
2. The person is not a minor.
(Added to NRS by 1981, 1931; A
NRS
1. Less than 18 years of age; or
2. Less than 19 years of age if the guardianship iscontinued until the person reaches the age of 19 years pursuant to
(Added to NRS by 1969, 412; A
NRS
1. A governmental agency.
2. A public guardian appointed or designated pursuantto the provisions of chapter 253 of NRS.
3. A banking corporation, as defined in
4. A trustcompany, as defined in NRS 669.070.
5. A court-appointed attorney licensed to practice lawin this State.
(Added to NRS by
NRS
(Added to NRS by 1969, 412)
NRS
(Added to NRS by 1981, 1931; A
NRS
(Added to NRS by 1969, 412)
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(Added to NRS by
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(Added to NRS by 1969, 412; A
PROCEDURE IN GUARDIANSHIP PROCEEDINGS
NRS
1. Except as otherwise provided in this section, byspecific statute or as ordered by the court, a petitioner in a guardianshipproceeding shall give notice of the time and place of the hearing on thepetition to:
(a) Each interested person or the attorney of theinterested person;
(b) Any person entitled to notice pursuant to thischapter or his attorney; and
(c) Any other person who has filed a request for noticein the guardianship proceedings.
2. The petitioner shall give notice not later than 10days before the date set for the hearing:
(a) By mailing a copy of the notice by certified,registered or ordinary first-class mail to the residence, office or post officeaddress of each person required to be notified pursuant to this section;
(b) By personal service; or
(c) In any other manner ordered by the court, upon ashowing of good cause.
3. If the address or identity of a person required tobe notified of a hearing on a petition pursuant to this section is not knownand cannot be ascertained with reasonable diligence, notice must be given:
(a) By publishing a copy of the notice in a newspaperof general circulation in the county where the hearing is to be held at leastonce every 7 days for 21 consecutive days, the last publication of which mustoccur not later than 10 days before the date set for the hearing; or
(b) In any other manner ordered by the court, upon ashowing of good cause.
4. For good cause shown, the court may waive therequirement of giving notice.
5. A person entitled to notice pursuant to thissection may waive such notice. Such a waiver must be in writing and filed withthe court.
6. On or before the date set for the hearing, thepetitioner shall file with the court proof of giving notice to each personentitled to notice pursuant to this section.
(Added to NRS by
NRS
1. Allow fewer publications to be made within the timefor publication; and
2. Extend or shorten the time in which thepublications must be made.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. If the court has reason to believe thatguardianship proceedings may be pending in another state concerning a ward orproposed ward, the court may order communication with the court in the otherstate:
(a) To determine the involvement or interest of eachjurisdiction;
(b) To promote cooperation, expand the exchange ofinformation and provide any other form of assistance; and
(c) To determine the appropriate jurisdiction for theproceedings.
2. As used in this section, guardianship includes,without limitation, a conservatorship.
(Added to NRS by
NRS
1. The venue for the appointment of a guardian mustbe:
(a) The county where the proposed ward resides; or
(b) If the proposed ward does not reside in this state,any county in which any property of the proposed ward is located, or any countyin which the proposed ward is physically present.
2. If the proper venue may be in two or more counties,the county in which the proceeding is first commenced is the proper county inwhich to continue the proceedings.
3. Upon the filing of a petition showing that theproper venue is inconvenient, a venue other than that provided in subsection 1may accept the proceeding.
(Added to NRS by 1969, 413; A
NRS
1. If proceedings for the appointment of a guardianfor the same proposed ward are commenced in more than one county, they shall bestayed, except in the county where first commenced, until final determinationof venue in that county. If the proper venue is finally determined to be inanother county, the court shall cause a transcript of the proceedings and alloriginal papers filed therein, all certified by the clerk of the court, to besent to the clerk of the court of the proper county.
2. A proceeding is considered commenced by the filingof a petition.
3. The proceedings first legally commenced for theappointment of a guardian of the estate or of the person and estate extends toall the property of the proposed ward which is in this state.
(Added to NRS by 1969, 413)
NRS
(Added to NRS by 1969, 413)
NRS
1. All petitions filed in any guardianship proceedingmust bear the title of the court and cause.
2. The caption of all petitions and other documentsfiled in a guardianship proceeding must read, In The Matter of theGuardianship of ................ (the person, the estate, or the person andestate), ................ (the legal name of the person), ................(adult or minor).
(Added to NRS by 1969, 413; A 1981, 1934;
NRS
1. Except as otherwise provided in
2. To the extent the petitioner knows or reasonablymay ascertain or obtain, the petition must include, without limitation:
(a) The name and address of the petitioner.
(b) The name, date of birth and current address of theproposed ward.
(c) A copy of one of the following forms ofidentification of the proposed ward which must be placed in the recordsrelating to the guardianship proceeding and, except as otherwise required tocarry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid drivers license number;
(4) A valid identification card number; or
(5) A valid passport number.
If theinformation required pursuant to this paragraph is not included with the petition,the information must be provided to the court not later than 60 days after theappointment of a guardian or as otherwise ordered by the court.
(d) If the proposed ward is a minor, the date on whichhe will attain the age of majority and:
(1) Whether there is a current order concerningcustody and, if so, the state in which the order was issued; and
(2) Whether the petitioner anticipates that theproposed ward will need guardianship after attaining the age of majority.
(e) Whether the proposed ward is a resident ornonresident of this State.
(f) The names and addresses of the spouse of theproposed ward and the relatives of the proposed ward who are within the seconddegree of consanguinity.
(g) The name, date of birth and current address of theproposed guardian. If the proposed guardian is a private professional guardian,the petition must include proof that the guardian meets the requirements of
(h) A copy of one of the following forms ofidentification of the proposed guardian which must be placed in the recordsrelating to the guardianship proceeding and, except as otherwise required tocarry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid drivers license number;
(4) A valid identification card number; or
(5) A valid passport number.
(i) Whether the proposed guardian has ever beenconvicted of a felony and, if so, information concerning the crime for which hewas convicted and whether the proposed guardian was placed on probation orparole.
(j) A summary of the reasons why a guardian is neededand recent documentation demonstrating the need for a guardianship. Thedocumentation may include, without limitation:
(1) A certificate signed by a physician who islicensed to practice medicine in this State stating the need for a guardian;
(2) A letter signed by any governmental agencyin this State which conducts investigations stating the need for a guardian; or
(3) A certificate signed by any other personwhom the court finds qualified to execute a certificate stating the need for aguardian.
(k) Whether the appointment of a general or a special guardianis sought.
(l) A general description and the probable value of theproperty of the proposed ward and any income to which the proposed ward is orwill be entitled, if the petition is for the appointment of a guardian of theestate or a special guardian. If any money is paid or is payable to theproposed ward by the United States through the Department of Veterans Affairs,the petition must so state.
(m) The name and address of any person or care providerhaving the care, custody or control of the proposed ward.
(n) The relationship, if any, of the petitioner to theproposed ward and the interest, if any, of the petitioner in the appointment.
(o) Requests for any of the specific powers set forthin NRS 159.117 to
(p) Whether the guardianship is sought as the result ofan investigation of a report of abuse or neglect that is conducted pursuant to
(q) Whether the proposed ward is a party to any pendingcriminal or civil litigation.
(r) Whether the guardianship is sought for the purposeof initiating litigation.
(s) Whether the proposed ward has executed a durablepower of attorney for health care, a durable power of attorney for financialmatters or a written nomination of guardian and, if so, who the named agentsare for each document.
(Added to NRS by 1981, 1931; A 1989, 533; 1995, 1076,2771; 1997, 1343; 1999,1396; 2001Special Session, 15;
NRS
1. On or after the date of the filing of a petition toappoint a guardian:
(a) The court may appoint a person to represent theward or proposed ward as a guardian ad litem; and
(b) The guardian ad litem must represent the ward orproposed ward as a guardian ad litem until relieved of that duty by courtorder.
2. Upon the appointment of the guardian ad litem, thecourt shall set forth in the order of appointment the duties of the guardian adlitem.
3. The guardian ad litem is entitled to reasonablecompensation from the estate of the ward or proposed ward. If the court findsthat a person has unnecessarily or unreasonably caused the appointment of aguardian ad litem, the court may order the person to pay to the estate of theward or proposed ward all or part of the expenses associated with theappointment of the guardian ad litem.
(Added to NRS by
NRS
1. Upon filingof the petition, or any time thereafter, the court may appoint one or moreinvestigators to:
(a) Locatepersons who perform services needed by the proposed ward and other public andprivate resources available to the proposed ward.
(b) Determineany competing interests in the appointment of a guardian.
(c) Investigateallegations or claims which affect a ward or proposed ward.
2. An investigator may be an employee of a socialservice agency, family service officer of the court, public guardian, physicianor other qualified person.
3. An investigator shall file with the court andparties a report concerning the scope of the appointment of the guardian andany special powers which a guardian would need to assist the proposed ward.
4. An investigator who is appointed pursuant to thissection is entitled to reasonable compensation from the estate of the proposedward. If the court finds that a person has unnecessarily or unreasonably causedthe investigation, the court may order the person to pay to the estate of theproposed ward all or part of the expenses associated with the investigation.
(Added to NRS by 1981, 1932; A
NRS
1. Except as otherwise provided in
2. A citation issued under subsection 1 must beserved:
(a) Upon aproposed ward who is 14 years of age or older;
(b) Upon thespouse of the proposed ward and all other known relatives of the proposed wardwho are:
(1) Fourteenyears of age or older; and
(2) Withinthe second degree of consanguinity;
(c) Upon theparent or legal guardian of all known relatives of the proposed ward who are:
(1) Lessthan 14 years of age; and
(2) Withinthe second degree of consanguinity;
(d) If there isno spouse of the proposed ward and there are no known relatives of the proposedward who are within the second degree of consanguinity to the proposed ward,upon the office of the public guardian of the county where the proposed wardresides; and
(e) Upon any person or officer of a care providerhaving the care, custody or control of the proposed ward.
(Added to NRS by 1969, 414; A 1981, 1934;
NRS
1. A copy of the citation issued pursuant to
(a) Certified mail, with a return receipt requested, oneach person required to be served pursuant to NRS159.047 at least 20 days before the hearing; or
(b) Personal service in the manner provided pursuant toN.R.C.P. 4(d) at least 10 daysbefore the date set for the hearing on each person required to be servedpursuant to NRS 159.047.
2. If none of the persons on whom the citation is tobe served can, after due diligence, be served by certified mail or personalservice and this fact is proven, by affidavit, to the satisfaction of thecourt, service of the citation must be made by publication in the mannerprovided by N.R.C.P. 4(e). Inall such cases, the citation must be published at least 20 days before the dateset for the hearing.
3. A citation need not be served on a person or anofficer of the care provider who has signed the petition or a written waiver ofservice of citation or who makes a general appearance.
4. If theproposed ward is receiving money paid or payable by the United States throughthe Department of Veterans Affairs, a copy of the citation must be mailed toany office of the Department of Veterans Affairs in this State, unless theDepartment of Veterans Affairs has executed a written waiver of service ofcitation.
5. The courtmay find that notice is sufficient if:
(a) Thecitation has been served by certified mail, with a return receipt requested, orby personal service on the proposed ward, care provider or public guardianrequired to be served pursuant to NRS159.047; and
(b) At least one relative of the proposed ward who isrequired to be served pursuant to NRS159.047 has been served, as evidenced by the return receipt or the certificateof service. If the court finds that at least one relative of the proposed wardhas not received notice that is sufficient, the court will require the citationto be published pursuant to subsection 2.
(Added to NRS by 1969, 414; A 1981, 1935; 1995, 1077;2003, 1775)
NRS
1. Proposed ward may be adjudged to be incompetent orof limited capacity and a guardian may be appointed for the proposed ward;
2. Proposed wards rights may be affected as specifiedin the petition;
3. Proposed ward has the right to appear at thehearing and to oppose the petition; and
4. Proposed ward has the right to be represented by anattorney, who may be appointed for the proposed ward by the court if theproposed ward is unable to retain one.
(Added to NRS by 1981, 1931; A
NRS
(Added to NRS by
NRS
1. If an adult ward or proposed adult ward is unableto retain legal counsel and requests the appointment of counsel, at any stagein a guardianship proceeding and whether or not the adult ward or proposedadult ward lacks or appears to lack capacity, the court shall, at or before thetime of the next hearing, appoint an attorney who works for legal aid services,if available, or a private attorney to represent the adult ward or proposedadult ward. The appointed attorney must represent the adult ward or proposedadult ward until relieved of the duty by court order.
2. Subject to the discretion and approval of thecourt, the attorney for the adult ward or proposed adult ward is entitled toreasonable compensation which must be paid from the estate of the adult ward orproposed adult ward. If the court finds that a person has unnecessarily orunreasonably caused the appointment of an attorney, the court may order theperson to pay to the estate of the adult ward or proposed adult ward all orpart of the expenses associated with the appointment of the attorney.
(Added to NRS by
APPOINTMENT OF GUARDIANS
NRS
1. Guardians of the person, of the estate, or of theperson and estate for resident incompetents or resident minors.
2. Guardians of the person or of the person and estatefor incompetents or minors who, although not residents of this State, arephysically present in this State and whose welfare requires such anappointment.
