In re Guardianship of Rubin

The Supreme Court affirmed the order of the district court denying a guardianship petition, holding that the petition did not demonstrate that the proposed protected person was incapacitated.

Appellant filed a petition for appointment of temporary guardian and to establish a general permanent guardianship over his mother, Respondent, and her estate. The district court denied the petition without prejudice, finding that, under Nev. Rev. Stat. 159.044(2)(i), a guardianship over an adult proposed protected person cannot be granted without a physician's certificate. The Supreme Court affirmed but on different grounds, holding (1) a certificate from a physician or a qualified individual demonstrating need for a guardianship is required for the district court to consider a petition for adult guardianship, but the certificate need not be based on an in-person examination of the proposed protected person; (2) whether the petition and certificate warrant the need for a guardianship or further proceedings is within the district court's discretion; and (3) the district court did not err in dismissing the guardianship petition because the petition did not demonstrate that Appellant's mother was incapacitated.