3. Guardians of the estate for nonresidentincompetents or nonresident minors who have property within this State.
4. Guardians of the person, of the estate, or of theperson and estate for incompetents or minors who previously have been appointedby the court of another state and who provide proof of the filing of anexemplified copy of the order from the court of the other state that appointedthe guardian and a bond issued in this State as ordered by the court of theother state. As used in this subsection, guardian includes, withoutlimitation, a conservator.
5. Special guardians.
6. Guardians ad litem.
(Added to NRS by 1969, 412; A 1981, 1934;
NRS
1. Petitioner is a parent who has sole legal andphysical custody of the proposed ward as evidenced by a valid court order orbirth certificate and who is seekingthe appointment of a guardian for the minor child of the parent. If theproposed ward is a minor who is 14 years of age or older:
(a) The petition must be accompanied by the writtenconsent of the minor to the appointment of the guardian; or
(b) The minor must consent to the appointment of theguardian in open court.
2. Petitioner is a foreign guardian of a nonresidentproposed ward, and the petition is accompanied by:
(a) An exemplified copy of the record of theappointment of the foreign guardian; and
(b) Evidence of the existing authority of the foreignguardian.
(Added to NRS by 1969, 414; A 1981, 1934; 1997, 1194;2003, 1776)
NRS
1. A petitioner may request the court to appoint atemporary guardian for a ward who is a minor and who is unable to respond to asubstantial and immediate risk of physical harm or to a need for immediatemedical attention. To support the request, the petitioner must set forth in apetition and present to the court under oath:
(a) Facts which show that the proposed ward faces asubstantial and immediate risk of physical harm or needs immediate medicalattention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith tonotify the persons entitled to notice pursuant to
(2) The proposed ward would be exposed to animmediate risk of physical harm if the petitioner were to provide notice to thepersons entitled to notice pursuant to NRS159.047 before the court determines whether to appoint a temporary guardian;or
(3) Giving notice to the persons entitled to noticepursuant to NRS 159.047 is not feasibleunder the circumstances.
2. The court may appoint a temporary guardian to servefor 10 days if the court:
(a) Finds reasonable cause to believe that the proposedward may suffer a substantial and immediate risk of physical harm or needsimmediate medical attention; and
(b) Is satisfied that the petitioner has tried in goodfaith to notify the persons entitled to notice pursuant to
3. Except as otherwise provided in subsection 4, afterthe appointment of a temporary guardian, the petitioner shall attempt in goodfaith to notify the persons entitled to notice pursuant to
4. If, before the appointment of a temporary guardian,the court determined that advance notice was not required pursuant tosubparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notifythe persons entitled to notice pursuant to NRS159.047 without undue delay, but not later than 48 hours after theappointment of the temporary guardian or not later than 48 hours after thepetitioner discovers the existence, identity and location of the personsentitled to notice pursuant to that section. If the petitioner fails to providesuch notice, the court may terminate the temporary guardianship.
5. Not later than 10 days after the date of theappointment of a temporary guardian pursuant to subsection 2, the court shallhold a hearing to determine the need to extend the temporary guardianship.Except as otherwise provided in subsections 7 and 8, if the court finds byclear and convincing evidence that the proposed ward is unable to respond to asubstantial and immediate risk of physical harm or to a need for immediatemedical attention, the court may extend the temporary guardianship until ageneral or special guardian is appointed, but not for more than 30 days.
6. If the court appoints a temporary guardian orextends the temporary guardianship pursuant to this section, the court shalllimit the powers of the temporary guardian to those necessary to respond to thesubstantial and immediate risk of physical harm or to a need for immediatemedical attention.
7. The court may not extend a temporary guardianshippursuant to subsection 5 beyond the initial period of 10 days unless thepetitioner demonstrates that:
(a) The provisions of
(b) Notice by publication pursuant to
8. In addition to any other extension granted pursuantto this section, the court may extend the temporary guardianship, for goodcause shown, for not more than two 30-day periods.
(Added to NRS by 1981, 1932; A 1997, 1194;
NRS
1. A petitioner may request the court to appoint atemporary guardian for a ward who is an adult and who is unable to respond to asubstantial and immediate risk of physical harm or to a need for immediatemedical attention. To support the request, the petitioner must set forth in apetition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk ofphysical harm or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk ofharm or to obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith tonotify the persons entitled to notice pursuant to
(2) The proposed ward would be exposed to animmediate risk of physical harm if the petitioner were to provide notice to thepersons entitled to notice pursuant to NRS159.047 before the court determines whether to appoint a temporary guardian;or
(3) Giving notice to the persons entitled tonotice pursuant to NRS 159.047 is notfeasible under the circumstances.
2. The court may appoint a temporary guardian to servefor 10 days if the court:
(a) Finds reasonable cause to believe that the proposedward is unable to respond to a substantial and immediate risk of physical harmor to a need for immediate medical attention;
(b) Is satisfied that the petitioner has tried in goodfaith to notify the persons entitled to notice pursuant to
(c) Finds that the petition required pursuant to subsection1 is accompanied by:
(1) A certificate signed by a physician who islicensed to practice in this State which states that the proposed ward isunable to respond to a substantial and immediate risk of physical harm or to aneed for immediate medical attention; or
(2) The affidavit of the petitioner whichexplains the reasons why the certificate described in subparagraph (1) is notimmediately obtainable.
3. Except as otherwise provided in subsection 4, afterthe appointment of a temporary guardian, the petitioner shall attempt in goodfaith to notify the persons entitled to notice pursuant to
4. If, before the appointment of a temporary guardian,the court determined that advance notice was not required pursuant tosubparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notifythe persons entitled to notice pursuant to NRS159.047 without undue delay, but not later than 48 hours after theappointment of the temporary guardian or not later than 48 hours after thepetitioner discovers the existence, identity and location of the personsentitled to notice pursuant to that section. If the petitioner fails to providesuch notice, the court may terminate the temporary guardianship.
5. Not later than 10 days after the date of theappointment of a temporary guardian pursuant to subsection 2, the court shallhold a hearing to determine the need to extend the temporary guardianship.Except as otherwise provided in subsections 7 and 8, the court may extend thetemporary guardianship until a general or special guardian is appointed, butnot for more than 30 days, if:
(a) The certificate required by subsection 2 has beenfiled and the court finds by clear and convincing evidence that the proposedward is unable to respond to a substantial and immediate risk of physical harmor to a need for immediate medical attention; or
(b) The certificate required by subsection 2 has notbeen filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to asubstantial and immediate risk of physical harm or to a need for immediatemedical attention;
(2) Circumstances have prevented the petitioneror temporary guardian from obtaining the certificate required pursuant tosubsection 2; and
(3) The extension of the temporary guardianshipis necessary and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian orextends the temporary guardianship pursuant to this section, the court shalllimit the powers of the temporary guardian to those necessary to respond to thesubstantial and immediate risk of physical harm or to a need for immediatemedical attention.
7. The court may not extend a temporary guardianshippursuant to subsection 5 beyond the initial period of 10 days unless thepetitioner demonstrates that:
(a) The provisions of
(b) Notice by publication pursuant to
8. In addition to any other extension granted pursuantto this section, the court may extend the temporary guardianship, for goodcause shown, for not more than two 30-day periods.
(Added to NRS by
NRS
1. A petitioner may request the court to appoint atemporary guardian for a ward who is unable to respond to a substantial andimmediate risk of financial loss. To support the request, the petitioner mustset forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk offinancial loss; and
(2) Lacks capacity to respond to the risk ofloss; and
(b) Facts which show that:
(1) The petitioner has tried in good faith tonotify the persons entitled to notice pursuant to
(2) The proposed ward would be exposed to animmediate risk of financial loss if the petitioner were to provide notice to thepersons entitled to notice pursuant to NRS159.047 before the court determines whether to appoint a temporary guardian;or
(3) Giving notice to the persons entitled tonotice pursuant to NRS 159.047 is notfeasible under the circumstances.
2. The court may appoint a temporary guardian to servefor 10 days if the court:
(a) Finds reasonable cause to believe that the proposedward is unable to respond to a substantial and immediate risk of financialloss;
(b) Is satisfied that the petitioner has tried in goodfaith to notify the persons entitled to notice pursuant to
(c) For a proposed ward who is an adult, finds that thepetition required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician who islicensed to practice in this State which states that the proposed ward isunable to respond to a substantial and immediate risk of financial loss; or
(2) The affidavit of the petitioner whichexplains the reasons why the certificate described in subparagraph (1) is notimmediately obtainable.
3. Except as otherwise provided in subsection 4, afterthe appointment of a temporary guardian, the petitioner shall attempt in goodfaith to notify the persons entitled to notice pursuant to
4. If, before the appointment of a temporary guardian,the court determined that advance notice was not required pursuant tosubparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notifythe persons entitled to notice pursuant to NRS159.047 without undue delay, but not later than 48 hours after theappointment of the temporary guardian or not later than 48 hours after thepetitioner discovers the existence, identity and location of the personsentitled to notice pursuant to that section. If the petitioner fails to providesuch notice, the court may terminate the temporary guardianship.
5. Not later than 10 days after the date of theappointment of a temporary guardian pursuant to subsection 2, the court shallhold a hearing to determine the need to extend the temporary guardianship.Except as otherwise provided in subsections 7 and 8, if the proposed ward is aminor and the court finds by clear and convincing evidence that the proposedward is unable to respond to a substantial and immediate risk of financialloss, the court may extend the temporary guardianship until a general orspecial guardian is appointed, but not for more than 30 days. Except asotherwise provided in subsection 7, if the proposed ward is an adult, the courtmay extend the temporary guardianship until a general or special guardian is appointed,but not for more than 30 days, if:
(a) The certificate required by subsection 2 has beenfiled and the court finds by clear and convincing evidence that the proposedward is unable to respond to a substantial and immediate risk of financialloss; or
(b) The certificate required by subsection 2 has notbeen filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to asubstantial and immediate risk of financial loss;
(2) Circumstances have prevented the petitioneror temporary guardian from obtaining the certificate required pursuant tosubsection 2; and
(3) The extension of the temporary guardianshipis necessary and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian orextends the temporary guardianship pursuant to this section, the court shalllimit the powers of the temporary guardian to those necessary to respond to thesubstantial and immediate risk of financial loss.
7. The court may not extend a temporary guardianshippursuant to subsection 5 beyond the initial period of 10 days unless thepetitioner demonstrates that:
(a) The provisions of
(b) Notice by publication pursuant to
8. In addition to any other extension granted pursuantto this section, the court may extend the temporary guardianship, for goodcause shown, for not more than two 30-day periods.
(Added to NRS by
NRS
1. A proposedward who is found in this state must attend the hearing for the appointment ofa guardian unless:
(a) Acertificate signed by a physician who is licensed to practice in this statespecifically states the condition of the proposed ward and the reasons why theproposed ward is unable to appear in court; or
(b) A certificate signed by any other person the courtfinds qualified to execute a certificate states the condition of the proposedward and the reasons why the proposed ward is unable to appear in court.
2. If the proposed ward is not in this state, theproposed ward must attend the hearing only if the court determines that theattendance of the proposed ward is necessary in the interests of justice.
(Added to NRS by 1981, 1932; A
NRS
1. If the court finds the proposed ward competent andnot in need of a guardian, the court shall dismiss the petition.
2. If the court finds the proposed ward to be oflimited capacity and in need of a special guardian, the court shall enter an orderaccordingly and specify the powers and duties of the special guardian.
3. If the court finds that appointment of a generalguardian is required, the court shall appoint a general guardian of the wardsperson, estate, or person and estate.
(Added to NRS by 1981, 1932; A
NRS
1. The petitioner has the burden of proving by clearand convincing evidence that the appointment of a guardian of the person, ofthe estate, or of the person and estate is necessary.
2. If it appears to the court that the allegations ofthe petition are sufficient and that a guardian should be appointed for theproposed ward, the court shall enter an order appointing a guardian. The ordermust:
(a) Specify whether the guardian appointed is guardianof the person, of the estate, of the person and estate or a special guardian;
(b) Specify whether the ward is a resident ornonresident of this State;
(c) Specify the amount of the bond to be executed andfiled by the guardian; and
(d) Designate the names and addresses, so far as may bedetermined, of:
(1) Therelatives of the proposed ward upon whom notice must be served pursuant to
(2) Anyother interested person.
3. A notice ofentry of the court order must be sent to:
(a) Therelatives of the proposed ward upon whom notice must be served pursuant to
(b) Any other interested person.
(Added to NRS by 1969, 415; A 1981, 1936;
NRS
1. Where the appointment of a guardian is sought fortwo or more proposed wards who are children of a common parent, parent andchild or husband and wife, it is not necessary that separate petitions, bondsand other papers be filed with respect to each proposed ward or wards.
2. If a guardian is appointed for such wards, theguardian:
(a) Shall keep separate accounts of the estate of eachward;
(b) May make investments for each ward;
(c) May compromise and settle claims against one ormore wards; and
(d) May sell, lease, mortgage or otherwise manage theproperty of one or more wards.
3. The guardianship may be terminated with respect toless than all the wards in the same manner as provided by law with respect to aguardianship of a single ward.
(Added to NRS by 1969, 415; A
NRS
1. Is an incompetent.
2. Is a minor.
3. Has been convicted of a felony relating to theposition of a guardian, unless the court finds that it is in the best interestsof the ward to appoint the convicted felon as the guardian of the ward.
4. Has been suspended for misconduct or disbarredfrom:
(a) The practice of law;
(b) Thepractice of accounting; or
(c) Any otherprofession which:
(1) Involvesor may involve the management or sale of money, investments, securities or realproperty; and
(2) Requires licensure in this State or anyother state,
during theperiod of the suspension or disbarment.
5. Is a nonresident of this State and:
(a) Is not aforeign guardian of a nonresident proposed ward pursuant to subsection 2 of
(b) Has not associated as a coguardian, a resident ofthis State or a banking corporation whose principal place of business is inthis State; and
(c) Is not a petitioner in the guardianship proceeding.
6. Has been judicially determined, by clear andconvincing evidence, to have committed abuse, neglect or exploitation of achild, spouse, parent or other adult, unless the court finds that it is in thebest interests of the ward to appoint the person as the guardian of the ward.
(Added to NRS by 1969, 415; A 1971, 158; 1979, 788;
NRS
1. A private professional guardian, if a person, mustbe qualified to serve as a guardian pursuant to
2. A private professional guardian, if an entity, mustbe qualified to serve as a guardian pursuant to
3. As used in this section:
(a) Entity includes, without limitation, acorporation, whether or not for profit, a limited-liability company and apartnership.
(b) Master guardian means a person who is certifiedby the National Guardianship Foundation or any successor organization as amaster guardian.
(c) Person means a natural person.
(d) Registered guardian means a person who iscertified by the National Guardianship Foundation or any successor organizationas a registered guardian.
(Added to NRS by
NRS
1. The parents of a minor, or either parent, ifqualified and suitable, are preferred over all others for appointment asguardian for the minor. The appointment of a parent as a guardian of the personmust not conflict with a valid order for custody of the minor. In determiningwhether the parents of a minor, or either parent, is qualified and suitable,the court shall consider, without limitation:
(a) Which parent has physical custody of the minor;
(b) The ability of the parents or parent to provide forthe basic needs of the child, including, without limitation, food, shelter,clothing and medical care;
(c) Whether the parents or parent has engaged in thehabitual use of alcohol or any controlled substance during the previous 6 months,except the use of marijuana in accordance with the provisions of
(d) Whether the parents or parent has been convicted ofa crime of moral turpitude, a crime involving domestic violence or a crimeinvolving the exploitation of a child.
2. Subject to the preference set forth in subsection1, the court shall appoint as guardian for an incompetent, a person of limitedcapacity or minor the qualified person who is most suitable and is willing toserve.
3. In determining who is most suitable, the courtshall give consideration, among other factors, to:
(a) Any request for the appointment as guardian for anincompetent contained in a written instrument executed by the incompetent whilecompetent.
(b) Any nomination of a guardian for an incompetent,minor or person of limited capacity contained in a will or other writteninstrument executed by a parent or spouse of the proposed ward.
(c) Any request for the appointment as guardian for aminor 14 years of age or older made by the minor.
(d) Therelationship by blood, adoption or marriage of the proposed guardian to theproposed ward. In considering preferences of appointment, the court may considerrelatives of the half blood equally with those of the whole blood. The courtmay consider relatives in the following order of preference:
(1) Spouse.
(2) Adultchild.
(3) Parent.
(4) Adultsibling.
(5) Grandparentor adult grandchild.
(6) Uncle, aunt, adult niece or adult nephew.
(e) Any recommendation made by a master of the court orspecial master pursuant to NRS 159.0615.
(f) Any requestfor the appointment of any other interested person that the court deemsappropriate.
4. If the court finds that there is no suitable personto appoint as guardian pursuant to subsection 3, the court may appoint asguardian:
(a) The publicguardian of the county where the ward resides, if:
(1) Thereis a public guardian in the county where the ward resides; and
(2) Theproposed ward qualifies for a public guardian pursuant to
(b) A private fiduciary who may obtain a bond in thisState and who is a resident of this State, if the court finds that theinterests of the ward will be served appropriately by the appointment of aprivate fiduciary; or
(c) A private professional guardian who meets therequirements of NRS 159.0595.
(Added to NRS by 1969, 416; A 1981, 1936; 1997, 1344;1999, 142;
NRS
1. If the court determines that a person may be inneed of a guardian, the court may order the appointment of a master of thecourt or a special master from among the members of the State Bar of Nevada toconduct a hearing to identify the person most qualified and suitable to serveas guardian for the proposed ward.
2. Not later than 5 calendar days after the date ofthe hearing, the master of the court or special master shall prepare and submitto the court a recommendation regarding which person is most qualified andsuitable to serve as guardian for the proposed ward.
(Added to NRS by 1997, 1342; A
NRS
1. Has a personal interest in the well-being of theproposed ward; or
2. Possesses information that is relevant to thedetermination of who should serve as guardian for the proposed ward,
the court ora master of the court or special master appointed pursuant to
(Added to NRS by 1997, 1343; A
NRS
(Added to NRS by 1981, 1933)
NRS
1. Except as otherwise provided by law, every guardianshall, before entering upon his duties as guardian, execute and file in theguardianship proceeding a bond, with sufficient surety or sureties, in suchamount as the court determines necessary for the protection of the ward and theestate of the ward, and conditioned upon the faithful discharge by the guardianof his authority and duties according to law. The bond must be approved by theclerk. Sureties must be jointly and severally liable with the guardian and witheach other.
2. If a banking corporation, as defined in
3. Joint guardians may unite in a bond to the ward orwards, or each may give a separate bond.
4. If there are no assets of the ward, no bond isrequired of the guardian.
5. If a person is appointed in a will to be guardianand the will provides that no bond is to be required of the guardian, the courtmay direct letters of guardianship to issue to the guardian after the guardian:
(a) Takes and subscribes the oath of office; and
(b) Files theappropriate documents which contain the full legal name and address of theguardian.
6. In lieu of executing and filing a bond, theguardian may request that access to certain assets be blocked. The court maygrant the request and order letters of guardianship to issue to the guardian ifsufficient evidence is filed with the court to establish that such assets arebeing held in a manner that prevents the guardian from accessing the assetswithout a specific court order.
(Added to NRS by 1969, 416; A 1971, 1010; 1973, 386;
NRS
1. The court may at any time, for good cause and afternotice to the guardian, increase or decrease the amount of the bond required ofa guardian.
2. The court may at any time, where the bond or thesureties are determined to be insufficient or for other good cause, require aguardian to execute and file a new or additional bond. The court may exoneratethe sureties on a former bond from any liabilities thereunder arising from theacts or omissions of their principal after such exoneration.
(Added to NRS by 1969, 417)
NRS
(Added to NRS by 1969, 417)
NRS
(Added to NRS by 1969, 417)
NRS
1. Take and subscribe the official oath which must:
(a) Be endorsed on the letters of guardianship; and
(b) State that the guardian will well and faithfullyperform the duties of guardian according to law.
2. File in the proceeding the appropriate documentswhich include, without limitation, the full legal name of the guardian and hisresidence and post office addresses.
(Added to NRS by 1969, 417; A
NRS
1. A copy of the order appointing the guardian must beserved personally or by mail upon the ward not later than 5 days after the dateof the appointment of the guardian.
2. The order must contain the names, addresses andtelephone numbers of the guardian, the wards attorney, if any, and theinvestigator.
3. A notice of entry of the order must be filed withthe court.
(Added to NRS by 1981, 1932; A
NRS
State of Nevada }
}ss.
County of................................. }
On .......... (month) .......... (day) ..........(year) the................ Judicial District Court, ................ County, State ofNevada, appointed......................... (name of guardian)...........................(guardian of the person or estate or person andestate or special guardian) for ........................, (name of ward) a(n)........................., (minor or adult) that the named guardian hasqualified and has the authority and shall perform the duties of ..............................................................................(guardian of the person or estate or person and estate or special guardian) forthe named ward as provided by law.
In Testimony Whereof, I have hereunto subscribed my name andaffixed the seal of the court at my office on .......... (month) ..........(day) .......... (year).
.......................................................................
Clerk
(SEAL)
.......................................................................
DeputyClerk
(Added to NRS by 1969, 417; A 1981, 1936;
ADMINISTRATION OF SMALLER ESTATES
NRS
(Added to NRS by 1969, 432; A
NRS
1. The court may grant a summary administration if, atany time, it appears to the court that after payment of all claims and expensesof the guardianship the value of the wards property does not exceed $5,000.
2. If the court grants a summary administration, thecourt may:
(a) Authorize the guardian of the estate or specialguardian who is authorized to manage the wards property to convert theproperty to cash and sell any of the property, with or without notice, as thecourt may direct. After the payment of all claims and the expenses of theguardianship, the guardian shall deposit the money in savings accounts orinvest the money as provided in NRS 159.117,and hold the investment and all interest, issues, dividends and profits for thebenefit of the ward. The court may dispense with annual accountings and allother proceedings required by this chapter.
(b) If the ward is a minor, terminate the guardianshipof the estate and direct the guardian to deliver the wards property to thecustodial parent or parents, guardian or custodian of the minor to hold, investor use as the court may order.
3. Whether the court grants a summary administrationat the time the guardianship is established or at any other time, the guardianshall file an inventory and record of value with the court.
4. If, at any time, the net value of the estate of theward exceeds $5,000:
(a) The guardian shall file an amended inventory andaccounting with the court;
(b) The guardian shall file annual accountings; and
(c) The court may require the guardian to post a bond.
(Added to NRS by 1969, 433; A 1981, 1938;
POWERS AND DUTIES OF GUARDIANS
NRS
(Added to NRS by 1969, 418)
NRS
1. Before taking any of the following actions, theguardian shall petition the court for an order authorizing the guardian to:
(a) Make or change the last will and testament of the ward.
(b) Make or change the designation of a beneficiary ina will, trust, insurance policy, bank account or any other type of asset of theward which includes the designation of a beneficiary.
(c) Create for the benefit of the ward or others arevocable or irrevocable trust of the property of the estate.
(d) Except as otherwise provided in this paragraph,exercise the right of the ward to revoke or modify a revocable trust or tosurrender the right to revoke or modify a revocable trust. The court shall notauthorize or require the guardian to exercise the right to revoke or modify arevocable trust if the instrument governing the trust:
(1) Evidences an intent of the ward to reservethe right of revocation or modification exclusively to the ward;
(2) Provides expressly that a guardian may notrevoke or modify the trust; or
(3) Otherwise evidences an intent that would beinconsistent with authorizing or requiring the guardian to exercise the rightto revoke or modify the trust.
2. The court may authorize the guardian to take anyaction described in subsection 1 if, after notice to any person who isadversely affected by the proposed action and an opportunity for a hearing, theguardian proves by clear and convincing evidence that:
(a) A person has committed or is about to commit anyact, practice or course of conduct which operates or would operate as a fraudor act of exploitation upon the ward or estate of the ward and that person:
(1) Isdesignated as a beneficiary in or otherwise stands to gain from an instrumentwhich was executed by or on behalf of the ward; or
(2) Willbenefit from the lack of such an instrument; and
(b) Areasonably prudent person or the ward, if competent, would take the proposedaction.
3. The petition must be signed by the guardian andcontain:
(a) The name, date of birth and current address of theward;
(b) A concise statement as to the condition of thewards estate; and
(c) A concise statement as to the necessity for theproposed action.
4. As used in this section:
(a) Exploitation means any act taken by a person whohas the trust and confidence of a ward or any use of the power of attorney of award to:
(1) Obtain control, through deception,intimidation or undue influence, over the money, assets or property of the wardwith the intention of permanently depriving the ward of the ownership, use,benefit or possession of the wards money, assets or property.
(2) Convert money, assets or property of theward with the intention of permanently depriving the ward of the ownership,use, benefit or possession of his money, assets or property.
As used inthis paragraph, undue influence does not include the normal influence thatone member of a family has over another.
(b) Fraud means an intentional misrepresentation,deception or concealment of a material fact known to the person with the intentto deprive the ward of the wards rights or property or to otherwise injure theward.
(Added to NRS by
NRS
1. Except as otherwise ordered by the court, aguardian of the person has the care, custody and control of the person of theward, and has the authority and, subject to subsection 2, shall perform the dutiesnecessary for the proper care, maintenance, education and support of the ward,including the following:
(a) Supplying the ward with food, clothing, shelter andall incidental necessaries.
(b) Authorizing medical, surgical, dental, psychiatric,psychological, hygienic or other remedial care and treatment for the ward.
(c) Seeing that the ward is properly trained andeducated and that the ward has the opportunity to learn a trade, occupation orprofession.
2. In the performance of the duties enumerated insubsection 1 by a guardian of the person, due regard must be given to theextent of the estate of the ward. A guardian of the person is not required toincur expenses on behalf of the ward except to the extent that the estate ofthe ward is sufficient to reimburse the guardian.
3. This section does not relieve a parent or otherperson of any duty required by law to provide for the care, support andmaintenance of any dependent.
(Added to NRS by 1969, 418; A
NRS
1. A special guardian shall exercise supervisoryauthority over the ward in a manner which is least restrictive of the wardspersonal freedom and which is consistent with the wards need for supervisionand protection.
2. A special guardian has the powers set forth in theorder appointing the special guardian and any other powers given to him in anemergency which are necessary and consistent to resolve the emergency orprotect the ward from imminent harm.
(Added to NRS by 1981, 1933; A
NRS
1. Except whenresponding to an emergency, a special guardian of a person of limited capacityshall apply to the court for instruction or approval before commencing any actrelating to the person of limited capacity.
2. The court may grant a special guardian of a personof limited capacity the power to manage and dispose of the estate of the wardpursuant to NRS 159.117 to
(Added to NRS by 1981, 1933; A
NRS
1. Except as otherwise provided in subsection 2, aguardian shall not consent to:
(a) The experimental, medical, biomedical or behavioraltreatment of a ward;
(b) The sterilization of a ward;
(c) The participation of a ward in any biomedical orbehavioral experiment; or
(d) Thecommitment of a ward to a mental health facility.
2. Theguardian may consent to and commence any treatment, experiment or commitmentdescribed in subsection 1 if the guardian applies to and obtains from the courtauthority to consent to and commence the treatment, experiment or commitment.
3. The court may authorize the guardian to consent toand commence any treatment, experiment or commitment described in subsection 1only if the treatment, experiment or commitment:
(a) Is of direct benefit to, and intended to preservethe life of or prevent serious impairment to the mental or physical health of,the ward; or
(b) Is intended to assist the ward to develop or regainthe wards abilities.
(Added to NRS by 1981, 1933; A
NRS
1. A guardian of the person shall make and file in theguardianship proceeding for review of the court a written report on the conditionof the ward and the exercise of authority and performance of duties by theguardian:
(a) Annually, not later than 60 days after theanniversary date of the appointment of the guardian; and
(b) At such other times as the court may order.
2. The guardian of the person shall give to theguardian of the estate, if any, a copy of each report not later than 30 daysafter the date the report is filed with the court.
3. The court is not required to hold a hearing orenter an order regarding the report.
(Added to NRS by 1969, 418; A
NRS
1. Protect, preserve, manage and dispose of the estateof the ward according to law and for the best interests of the ward.
2. Apply the estate of the ward for the proper care,maintenance, education and support of the ward and any person to whom the wardowes a legal duty of support, having due regard for other income or propertyavailable to support the ward or any person to whom the ward owes a legal dutyof support.
3. Have such other authority and perform such otherduties as are provided by law.
(Added to NRS by 1969, 418)
NRS
1. Not later than 60 days after the date of theappointment of a general or special guardian of the estate or, if necessary,such further time as the court may allow, the guardian shall make and file inthe guardianship proceeding a verified inventory of all of the property of theward which comes to the possession or knowledge of the guardian.
2. A temporary guardian of the estate who is notappointed as the general or special guardian shall file an inventory with thecourt by not later than the date on which the temporary guardian files a finalaccounting as required pursuant to NRS159.177.
3. The guardian shall take and subscribe an oath,which must be endorsed or attached to the inventory, before any personauthorized to administer oaths, that the inventory contains a true statementof:
(a) All of the estate of the ward which has come intothe possession of the guardian;
(b) All of the money that belongs to the ward; and
(c) All of the just claims of the ward against theguardian.
4. Whenever any property of the ward not mentioned inthe inventory comes to the possession or knowledge of a guardian of the estate,the guardian shall:
(a) Make and file in the proceeding a verifiedsupplemental inventory not later than 30 days after the date the property comesto the possession or knowledge of the guardian; or
(b) Include the property in the next accounting.
5. The court may order which of the two methodsdescribed in subsection 4 the guardian shall follow.
6. The court may order all or any part of the propertyof the ward appraised as provided in NRS159.0865 and 159.305.
7. If the guardian neglects or refuses to file theinventory within the time required pursuant to subsection 1, the court may, forgood cause shown and upon such notice as the court deems appropriate:
(a) Revoke the letters of guardianship and the guardianshall be liable on the bond for any loss or injury to the estate caused by theneglect of the guardian; or
(b) Enter a judgment for any loss or injury to the estatecaused by the neglect of the guardian.
(Added to NRS by 1969, 419; A 1997, 1494;
NRS
1. Except as otherwise provided in subsection 2, theguardian of an estate shall cause an appraisal or valuation of any asset of aguardianship estate to be conducted by a disinterested appraiser, certifiedpublic accountant or expert in valuation and file the appraisal or valuationwith the court.
2. In lieu of an appraisal, the guardian may file:
(a) A verified record of value of an asset where thevalue of the asset can be determined with reasonable certainty, including,without limitation:
(1) Money, deposits in banks, bonds, policies oflife insurance or securities for money, when equal in value to cash; and
(2) Personal property, including, withoutlimitation, household goods, if the combined value of the personal propertydoes not exceed $5,000.
(b) A statement of the assessed value of real propertyas determined by the county assessor for tax purposes, except that if the realproperty is to be sold, the guardian must file an appraisal.
(Added to NRS by
NRS
1. Before appraising or valuing any asset of theguardianship estate, each appraiser, certified public accountant or expert invaluation shall certify that the appraiser, accountant or expert willtruthfully, honestly and impartially appraise or value the property accordingto the best of his knowledge and ability. The certification must be included inthe appraisal or valuation and filed with the court.
2. The appraisal or valuation must list each assetthat has a value of more than $100 separately with a statement of the value ofthe asset opposite the asset.
3. An appraiser, certified public accountant or expertin valuation who performs an appraisal or valuation of a guardianship estate isentitled to reasonable compensation for the appraisal or valuation and may bepaid by the guardian out of the estate at any time after the appraisal orvaluation is completed.
4. An appraiser, certified public accountant or expertin valuation who directly or indirectly purchases any asset of an estatewithout full disclosure to and approval by the court is guilty of amisdemeanor. A sale made in violation of the provisions of this subsection isvoid, and the asset sold may be recovered by the guardian, ward or proposedward.
(Added to NRS by
NRS
(Added to NRS by 1969, 419; A
NRS
1. A guardian of the estate shall take possession of:
(a) All of the property of substantial value of theward;
(b) Rents, income, issues and profits from the property,whether accruing before or after the appointment of the guardian; and
(c) The proceeds from the sale, mortgage, lease orother disposition of the property.
2. The guardian may permit the ward to have possessionand control of the personal property and funds as are appropriate to the needsand capacities of the ward.
3. The title to all property of the ward is in theward and not in the guardian.
4. A guardianshall secure originals, when available, or copies of any:
(a) Contractexecuted by the ward;
(b) Power ofattorney executed by the ward;
(c) Estateplanning document prepared by the ward, including, without limitation, a lastwill and testament, durable power of attorney and revocable trust of the ward;
(d) Revocableor irrevocable trust in which the ward has a vested interest as a beneficiary;and
(e) Writing evidencing a present or future vestedinterest in any real or intangible property.
(Added to NRS by 1969, 419; A
NRS
1. The guardian may retain assets for the anticipatedexpense of the wards funeral and the disposal of his remains. Of the amount soretained, $1,500 is exempt from all claims, including those of this state.
2. The guardian may place assets so retained in apooled account or trust. If the assets are invested in a savings account orother financial account, they are not subject to disposition as unclaimedproperty during the lifetime of the ward.
3. Assets so retained may be disbursed for the wardsfuneral or the disposal of his remains without prior authorization of thecourt. An amount not so disbursed becomes part of the wards estate.
(Added to NRS by
NRS
(Added to NRS by 1969, 419; A
NRS
1. A guardian of the estate:
(a) Shalldemand all debts and other choses in action due to the ward; and
(b) With prior approval of the court, may sue for andreceive all debts and other choses in action due to the ward.
2. A guardian of the estate, with prior approval ofthe court by order, may compound or compromise any debt or other chose inaction due to the ward and give a release and discharge to the debtor or otherobligor.
(Added to NRS by 1969, 419; A
NRS
1. A guardianof the estate shall appear for and represent the ward in all actions, suits orproceedings to which the ward is a party, unless a guardian ad litem is appointedin the action, suit or proceeding. If a guardian ad litem is appointed in theaction, suit or proceeding, the guardian of the estate shall notify the courtthat the guardian ad litem has been appointed in the action, suit orproceeding.
2. Upon final resolution of the action, suit orproceeding, the guardian of the estate shall notify the court of the outcome ofthe action, suit or proceeding.
3. If the person of the ward would be affected by theoutcome of any action, suit or proceeding, the guardian of the person, if any,should be joined to represent the ward in the action, suit or proceeding.
(Added to NRS by 1969, 419; A
NRS
(Added to NRS by 1969, 419)
NRS
(Added to NRS by 1969, 420)
NRS
1. A guardian of the estate may exercise the wardsrights which accrue pursuant to the wards ownership of common or preferredstock, including, but not limited to, the right to:
(a) Vote for officers or directors;
(b) Approve or disapprove mergers or consolidations;
(c) Exercise stock options;
(d) Appoint proxies;
(e) Consent to dissolutions; and
(f) Exercise all rights which the ward might exercise,if legally qualified, regarding the management of the corporation.
If the stockowned by the ward in a corporation exceeds 20 percent of the total issued andoutstanding stock having voting rights, the guardian must have prior approvalof the court to consent to any merger, consolidation or dissolution of the corporationor the sale or encumbrance of its assets where the consent of the stockholdersis required by law.
2. Whenever the estate of a ward includes corporatestock, the guardian may hold it in the name of a nominee without mention of theguardianship in the stock certificate, if any, or the stock registration books,if:
(a) The guardians records and all reports or accountsrendered by the guardian clearly show the ownership of the stock by the wardsestate and the facts regarding its holding; and
(b) The nominee deposits with the guardian a signedstatement showing ownership of the stock by the wards estate, endorses anystock certificate in blank and does not have possession of the stockcertificate or access to the certificate except under the immediate supervisionof the guardian.
3. The guardian is personally liable for any loss tothe wards estate resulting from any act of the nominee in connection withstock held pursuant to subsection 2.
(Added to NRS by 1969, 420; A 1987, 586)
NRS
(Added to NRS by 1969, 420)
NRS
1. Other thanclaims for attorneys fees that are subject to the provisions of subsection 3,a guardian of the estate may pay from the guardianship estate the followingclaims without complying with the provisions of this section and
(a) The guardians claims against the ward or theestate; and
(b) Any claims accruing after the appointment of theguardian which arise from contracts entered into by the guardian on behalf ofthe ward.
2. The guardian shall report all claims and the paymentof claims made pursuant to subsection 1 in the account that the guardian makesand files in the guardianship proceeding following each payment.
3. Claims for attorneys fees which are associatedwith the commencement and administration of the guardianship of the estate:
(a) May be made at the time of the appointment of theguardian of the estate or any time thereafter; and
(b) May not be paid from the guardianship estate unlessthe payment is made in compliance with the provisions of this section and
(Added to NRS by 1969, 420; A
NRS
(Added to NRS by 1969, 421)
NRS
1. A guardian of the estate shall examine each claimpresented to him for payment. If the guardian is satisfied that the claim isappropriate and just, the guardian shall:
(a) Endorse upon the claim the words examined andallowed and the date;
(b) Officially subscribe the notation; and
(c) Pay the claim from the guardianship estate.
2. If the guardian is not satisfied that the claim isjust, the guardian shall:
(a) Endorse upon the claim the words examined andrejected and the date;
(b) Officially subscribe the notation; and
(c) Not later than 60 days after the date the claim waspresented to the guardian, notify the claimant by personal service or bymailing a notice by registered or certified mail that the claim was rejected.
(Added to NRS by 1969, 421; A
NRS
1. If, not later than 60 days after the date the claimwas presented to the guardian, a rejected claim is returned to the claimant orthe guardian of the estate fails to approve or reject and return a claim, theclaimant, before the claim is barred by the statute of limitations, may:
(a) File a petition for approval of the rejected claimin the guardianship proceeding for summary determination by the court; or
(b) Commence an action or suit on the claim against theguardian in the guardians fiduciary capacity and any judgment or decreeobtained must be satisfied only from property of the ward.
2. If a claimant files a request for approval of arejected claim or a like claim in the guardianship proceeding for summarydetermination, the claimant shall serve notice that he has filed such a requeston the guardian.
3. Not laterthan 20 days after the date of service, the guardian may serve notice ofobjection to summary determination on the claimant. If the guardian serves theclaimant with notice and files a copy of the notice with the court, the courtshall not enter a summary determination and the claimant may commence an actionor suit on the claim against the guardian in the guardians fiduciary capacityas provided in subsection 1.
4. If the guardian fails to serve the claimant withnotice of objection to summary determination or file a copy of the notice withthe court, the court shall:
(a) Hear the matter and determine the claim or likeclaim in a summary manner; and
(b) Enter an order allowing or rejecting the claim,either in whole or in part. No appeal may be taken from the order.
(Added to NRS by 1969, 421; A
MANAGEMENT OF ESTATE
NRS
1. Before taking any of the following actions, theguardian shall petition the court for an order authorizing the guardian to:
(a) Invest the property of the ward.
(b) Continue the business of the ward.
(c) Borrow money for the ward.
(d) Except as otherwise provided in
(e) Make gifts from the wards estate or makeexpenditures for the wards relatives.
(f) Sell, lease, place into any type of trust orsurrender any property of the ward.
(g) Exchange or partition the wards property.
(h) Obtain advice, instructions and approval of anyother proposed act of the guardian relating to the wards property.
(i) Release the power of the ward as trustee, personalrepresentative, custodian for a minor or guardian.
(j) Exercise or release the power of the ward as adonee of a power of appointment.
(k) Change the state of residence or domicile of theward.
(l) Exercisethe right of the ward to take under or against a will.
(m) Transfer toa trust created by the ward any property unintentionally omitted from thetrust.
(n) Submit arevocable trust to the jurisdiction of the court if:
(1) Theward or the spouse of the ward, or both, are the grantors and solebeneficiaries of the income of the trust; or
(2) Thetrust was created by the court.
(o) Take any other action which the guardian deemswould be in the best interests of the ward.
2. The petition must be signed by the guardian andcontain:
(a) The name, age, residence and address of the ward.
(b) A concise statement as to the condition of thewards estate.
(c) A concise statement as to the advantage to the wardof or the necessity for the proposed action.
(d) The terms and conditions of any proposed sale,lease, partition, trust, exchange or investment, and a specific description ofany property involved.
3. Any of the matters set forth in subsection 1 may beconsolidated in one petition, and the court may enter one order authorizing ordirecting the guardian to do one or more of those acts.
4. A petition filed pursuant to paragraphs (b) and (d)of subsection 1 may be consolidated in and filed with the petition for theappointment of the guardian, and if the guardian is appointed the court mayenter additional orders authorizing the guardian to continue the business ofthe ward, enter contracts for the ward, or to complete contracts of the ward.
(Added to NRS by 1969, 421; A 1979, 589;
NRS
1. Upon the filing of any petition under
(a) At least 10 days before the date set for thehearing, by mailing a copy of the notice by regular mail to the residence,office or post office address of each person required to be notified pursuantto subsection 3;
(b) At least 10 days before the date set for thehearing, by personal service;
(c) If the address or identity of the person is notknown and cannot be ascertained with reasonable diligence, by publishing a copyof the notice in a newspaper of general circulation in the county where thehearing is to be held, the last publication of which must be published at least10 days before the date set for the hearing; or
(d) In any other manner ordered by the court, for goodcause shown.
2. The notice must:
(a) Give the name of the ward.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, andnotify all persons interested to appear at the time and place mentioned in thenotice and show cause why the court order should not be made.
3. At least 10 days before the date set for thehearing, the petitioner shall cause a copy of the notice to be mailed to thefollowing:
(a) Any minor ward who is 14 years of age or older orthe parent or legal guardian of any minor ward who is less than 14 years ofage.
(b) The spouse of the ward and other heirs of the wardwho are related within the second degree of consanguinity so far as known tothe petitioner.
(c) The guardian of the person of the ward, if theguardian is not the petitioner.
(d) Any person or care provider having the care,custody or control of the ward.
(e) Any office of the Department of Veterans Affairs inthis State if the ward is receiving any payments or benefits through theDepartment of Veterans Affairs.
(f) Any other interested person or his attorney who hasfiled a request for notice in the guardianship proceeding and served a copy ofthe request upon the guardian. The request for notice must state the interestof the person filing the request, and his name and address, or that of hisattorney. If the notice so requests, copies of all petitions and accounts mustbe mailed to the interested person or his attorney.
4. An interested person who is entitled to noticepursuant to subsection 3 may, in writing, waive notice of the hearing of apetition.
5. Proof of giving notice must be:
(a) Made on or before the date set for the hearing; and
(b) Filed in the guardianship proceeding.
(Added to NRS by 1969, 422; A 1979, 789; 1995, 1077;
NRS
1. Upon approval of the court by order, a guardian ofthe estate may:
(a) Invest the property of the ward, make loans andaccept security therefor, in the manner and to the extent authorized by thecourt.
(b) Exercise options of the ward to purchase orexchange securities or other property.
2. A guardian of the estate may, without securing theprior approval of the court, invest the property of the ward in the following:
(a) Savings accounts in any bank, credit union orsavings and loan association in this State, to the extent that the deposits areinsured by the Federal Deposit Insurance Corporation, the National Credit UnionShare Insurance Fund or a private insurer approved pursuant to
(b) Interest-bearing obligations of or fully guaranteedby the United States.
(c) Interest-bearing obligations of the United StatesPostal Service.
(d) Interest-bearing obligations of the FederalNational Mortgage Association.
(e) Interest-bearing general obligations of this State.
(f) Interest-bearing general obligations of any county,city or school district of this State.
(g) Money market mutual funds which are invested onlyin those instruments listed in paragraphs (a) to (f), inclusive.
3. A guardian of the estate for two or more wards mayinvest the property of two or more of the wards in property in which each wardwhose property is so invested has an undivided interest. The guardian shallkeep a separate record showing the interest of each ward in the investment andin the income, profits or proceeds therefrom.
4. Upon approval of the court, for a period authorizedby the court, a guardian of the estate may maintain the assets of the ward inthe manner in which the ward had invested the assets before the wardsincapacity.
(Added to NRS by 1969, 423; A 1971, 268; 1979, 590;1993, 2771; 1995, 892; 1999,1458; 2003, 1792)
NRS
1. The conduct or reorganization of the businesssolely by the guardian, jointly by the guardian with one or more of the wardspartners, shareholders, members, or joint venturers or as a corporation orlimited-liability company of which the ward is or becomes a shareholder ormember.
2. The extent to which the guardian may incurliability of the estate of the ward for obligations arising from thecontinuation of the business.
3. Whether liabilities incurred in the conduct of thebusiness are to be chargeable solely to the part of the estate of the wardallocated for use in the business or to the estate as a whole.
4. The period of time during which the business may beconducted.
5. Any other conditions, restrictions, regulations andrequirements as the court considers proper.
(Added to NRS by 1969, 423; A
NRS
1. A guardian of the estate, with prior approval ofthe court by order, may borrow money for the account of the ward whennecessary:
(a) To continue any business of the ward.
(b) To pay claims against the ward, the guardianshipestate or the guardian of the estate as such.
(c) To provide for the proper care, maintenance,education and support of the ward and any person to whom the ward owes a legalduty of support.
(d) For any other purpose that is in the best interestsof the ward.
2. If the court determines that the borrowing isnecessary or proper, the court shall make an order approving the borrowing andmay authorize one or more separate loans. The order shall prescribe the maximumamount of each loan, the maximum rate of interest and the date of finalmaturity of each loan, and may authorize the guardian to secure any loan bymortgage, deed of trust, pledge or other security transaction authorized by thelaws of this state. The order shall describe the property, if any, to be givenas security for each loan.
(Added to NRS by 1969, 423)
NRS
(Added to NRS by 1969, 424)
NRS
1. A guardian of the estate, with prior approval ofthe court by order, may, from the estate of the ward which is not necessary forthe proper care, maintenance, education and support of the ward and of personsto whom the ward owes a legal duty of support:
(a) Make reasonable gifts directly, or into a trust, onbehalf of the ward.
(b) Provide for or contribute to the care, maintenance,education or support of persons who are or have been related to the ward byblood, adoption or marriage.
(c) Pay or contribute to the payment of reasonableexpenses of remedial care and treatment for and the funeral and burial ofpersons who are or have been related to the ward by blood, adoption ormarriage.
2. Anypetition filed by a guardian pursuant to this section must state whether:
(a) The purposeof the guardian in seeking approval to make the gift, payment or contributionis to dispose of assets to make the ward eligible for Medicaid; and
(b) Making the gift, payment or contribution will causethe ward to become eligible for Medicaid.
(Added to NRS by 1969, 424; A 1979, 591;
TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY
General Provisions
NRS
1. For the purpose of paying claims against the ward,the guardianship estate or the guardian of the estate.
2. For the purpose of providing for the proper care,maintenance, education and support of the ward and any person to whom the wardowes a legal duty of support.
3. For the purpose of investing the proceeds.
4. To obtain income through rentals or royalties.
5. For any other purpose that is in the best interestsof the ward.
(Added to NRS by 1969, 424; A 1979, 591)
NRS
1. Any interest of a ward in real or personalproperty, including interests in contracts and choses in action, may be soldpursuant to this chapter.
2. The interest of a ward in a partnership orlimited-liability company may be sold as personal property, and another partneror member may be the purchaser.
(Added to NRS by 1979, 788; A
Sale of Real Property
NRS
1. All salesof real property of a ward must be:
(a) Reported tothe court; and
(b) Confirmedby the court before the title to the real property passes to the purchaser.
2. The reportand a petition for confirmation of the sale must be filed with the court notlater than 30 days after the date of each sale.
3. The courtshall set the date of the hearing and give notice of the hearing in the mannerrequired pursuant to NRS 159.115 or asthe court may order.
4. Aninterested person may file written objections to the confirmation of the sale.If such objections are filed, the court shall conduct a hearing regarding thoseobjections during which the interested person may offer witnesses in support ofthe objections.
5. Before the court confirms a sale, the court mustfind that notice of the sale was given in the manner required pursuant to
(Added to NRS by 1979, 788; A
NRS
(Added to NRS by
NRS
1. To pay the necessary expenses of the sale.
2. To satisfy the mortgage or other lien, including,without limitation, payment of interest and any other lawful costs and charges.If the mortgagee or other lienholder cannot be found, the money from the salemay be paid as ordered by the court and the mortgage or other lien shall bedeemed to be satisfied.
3. To the estate of the ward, unless the court ordersotherwise.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. In the manner required by this chapter for the saleof like property, a guardian may sell:
(a) The equity of the estate in any real property thatis subject to a mortgage or lien; and
(b) The property that is subject to the mortgage orlien.
2. If a claim has been filed upon the debt secured bythe mortgage or lien, the court shall not confirm the sale unless the holder ofthe claim files a signed and acknowledged document which releases the estatefrom all liability upon the claim.
(Added to NRS by
NRS
1. A guardian may enter into a written contract withany bona fide agent, broker or multiple agents or brokers to secure a purchaserfor any real property of the estate. Such a contract may grant an exclusiveright to sell the property to the agent, broker or multiple agents or brokers.
2. The guardian shall provide for the payment of acommission upon the sale of the real property which:
(a) Must be paid from the proceeds of the sale;
(b) Must be fixed in an amount not to exceed:
(1) Ten percent for unimproved real property; or
(2) Seven percent for improved real property;and
(c) Must be authorized by the court by confirmation ofthe sale.
3. Upon confirmation of the sale by the court, thecontract for the sale becomes binding and enforceable against the estate.
4. A guardian may not be held personally liable andthe estate is not liable for the payment of any commission set forth in acontract entered into with an agent or broker pursuant to this section untilthe sale is confirmed by the court, and then is liable only for the amount setforth in the contract.
(Added to NRS by
NRS
1. When an offer to purchase real property of aguardianship estate is presented to the court for confirmation:
(a) Other persons may submit higher bids to the court;and
(b) The court may confirm the highest bid.
2. Upon confirmation of a sale of real property by thecourt, the commission for the sale must be divided between the listing agent orbroker and the agent or broker who secured the purchaser to whom the sale wasconfirmed, if any, in accordance with the contract with the listing agent orbroker.
(Added to NRS by
NRS
1. If a ward owns real property jointly with one ormore other persons, the interest owned by the ward may be sold to one or morejoint owners of the property only if:
(a) The guardian files a petition with the court toconfirm the sale pursuant to NRS 159.134;and
(b) The court confirms the sale.
2. The court shall confirm the sale only if:
(a) The net amount of the proceeds from the sale to theestate of the ward is not less than 90 percent of the fair market value of theportion of the property to be sold; and
(b) Upon confirmation, the estate of the ward will bereleased from all liability for any mortgage or lien on the property.
(Added to NRS by
NRS
1. Except as otherwise provided in this section andexcept for a sale pursuant to NRS 159.142,a guardian may sell the real property of a ward only after notice of the saleis published in:
(a) A newspaper that is published in the county inwhich the property, or some portion of the property, is located; or
(b) If a newspaper is not published in that county:
(1) In a newspaper of general circulation in thecounty; or
(2) In such other newspaper as the court orders.
2. Except as otherwise provided in this section andexcept for a sale of real property pursuant to
(a) The notice of a public auction for the sale of realproperty must be published not less than three times before the date of thesale, over a period of 14 days and 7 days apart.
(b) The notice of a private sale must be published notless than three times before the date on which offers will be accepted, over aperiod of 14 days and 7 days apart.
3. For good cause shown, the court may order fewerpublications and shorten the time of notice, but must not shorten the time ofnotice to less than 8 days.
4. The court may waive the requirement of publicationpursuant to this section if:
(a) The guardian is the sole devisee or heir of theestate; or
(b) All devisees or heirs of the estate consent to thewaiver in writing.
5. Publication for the sale of real property is notrequired pursuant to this section if the property to be sold is reasonablybelieved to have a value of $5,000 or less. In lieu of publication, theguardian shall post notice of the sale in three of the most public places inthe county in which the property, or some portion of the property, is locatedfor at least 14 days before:
(a) The date of the sale at public auction; or
(b) The date on which offers will be accepted for aprivate sale.
6. Any notice published or posted pursuant to thissection must include, without limitation:
(a) For a public auction:
(1) A description of the real property whichreasonably identifies the property to be sold; and
(2) The date, time and location of the auction.
(b) For a private sale:
(1) A description of the real property whichreasonably identifies the property to be sold; and
(2) The date, time and location that offers willbe accepted.
(Added to NRS by
NRS
1. Except for a sale pursuant to
(a) In the county in which the property is located or,if the real property is located in two or more counties, in either county;
(b) Between the hours of 9 a.m. and 5 p.m.; and
(c) On the date specified in the notice, unless thesale is postponed.
2. If, on or before the date and time set for thepublic auction, the guardian determines that the auction should be postponed:
(a) The auction may be postponed for not more than 3months after the date first set for the auction; and
(b) Notice of the postponement must be given by apublic declaration at the place first set for the sale on the date and timethat was set for the sale.
(Added to NRS by
NRS
1. Except for the sale of real property pursuant to
(a) Must not occur before the date stated in thenotice.
(b) Except as otherwise provided in this paragraph,must not occur sooner than 14 days after the date of the first publication orposting of the notice. For good cause shown, the court may shorten the time inwhich the sale may occur to not sooner than 8 days after the date of the firstpublication or posting of the notice. If the court so orders, the notice of thesale and the sale may be made to correspond with the court order.
(c) Must occur not later than 1 year after the datestated in the notice.
2. The offers made in a private sale:
(a) Must be in writing; and
(b) May be delivered to the place designated in thenotice or to the guardian at any time:
(1) After the date of the first publication orposting of the notice; and
(2) Before the date on which the sale is tooccur.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, thecourt shall not confirm a sale of real property of a guardianship estate at aprivate sale unless:
(a) The court is satisfied that the amount offeredrepresents the fair market value of the property to be sold; and
(b) The real property has been appraised within 1 yearbefore the date of the sale. If the real property has not been appraised withinthis period, a new appraisal must be conducted pursuant to
2. The court may waive the requirement of an appraisaland allow the guardian to rely on the assessed value of the real property forpurposes of taxation in obtaining confirmation by the court of the sale.
(Added to NRS by
NRS
1. At the hearing to confirm the sale of realproperty, the court shall:
(a) Consider whether the sale is necessary or in thebest interest of the estate of the ward; and
(b) Examine the return on the investment and theevidence submitted in relation to the sale.
2. The court shall confirm the sale and order conveyancesto be executed if it appears to the court that:
(a) Good reason existed for the sale;
(b) The sale was conducted in a legal and fair manner;
(c) The amount of the offer or bid is notdisproportionate to the value of the property; and
(d) It is unlikely that an offer or bid would be madewhich exceeds the original offer or bid:
(1) By at least 5 percent if the offer or bid isless than $100,000; or
(2) By at least $5,000 if the offer or bid is$100,000 or more.
3. The court shall not confirm the sale if theconditions in this section are not satisfied.
4. If the court does not confirm the sale, the court:
(a) May order a new sale;
(b) May conduct a public auction in open court; or
(c) May accept a written offer or bid from aresponsible person and confirm the sale to the person if the written offercomplies with the laws of this state and exceeds the original bid:
(1) By at least 5 percent if the bid is lessthan $100,000; or
(2) By at least $5,000 if the bid is $100,000 ormore.
5. If the court does not confirm the sale and orders anew sale:
(a) Notice must be given in the manner set forth in
(b) The sale must be conducted in all other respects asthough no previous sale has taken place.
6. If a higher offer or bid is received by the courtduring the hearing to confirm the sale, the court may continue the hearingrather than accept the offer or bid as set forth in paragraph (c) of subsection4 if the court determines that the person who made the original offer or bidwas not notified of the hearing and that the person who made the original offeror bid may wish to increase his bid. This subsection does not grant a right toa person to have a continuance granted and may not be used as a ground to setaside an order confirming a sale.
(Added to NRS by
NRS
1. If the court confirms a sale of real property of aguardianship estate, the guardian shall execute a conveyance of the property tothe purchaser.
2. The conveyance must include a reference to thecourt order confirming the sale, and a certified copy of the court order mustbe recorded in the office of the recorder of the county in which the property,or any portion of the property, is located.
3. A conveyance conveys all the right, title andinterest of the ward in the property on the date of the sale, and if, beforethe date of the sale, by operation of law or otherwise, the ward has acquiredany right, title or interest in the property other than or in addition to thatof the ward at the time of the sale, that right, title or interest also passesby the conveyance.
(Added to NRS by
NRS
1. If a sale of real property is made upon credit, theguardian shall take:
(a) The note or notes of the purchaser for the unpaidportion of the sale; and
(b) A mortgage on the property to secure the payment ofthe notes.
2. The mortgage may contain a provision for release ofany part of the property if the court approves the provision.
(Added to NRS by
NRS
1. After confirmation of the sale of real property, ifthe purchaser neglects or refuses to comply with the terms of the sale, thecourt may set aside the order of confirmation and order the property to beresold:
(a) On motion of the guardian; and
(b) After notice is given to the purchaser.
2. If the amount realized on the resale of theproperty is insufficient to cover the bid and the expenses of the previoussale, the original purchaser is liable to the estate of the ward for thedeficiency.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. For the recovery of real property sold by aguardian in accordance with the provisions of this chapter; and
2. To set aside a sale of real property.
(Added to NRS by
Sale of Personal Property
NRS
1. A guardian may sell perishable property and otherpersonal property of the ward without notice, and title to the property passeswithout confirmation by the court if the property:
(a) Will depreciate in value if not disposed ofpromptly; or
(b) Will incur loss or expense by being kept.
2. The guardian is responsible for the actual value ofthe personal property unless the guardian obtains confirmation by the court ofthe sale.
(Added to NRS by
NRS
1. The guardian petitions the court for confirmationof the sale;
2. The clerk sets the date of the hearing;
3. The guardian gives notice in the manner requiredpursuant to NRS 159.034 unless, for goodcause shown, the court shortens the period within which notice must be given ordispenses with notice; and
4. The court confirms the sale.
(Added to NRS by
NRS
1. Except as otherwise provided in
(a) A newspaper that is published in the county in whichthe property, or some portion of the property, is located; or
(b) If a newspaper is not published in that county:
(1) In a newspaper of general circulation in thecounty; or
(2) In such other newspaper as the court orders.
2. Except as otherwise provided in this section:
(a) The notice of a public sale must be published notless than three times before the date of the sale, over a period of 14 days and7 days apart.
(b) The notice of a private sale must be published notless than three times before the date on which offers will be accepted, over aperiod of 14 days and 7 days apart.
3. For good cause shown, the court may order fewerpublications and shorten the time of notice, but must not shorten the time ofnotice to less than 8 days.
4. The notice must include, without limitation:
(a) For a public sale:
(1) A description of the personal property to besold; and
(2) The date, time and location of the sale.
(b) For a private sale:
(1) A description of the personal property to besold; and
(2) The date, time and location that offers willbe accepted.
(Added to NRS by
NRS
1. The guardian may sell the personal property of award by public sale at:
(a) The residence of the ward;
(b) The courthouse door; or
(c) Any other location designated by the guardian.
2. The guardian may sell the personal property bypublic sale only if the property is made available for inspection at the timeof the sale, unless the court orders otherwise.
3. Personal property may be sold at a public orprivate sale for cash or upon credit.
(Added to NRS by
NRS
1. An interest in a partnership;
2. An interest in personal property that has beenpledged to the ward; and
3. Choses in action.
(Added to NRS by
Lease of Property
NRS
1. Without securing prior court approval, where thetenancy is from month to month or for a term not to exceed 1 year and thereasonable fixed rental for the property or the wards proportionate interestin such rental does not exceed $250 per month.
2. With prior approval of the court by order, for suchperiod of time as may be authorized by the court, not exceeding any timelimitation prescribed by law, and upon such terms and conditions as the courtmay approve. Such lease may extend beyond the period of minority of a minorward.
(Added to NRS by 1969, 428)
NRS
(Added to NRS by 1969, 428)
NRS
1. Petitions to secure court approval of any lease:
(a) Must include the parcel number assigned to theproperty to be leased and the physical address of the property, if any; and
(b) Must set forth the proposed fixed rental, theduration of the lease and a brief description of the duties of the proposedlessor and lessee.
2. Upon the hearing of a petition pursuant tosubsection 1, if the court is satisfied that the lease is for the bestinterests of the ward and the estate of the ward, the court shall enter anorder authorizing the guardian to enter into the lease.
(Added to NRS by 1969, 428; A
NRS
(Added to NRS by 1969, 428)
NRS
1. If the property to be leased consists of miningclaims, an interest in the mining claims, property worked as a mine or landscontaining oil, gas, steam, gravel or any minerals, the court may authorize theguardian to enter into a lease which provides for payment by the lessee of aroyalty, in money or in kind, in lieu of a fixed rental. The court may alsoauthorize the guardian to enter into a lease which provides for a poolingagreement or authorizes the lessee to enter into pooling or other cooperativeagreements with lessees, operators or owners of other lands and minerals forthe purpose of bringing about the cooperative development and operation of anymine, oil field or other unit of which the wards property is a part.
2. If the proposed lease contains an option topurchase, and the property to be sold under the option consists of miningclaims, property worked as a mine, or interests in oil, gas, steam, gravel orany mineral, which has a speculative or undefined market value, the court mayauthorize the guardian to enter into such a lease and sales agreement or givean option to purchase without requiring the property to be sold at public auctionor by private sale in the manner required by this chapter for sales of otherreal property.
3. If the petition filed pursuant to this sectionrequests authority to enter into a lease with an option to purchase, inaddition to the notice required by NRS159.034, the guardian shall publish a copy of the notice at least twice,the first publication to be at least 10 days prior to the date set for thehearing and the second publication to be not earlier than 7 days after the dateof the first publication. The notice must be published in:
(a) A newspaper that is published in the county wherethe property is located; or
(b) If no newspaper is published in the county wherethe property is located, a newspaper of general circulation in that countywhich is designated by the court.
(Added to NRS by 1969, 429; A
Agreement to Sell or Give Option to Purchase Mining Claim
NRS
1. To enter into an agreement to sell or to give anoption to purchase a mining claim or real property worked as a mine whichbelongs to the estate of the ward, the guardian or an interested person shallfile a petition with the court that:
(a) Describes the property or claim;
(b) States the terms and general conditions of theagreement;
(c) Shows any advantage that may accrue to the estateof the ward from entering into the agreement; and
(d) Requests confirmation by the court of theagreement.
2. The court shall set the date of the hearing on thepetition.
3. The petitioner shall give notice in the mannerprovided in NRS 159.034.
(Added to NRS by
NRS
1. At the time appointed and if the court finds thatdue notice of the hearing concerning an agreement has been given, the courtshall hear a petition filed pursuant to NRS159.1653 and any objection to the petition that is filed or presented.
2. After the hearing, if the court is satisfied thatthe agreement will be to the advantage of the estate of the ward, the court:
(a) Shall order the guardian to enter into theagreement; and
(b) May prescribe in the order the terms and conditionsof the agreement.
3. A certified copy of the court order must berecorded in the office of the county recorder of each county in which theproperty affected by the agreement, or any portion of the property, is located.
(Added to NRS by
NRS
1. If the court orders the guardian to enter into theagreement pursuant to NRS 159.1657, thecourt shall order the guardian to provide an additional bond and specify theamount of the bond in the court order.
2. The guardian is not entitled to receive any of theproceeds from the agreement until the guardian provides the bond and the courtapproves the bond.
3. When the court order is entered, the guardian shallexecute, acknowledge and deliver an agreement which:
(a) Contains the conditions specified in the courtorder;
(b) States that the agreement or option is approved bycourt order; and
(c) Provides the date of the court order.
(Added to NRS by
NRS
1. If the purchaser or option holder neglects orrefuses to comply with the terms of the agreement approved by the courtpursuant to NRS 159.1657, the guardianmay petition the court to cancel the agreement. The court shall cancel theagreement after notice is given to the purchaser or option holder.
2. The cancellation of an agreement pursuant to thissection does not affect any liability created by the agreement.
(Added to NRS by
NRS
1. If the purchaser or option holder complies with theterms of an agreement approved by the court pursuant to
(a) Make a return to the court of the proceedings; and
(b) Petition the court for confirmation of theproceedings.
2. Notice must be given to the purchaser or option holderregarding the petition for confirmation.
3. The court:
(a) Shall hold a hearing regarding the petition forconfirmation; and
(b) May order or deny confirmation of the proceedingsand execution of the conveyances in the same manner and with the same effect aswhen the court orders or denies a confirmation of a sale of real property.
(Added to NRS by
Miscellaneous Provisions
NRS
1. A guardian of the estate, with prior approval ofthe court, may accept an offer for the purchase of the interest or estate ofthe ward, in real or personal property or both real and personal property, whereit appears from the petition and the court determines that:
(a) The interest or estate of the ward in such propertyis an interest in a partnership, joint venture or closely held corporation, inwhich the offeror or offerors own the remaining interests in the partnership,joint venture or closely held corporation, or are offering to purchase suchremaining interests.
(b) The interest or estate of the ward in such propertyis an undivided interest in property in which the offeror or offerors own the remaininginterests in such property or are offering to purchase such remaininginterests.
(c) The interest or estate of the ward to be sold orgranted is an easement in or creates a servitude upon the wards property.
2. A guardian of the estate, with prior approval ofthe court, may accept an offer to surrender the interest or estate of the wardin real or personal property or both real and personal property, where itappears from the petition and the court determines that:
(a) The interest or estate of the ward is contingent ordubious.
(b) The interest or estate of the ward in such propertyis a servitude upon the property of another.
(Added to NRS by 1969, 429)
NRS
1. A guardian of the estate may petition the court foradvice and instructions in any matter concerning:
(a) The administration of the wards estate;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursementof funds;
(d) Elections for or on behalf of the ward to takeunder the will of a deceased spouse;
(e) Exercising for or on behalf of the ward:
(1) Any options or other rights under any policyof insurance or annuity; and
(2) The right to take under a will, trust orother devise;
(f) The propriety of exercising any right exercisableby owners of property; and
(g) Matters of a similar nature.
2. Any act done by a guardian of the estate aftersecuring court approval or instructions with reference to the matters set forthin subsection 1 is binding upon the ward or those claiming through the ward,and the guardian is not personally liable for performing any such act.
3. If any interested person may be adversely affectedby the proposed act of the guardian, the court shall direct the issuance of acitation to that interested person, to be served upon the person at least 20days before the hearing on the petition. The citation must be served in thesame manner that summons is served in a civil action and must direct theinterested person to appear and show cause why the proposed act of the guardianshould not be authorized or approved. All interested persons so served arebound by the order of the court which is final and conclusive, subject to anyright of appeal.
(Added to NRS by 1969, 430; A 1979, 591;
NRS
1. A guardian of the estate shall record a certifiedcopy of any court order authorizing the sale, mortgage, lease, surrender orconveyance of real property in the office of the county recorder of the countyin which any portion of the land is located.
2. To carry out effectively any transaction affectingthe wards property as authorized by this chapter, the court may authorize theguardian to execute any promissory note, mortgage, deed of trust, deed, lease,security agreement or other legal document or instrument which is reasonablynecessary to carry out such transaction.
(Added to NRS by 1969, 430)
NRS
(Added to NRS by 1969, 430; A
NRS
1. A guardian of the estate, with prior approval ofthe court by order, where it appears from the petition and the court determinesthat the best interests of the ward are served by such action, may:
(a) Accept an offer to exchange all or any interest ofthe ward in real or personal property or both real and personal property forreal or personal property or both real and personal property of another, andpay or receive any cash or other consideration to equalize the values on suchexchange; or
(b) Effect a voluntary partition of real or personalproperty or both real and personal property in which the ward owns an undividedinterest.
2. Upon hearing the petition, the court shall inquireinto the value of the property to be exchanged or partitioned, the rental orincome therefrom, and the use for which the property is best suited.
(Added to NRS by 1969, 430)
ACCOUNTINGS
NRS
(Added to NRS by 1981, 1933; A
NRS
1. Annually, not later than 60 days after theanniversary date of the appointment of the guardian, unless the court orderssuch an account to be made and filed at a different interval upon a showing of goodcause and with the appropriate protection of the interests of the ward.
2. Upon filing a petition to resign and before theresignation is accepted by the court.
3. Within 30 days after the date of his removal,unless the court authorizes a longer period.
4. Within 90days after the date of termination of the guardianship or the death of theward, unless the court authorizes a longer period.
5. At any other time as required by law or as thecourt may order.
(Added to NRS by 1969, 431; A 1981, 1937;
NRS
1. An account made and filed by a guardian of theestate or special guardian who is authorized to manage the wards property mustinclude, without limitation, the following information:
(a) The period covered by the account.
(b) All cash receipts and disbursements during theperiod covered by the account.
(c) All claims filed and the action taken regarding theaccount.
(d) Any changes in the wards property due to sales,exchanges, investments, acquisitions, gifts, mortgages or other transactionswhich have increased, decreased or altered the wards property holdings asreported in the original inventory or the preceding account.
(e) Any other information the guardian considersnecessary to show the condition of the affairs of the ward.
2. If the account is for the estates of two or morewards, it must show the interest of each ward in the receipts, disbursementsand property.
3. Receipts or vouchers for all expenditures must beretained by the guardian for examination by the court or an interested person.Unless ordered by the court, the guardian is not required to file such receiptsor vouchers with the court.
4. On the courts own motion or on ex parteapplication by an interested person which demonstrates good cause, the courtmay:
(a) Order production of the receipts or vouchers thatsupport the account; and
(b) Examine or audit the receipts or vouchers thatsupport the account.
5. If a receipt or voucher is lost or for good reasoncannot be produced on settlement of an account, payment may be proved by theoath of at least one competent witness. The guardian must be allowedexpenditures if it is proven that:
(a) The receipt or voucher for any disbursement hasbeen lost or destroyed so that it is impossible to obtain a duplicate of thereceipt or voucher; and
(b) Expenses were paid in good faith and were validcharges against the estate.
(Added to NRS by 1969, 431; A 1981, 1937;
NRS
1. Any interested person may appear at the hearing andobject to the account or file written objections to the account prior to thehearing.
2. If there are no objections to the account or if thecourt overrules any objections, the court may enter an order allowing andconfirming the account.
3. Except asotherwise provided in this subsection, the order settling and allowing theaccount is a final order and is conclusive against all persons interested inthe guardianship proceeding, including, without limitation, heirs and assigns.The order is not final against a ward who requests an examination of anyaccount after the wards legal disability is removed.
4. If the court finds that an interested person whoobjected to the account did not object in good faith or in furtherance of thebest interests of the ward, the court may order the interested person to pay tothe estate of the ward all or part of the expenses associated with theobjection.
(Added to NRS by 1969, 431; A
NRS
1. Subject to the discretion and approval of the courtand except as otherwise provided in subsection 4, a guardian must be allowed:
(a) Reasonable compensation for the guardiansservices;
(b) Necessary and reasonable expenses incurred inexercising the authority and performing the duties of a guardian; and
(c) Reasonable expenses incurred in retainingaccountants, attorneys, appraisers or other professional services.
2. Reasonable compensation and services must be basedupon similar services performed for persons who are not under a legal disability.In determining whether compensation is reasonable, the court may consider:
(a) The nature of the guardianship;
(b) The type, duration and complexity of the servicesrequired; and
(c) Any other relevant factors.
3. In the absence of an order of the court pursuant tothis chapter shifting the responsibility of the payment of compensation andexpenses, the payment of compensation and expenses must be paid from the estateof the ward. In evaluating the ability of a ward to pay such compensation andexpenses, the court may consider:
(a) The nature, extent and liquidity of the wardsassets;
(b) The disposable net income of the ward;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the dutiesof the guardian pursuant to NRS 159.079or 159.083.
4. A private professional guardian is not allowedcompensation or expenses for services incurred by the private professionalguardian as a result of a petition to have him removed as guardian if the courtremoves the private professional guardian pursuant to the provisions ofsubsection 2, 4, 5, 6 or 8 of NRS 159.185.
(Added to NRS by 1969, 431; A
REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OFGUARDIANSHIP
Removal of Guardian
NRS
1. The guardian has become mentally incompetent,unsuitable or otherwise incapable of exercising the authority and performingthe duties of a guardian as provided by law;
2. Theguardian is no longer qualified to act as a guardian pursuant to
3. The guardian has filed for bankruptcy within theprevious 5 years;
4. The guardian of the estate has mismanaged theestate of the ward;
5. Theguardian has negligently failed to perform any duty as provided by law or byany order of the court and:
(a) The negligenceresulted in injury to the ward or his estate; or
(b) There was a substantial likelihood that thenegligence would result in injury to the ward or his estate;
6. The guardian has intentionally failed to performany duty as provided by law or by any lawful order of the court, regardless ofinjury;
7. The best interests of the ward will be served bythe appointment of another person as guardian; or
8. The guardian is a private professional guardian whois no longer qualified as a private professional guardian pursuant to
(Added to NRS by 1969, 432; A
NRS
1. The following persons may petition the court tohave a guardian removed:
(a) The ward;
(b) The spouse of the ward;
(c) Any relative who is within the second degree ofconsanguinity to the ward;
(d) A public guardian; or
(e) Any other interested person.
2. The petition must:
(a) State with particularity the reasons for removingthe guardian; and
(b) Show cause for the removal.
3. If the court denies the petition for removal, thepetitioner shall not file a subsequent petition unless a material change ofcircumstances warrants a subsequent petition.
4. If the court finds that the petitioner did not filea petition for removal in good faith or in furtherance of the best interests ofthe ward, the court may:
(a) Disallow the petitioner from petitioning the courtfor attorneys fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amountsufficient to reimburse the estate of the ward for all or part of the expensesincurred by the estate of the ward in responding to the petition and for anyother pecuniary losses which are associated with the petition.
(Added to NRS by
NRS
1. If a petition to have a guardian removed is filedwith the court, the court shall issue and serve a citation on the guardian andon all other interested persons.
2. The citation must require the guardian to appearand show cause why the court should not remove the guardian.
3. If it appears that the ward or estate may sufferloss or injury during the time required for service of the citation on theguardian, on the courts own motion or on petition, the court may:
(a) Suspend the powers of the guardian by issuing a 30-daytemporary restraining order or an injunction;
(b) Compel the guardian to surrender the ward to atemporary guardian for not more than 30 days; and
(c) Compel the guardian to surrender the assets of theestate to a temporary guardian or to the public guardian until the date set forthe hearing.
(Added to NRS by
NRS
1. Hold the guardian in contempt of court.
2. Require the guardian to appear at a date and timeset by the court.
3. Issue a bench warrant for the arrest and appearanceof the guardian.
4. Find that the guardian caused harm to the ward orthe estate of the ward and issue an order accordingly.
(Added to NRS by
NRS
1. Notwithstanding any other provision of law, if aguardian is appointed for a minor, except as otherwise provided in subsection3, the court shall not remove the guardian or appoint another person asguardian unless the court finds that removal of the guardian or appointment ofanother person as guardian is in the best interests of the minor.
2. For the purposes of this section in determining thebest interests of the minor, the court shall consider, without limitation:
(a) The ability of the present guardian to provide forthe basic needs of the minor, including, without limitation, food, shelter,clothing and medical care;
(b) The safety of the home in which the minor isresiding;
(c) The length of time that the minor has been in thecare of the present guardian;
(d) The current well being of the minor, includingwhether the minor is prospering in the environment being provided by thepresent guardian;
(e) The emotional bond existing between the presentguardian and the minor;
(f) If the person petitioning the court to replace thepresent guardian was previously removed from the care, custody or guardianshipof the minor:
(1) The level of participation before thepetition was filed by the petitioner in the welfare of the minor; and
(2) If applicable, whether the petitioner hasreceived instruction in parenting, participated in a program of rehabilitationor undergone counseling for any problem or conduct that the court, inappointing the present guardian, considered as an indication of the previousunfitness of the petitioner; and
(g) The mental and physical health of the presentguardian.
3. The court may remove the guardian of a minor orappoint another person as guardian if the guardian files a petition to resignhis position as guardian.
(Added to NRS by 1997, 1343; A
NRS
1. When a guardian dies or is removed by order of thecourt, the court, upon the courts own motion or upon a petition filed by anyinterested person, may appoint another guardian in the same manner and subjectto the same requirements as are provided by law for an original appointment ofa guardian.
2. If a guardian of the person is appointed for a wardpursuant to this section, the ward must be served with the petition. If theward does not object to the appointment, the ward is not required to attend thehearing.
(Added to NRS by 1969, 432; A
Resignation of Guardian
NRS
1. A guardian of the person, of the estate, or of theperson and the estate, may file with the court a petition tendering theresignation of the guardian.
2. If the guardian files a petition to resign, thecourt shall serve notice upon any person entitled to notice pursuant to
(Added to NRS by
NRS
1. Before the court approves the resignation of aguardian of the person and discharges the guardian, the court shall appoint asuccessor guardian.
2. If a ward has more than one guardian, the court mayapprove the resignation of one of the guardians if the remaining guardian orguardians are qualified to act alone.
(Added to NRS by
NRS
1. Before the court approves the resignation of aguardian of the estate and discharges the guardian, the court shall require theguardian to submit, on the date set for the hearing, an accounting of theestate through the end of the term.
2. If the guardian fails to file such an accounting,the court may impose sanctions upon the guardian.
3. If an estate has more than one guardian, the courtmay accept the resignation of one of the guardians if the remaining guardian orguardians are qualified to act alone. The court may waive the requirement offiling the accounting if the remaining guardian or guardians are:
(a) Required to file the annual accounting, ifapplicable; and
(b) Responsible for any discrepancies in theaccounting.
4. Upon approval of the accounting, if any isrequired, and appointment of a successor guardian, the court may approve theresignation of a guardian and order the discharge of his duties.
(Added to NRS by
Termination of Guardianship
NRS
1. A ward, the guardian or another person may petitionthe court for the termination or modification of a guardianship. The petitionmust state or contain:
(a) The name and address of the petitioner.
(b) The relationship of the petitioner to the ward.
(c) The name, age and address of the ward, if the wardis not the petitioner, or the date of death of the ward if the ward isdeceased.
(d) The name and address of the guardian, if theguardian is not the petitioner.
(e) The reason for termination or modification.
(f) Whether the termination or modification is soughtfor a guardianship of the person, of the estate, or of the person and estate.
(g) A general description and the value of theremaining property of the ward and the proposed disposition of that property.
2. Upon the filing of the petition, the court mayappoint an attorney to represent the ward if:
(a) The ward is unable to retain an attorney; and
(b) The court determines that the appointment isnecessary to protect the interests of the ward.
3. The petitioner has the burden of proof to show by clearand convincing evidence that the termination or modification of theguardianship of the person, of the estate, or of the person and estate is inthe best interests of the ward.
4. The court shall issue a citation to the guardianand all interested persons requiring them to appear and show cause whytermination or modification of the guardianship should not be granted.
5. If the court finds that the petitioner did not filea petition for termination or modification in good faith or in furtherance ofthe best interests of the ward, the court may:
(a) Disallow the petitioner from petitioning the courtfor attorneys fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amountsufficient to reimburse the estate of the ward for all or part of the expensesand for any other pecuniary losses which are incurred by the estate of the wardand associated with the petition.
(Added to NRS by 1981, 1933; A
NRS
1. A guardianship of the person is terminated:
(a) By the death of the ward;
(b) Upon the wards change of domicile to a placeoutside this state and the transfer of jurisdiction to the court havingjurisdiction in the new domicile;
(c) Upon order of the court, if the court determinesthat the guardianship no longer is necessary; or
(d) If the wardis a minor:
(1) Onthe date on which the ward reaches 18 years of age; or
(2) Onthe date on which the ward graduates from high school or becomes 19 years ofage, whichever occurs sooner, if:
(I)The ward will be older than 18 years of age upon graduation from high school;and
(II)The ward and the guardian consent to continue the guardianship and the consentis filed with the court at least 14 days before the date on which the ward willbecome 18 years of age.
2. Aguardianship of the estate is terminated if the court:
(a) Removes theguardian or accepts the resignation of the guardian and does not appoint asuccessor guardian; or
(b) Determines that the guardianship is not necessaryand orders the guardianship terminated.
3. If the guardianship is of the person and estate,the court may order the guardianship terminated as to the person, the estate,or the person and estate.
(Added to NRS by 1969, 432; A
NRS
1. If a temporary guardianship is terminated and apetition for a general or special guardianship has not been filed:
(a) The temporary guardian shall immediately turn overall of the wards property to the ward; or
(b) If the temporary guardian is awaiting certificationfrom the appropriate authority acknowledging that the guardian has no furtherliability for taxes on the estate, the temporary guardian shall seek approvalfrom the court to maintain possession of all or a portion of the wardsproperty.
2. If a temporary guardianship is terminated and apetition for general or special guardianship has been filed, the temporaryguardian of the estate may:
(a) Continue possessing the wards property; and
(b) Perform the duties of guardian for not more than 90days after the temporary guardianship is terminated or until the court appointsanother temporary, general or special guardian.
3. If the death of a ward causes the termination of atemporary guardianship before the hearing on a general or special guardianship:
(a) The temporary guardian of the estate may:
(1) Continue possessing the wards property; and
(2) Except as otherwise provided in thisparagraph, perform the duties of guardian for not more than 90 days after thedate of the termination of the temporary guardianship or until the courtappoints a personal representative of the estate, if any. If the temporaryguardian is awaiting certification from the appropriate authority acknowledgingthat the guardian has no further liability for taxes on the estate and it willtake longer than 90 days after the date of the termination of the temporaryguardianship to receive such certification, the temporary guardian must seek approvalfrom the court to maintain possession of all or a portion of the wards propertyuntil certification is received.
(b) If no personal representative has been appointedpursuant to chapter 138 or
(Added to NRS by
NRS
1. The guardian of the estate is entitled topossession of the wards property and is authorized to perform the duties ofthe guardian to wind up the affairs of the guardianship:
(a) For a period that is reasonable and necessary afterthe termination of the guardianship;
(b) Except as otherwise provided in paragraph (c), fornot more than 90 days after the date of the appointment of a personalrepresentative of the estate of a deceased ward; or
(c) Uponapproval of the court, for more than 90 days if the guardian is awaiting certificationfrom the appropriate authority acknowledging that the guardian has no furtherliability for taxes on the estate.
2. To wind up the affairs of the guardianship, theguardian shall:
(a) Pay all expenses of administration of theguardianship estate, including those incurred in winding up the affairs of theguardianship.
(b) Completethe performance of any contractual obligations incurred by the guardianshipestate.
(c) With priorapproval of the court, continue any activity that:
(1) Theguardian believes is appropriate and necessary; or
(2) Wascommenced before the termination of the guardianship.
(d) If the guardianship is terminated for a reasonother than the death of the ward, examine and allow and pay, or reject, allclaims presented to the guardian prior to the termination of the guardianshipfor obligations incurred prior to the termination.
(Added to NRS by 1969, 432; A
NRS
1. If the guardianship is terminated by reason of thedeath of the ward:
(a) Except asotherwise provided in NRS 159.197, theguardian shall report to the personal representative claims which are presentedto the guardian, or which have been presented to the guardian but have not beenpaid, except those incurred in paying the expenses of administration of theguardianship estate and in winding up the affairs of the guardianship estate.
(b) Claims which have been allowed by the guardian, butnot paid, shall be paid by the personal representative in the course of probatein the priority provided by law for payment of claims against a decedent, andshall have the same effect and priority as a judgment against a decedent.
(c) Claims which have been presented and not allowed orrejected shall be acted upon by the personal representative in the same manneras other claims against a decedent.
2. The personal representative shall be substituted asthe party in interest for the guardian in any action commenced or which may becommenced by the creditor pursuant to NRS159.107, including summary determination, on any claim rejected by theguardian.
(Added to NRS by 1969, 433; A
NRS
1. After thewinding up of the affairs of the guardianship, the guardian shall deliverphysical possession of all of the wards property to the ward, the personalrepresentative or the successor guardian, as the case may be, and obtain areceipt of the delivery of the property.
2. Before theguardian delivers physical possession of the wards property to the personalrepresentative and upon sufficient evidence of prior title, the guardian maypetition the court to have the title to the property modified, on a pro ratabasis, to reflect the manner in which title was held before the guardianshipwas established so that the property is distributed to the intended beneficiaryor former joint owner of the property.
3. If the guardianship has terminated by reason of thedeath of the ward, the court, by order, may authorize the guardian to handlethe deceased wards property in the same manner as authorized by
(Added to NRS by 1969, 433; A 1971, 157; 1973, 432;1975, 1780; 1979, 479; 1983, 196; 1997, 1495;
NRS
1. Upon thefiling of receipts and vouchers showing compliance with the orders of the courtin winding up the affairs of the guardianship, the court shall enter an orderdischarging the guardian and exonerating the bond of the guardian.
2. A guardian is not relieved of liability for histerm as guardian until an order of discharge is entered and filed with thecourt.
(Added to NRS by 1969, 433; A
TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA
NRS
1. Where a guardian of the estate for a nonresidenthas not been appointed in this state, but the nonresident has a foreignguardian and a person within this state is indebted to such nonresident or suchnonresident has property within this state that is capable of being removed andwhich is on deposit with or in the possession of a resident of this state, andsuch property is not subject to a mortgage, pledge, lien or other encumbrancerestricting removal of the property from this state, the person in possessionof the property may deliver such property or the person indebted may pay suchdebt, to the foreign guardian. The delivery of such property or the payment ofsuch debt is, to the extent of such delivery or payment, a release anddischarge with respect to such property or debt.
2. The court may require such foreign guardian to posta bond in the same manner as required of a resident guardian and may enter suchorders as are necessary to protect secured creditors of the ward and unsecuredcreditors of the ward who are residents of this state.
(Added to NRS by 1969, 434)
APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT
NRS
1. Except asotherwise provided in this section or NRS127.045, a parent, without the approval of a court, may appoint in writinga short-term guardianship for an unmarried minor child if the parent has legalcustody of the minor child.
2. Theappointment of a short-term guardianship is effective for a minor who is 14years of age or older only if the minor provides written consent to the guardianship.
3. Theappointment of a short-term guardian does not affect the rights of the otherparent of the minor.
4. A parentshall not appoint a short-term guardian for a minor child if the minor childhas another parent:
(a) Whoseparental rights have not been terminated;
(b) Whosewhereabouts are known; and
(c) Who iswilling and able to make and carry out daily child care decisions concerningthe minor,
5. The writteninstrument appointing a short-term guardian becomes effective immediately uponexecution and must include, without limitation:
(a) The date onwhich the guardian is appointed;
(b) The name ofthe parent who appointed the guardian, the name of the minor child for whom theguardian is appointed and the name of the person who is appointed as theguardian; and
(c) Thesignature of the parent and the guardian in the presence of a notary publicacknowledging the appointment of the guardian. The parent and guardian are notrequired to sign and acknowledge the instrument in the presence of the other.
6. Theshort-term guardian appointed pursuant to this section serves as guardian ofthe minor for 6 months, unless the written instrument appointing the guardianspecifies a shorter term or specifies that the guardianship is to terminateupon the happening of an event that occurs sooner than 6 months.
7. Only onewritten instrument appointing a short-term guardian for the minor child may beeffective at any given time.
8. The appointment of a short-term guardian pursuantto this section:
(a) May be terminated by an instrument in writingsigned by either parent if that parent has not been deprived of the legalcustody of the minor.
(b) Is terminated by any order of a court of competentjurisdiction that appoints a guardian.
(Added to NRS by 1969, 194; A 1969, 434; 1989, 534;
NRS
1. A member of the Armed Forces of the United States,a reserve component thereof or the National Guard may, by written instrumentand without the approval of a court, appoint any competent adult residing inthis state as the guardian of the person of a minor child who is a dependent ofthat member. The instrument must be:
(a) Executed by both parents if living, not divorcedand having legal custody of the child, otherwise by the parent having legalcustody; and
(b) Acknowledged in the same manner as a deed.
If bothparents do not execute the instrument, the executing parent shall send bycertified mail, return receipt requested, to the other parent at his last knownaddress, a copy of the instrument and a notice of the provisions of subsection3.
2. The instrument must contain a provision settingforth the:
(a) Branch of the Armed Forces;
(b) Unit of current assignment;
(c) Current rank or grade; and
(d) Social security number or service number,
of theparent who is the member.
3. The appointment of a guardian pursuant to thissection:
(a) May be terminated by a written instrument signed byeither parent of the child if that parent has not been deprived of his parentalrights to the child; and
(b) Is terminated by any order of a court.
(Added to NRS by 1985, 1075)
ACTS AGAINST OR AFFECTING WARD OR PROPOSED WARD
NRS
1. If a guardian, interested person, ward or proposedward petitions the court upon oath alleging:
(a) That a person has or is suspected to haveconcealed, converted to his own use, conveyed away or otherwise disposed of anymoney, good, chattel or effect of the ward; or
(b) That the person has in his possession or knowledgeany deed, conveyance, bond, contract or other writing which contains evidenceof, or tends to disclose the right, title or interest of the ward or proposedward in or to, any real or personal property, or any claim or demand,
the judgemay cause the person to be cited to appear before the district court to answer,upon oath, upon the matter of the petition.
2. If the person cited does not reside in the countywhere letters of guardianship have been issued pursuant to
(Added to NRS by
NRS
1. If the court finds, after examination of a personcited pursuant to NRS 159.305, that theperson has committed an act:
(a) Set forth in paragraph (a) of subsection 1 of
(b) Set forth in paragraph (b) of subsection 1 of
2. The court may hold a person who is cited pursuantto NRS 159.305 in contempt of court anddeal with him accordingly if the person:
(a) Refuses to appear and submit to examination or totestify regarding the matter complained of in the petition; or
(b) Fails to comply with an order of the court issuedpursuant to subsection 1.
3. An order of the court pursuant to subsection 1 isprima facie evidence of the right of the proposed ward or the estate of theward to the asset described in the order in any action that may be brought forthe recovery thereof, and any judgment recovered therein must be double thevalue of the asset, and damages in addition thereof equal to the value of suchproperty.
4. If the person who is cited pursuant to
(a) The estate of the ward or proposed ward to pay theattorneys fees and costs of the respondent; or
(b) If the court finds that the petitionerunnecessarily or unreasonably filed the petition, the petitioner personally topay the attorneys fees and costs of the respondent.
(Added to NRS b y
APPEALS
NRS
1. Granting or revoking letters of guardianship.
2. Directing or authorizing the sale or conveyance, orconfirming the sale, of property of the estate of a ward.
3. Settling an account.
4. Ordering or authorizing a guardian to act pursuantto NRS 159.113.
5. Ordering or authorizing the payment of a debt,claim, devise, guardians fees or attorneys fees.
6. Determining ownership interests in property.
7. Granting or denying a petition to enforce theliability of a surety.
8. Granting or denying a petition for modification ortermination of a guardianship.
9. Granting or denying a petition for removal of aguardian or appointment of a successor guardian.
(Added to NRS by
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