2005 Nevada Revised Statutes - Chapter 160 — Veterans Guardianship (Uniform Act)

CHAPTER 160 - VETERANS GUARDIANSHIP(UNIFORM ACT)

NRS 160.010 Shorttitle.

NRS 160.020 Definitions.

NRS 160.030 Applicability.

NRS 160.040 Limitationon number of wards; exceptions.

NRS 160.050 Appointmentof guardian.

NRS 160.060 Evidenceof necessity for guardian for minor.

NRS 160.070 Evidenceof necessity for guardian for incompetent.

NRS 160.080 Notice.

NRS 160.090 Bond.

NRS 160.100 Accounts.

NRS 160.110 Penaltyfor failure to account.

NRS 160.120 Compensationof guardian.

NRS 160.130 Investments.

NRS 160.140 Maintenanceand support.

NRS 160.150 Copiesof public records to be furnished.

NRS 160.160 Commitmentto Department of Veterans Affairs or other federal agency.

NRS 160.161 Regulationsof Department of Veterans Affairs or other federal agency; powers of officer;jurisdiction of court.

NRS 160.162 Transferof person from Northern Nevada Adult Mental Health Services to Department ofVeterans Affairs or other federal agency.

NRS 160.170 Dischargeof guardian.

NRS 160.180 Liberalconstruction.

NRS 160.190 Uniformityof interpretation.

_________

NRS 160.010 Shorttitle. This chapter may be cited as theUniform Veterans Guardianship Act.

[18:28:1929; NCL 9565]

NRS 160.020 Definitions. As used in this chapter:

1. Benefits means all money payable by the UnitedStates through the Department of Veterans Affairs.

2. Department of Veterans Affairs means theDepartment of Veterans Affairs, its predecessors or successors.

3. Estate and income include only money receivedby the guardian from the Department of Veterans Affairs and all earnings,interest and profits derived therefrom.

4. Guardian means any person acting as a fiduciaryfor a ward.

5. Secretary means the Secretary of Veterans Affairsof the United States or his successor.

6. Ward means a beneficiary of the Department ofVeterans Affairs.

[1:28:1929; NCL 9548](NRS A 1985, 508; 1995, 1078)

NRS 160.030 Applicability. Whenever, pursuant to any law of the United States orregulation of the Department of Veterans Affairs, the Secretary requires theappointment of a guardian for a ward before the payment of benefits, the appointmentmust be made in the manner provided in this chapter.

[2:28:1929; NCL 9549](NRS A 1995, 1078)

NRS 160.040 Limitationon number of wards; exceptions.

1. Except as otherwise provided in this section, it isunlawful for any person to accept appointment as guardian of any ward if theproposed guardian is at that time acting as guardian for five wards. In anycase, upon presentation of a petition by an attorney of the Department of VeteransAffairs pursuant to this section alleging that a guardian is acting in afiduciary capacity for more than five wards and requesting his discharge forthat reason, the court, upon proof substantiating the petition, shall require afinal accounting from the guardian and shall discharge him in the case.

2. The limitations of this section do not apply wherethe guardian is a bank or trust company acting for the wards estates only.

3. An individual may be guardian of more than fivewards if they are all members of the same family.

4. The limitations of this section do not apply to theExecutive Director for Veterans Services or to a public guardian.

[3:28:1929; NCL 9550](NRS A 1961, 32; 1977, 488;1995, 1078; 1999,2477)

NRS 160.050 Appointmentof guardian.

1. A petition for the appointment of a guardian may befiled in any court of competent jurisdiction by or on behalf of any person whounder existing law is entitled to priority of appointment. If there is noperson so entitled or if the person so entitled neglects or refuses to filesuch a petition within 30 days after the mailing of notice by the Department ofVeterans Affairs to the last known address of such person indicating thenecessity for the same, a petition for such appointment may be filed in anycourt of competent jurisdiction by or on behalf of any responsible personresiding in this State.

2. The petition for appointment must set forth thename, age and place of residence of the ward, the names and places of residenceof the nearest relatives, if known, and the fact that the ward is entitled toreceive money payable by or through the Department of Veterans Affairs, andmust set forth the amount of money then due and the amount of probable futurepayments.

3. The petition must also set forth the name andaddress of the person or institution, if any, having actual custody of theward.

4. In case of a mentally incompetent ward the petitionmust show that such ward has been rated incompetent on examination by theDepartment of Veterans Affairs in accordance with the laws and regulationsgoverning the Department of Veterans Affairs.

[4:28:1929; NCL 9551](NRS A 1995, 1079)

NRS 160.060 Evidenceof necessity for guardian for minor. If apetition is filed for the appointment of a guardian of a minor ward, acertificate of the Secretary or his representative, setting forth the age ofsuch minor as shown by the records of the Department of Veterans Affairs andthe fact that the appointment of a guardian is a condition precedent to thepayment of any money due the minor by the Department of Veterans Affairs,constitutes prima facie evidence of the necessity for such appointment.

[5:28:1929; NCL 9552](NRS A 1995, 1079)

NRS 160.070 Evidenceof necessity for guardian for incompetent. Ifa petition is filed for the appointment of a guardian of a mentally incompetentward, a certificate of the Secretary or his representative, setting forth thefact that such person has been rated incompetent by the Department of VeteransAffairs on examination in accordance with the laws and regulations governingthe Department of Veterans Affairs and that the appointment of a guardian is acondition precedent to the payment of any money due such person by theDepartment of Veterans Affairs, constitutes prima facie evidence of thenecessity for such appointment.

[6:28:1929; NCL 9553](NRS A 1995, 1079)

NRS 160.080 Notice. Upon the filing of a petition for the appointment of aguardian under the provisions of this chapter, the court shall cause suchnotice to be given as provided by law.

[7:28:1929; NCL 9554]

NRS 160.090 Bond.

1. Before making an appointment under the provisionsof this chapter, the court shall establish to its satisfaction that the personwhose appointment as guardian is sought is a fit and proper person to beappointed.

2. Upon the appointment being made, the guardianshall, except as otherwise provided in this section, execute and file a bond tobe approved by the court in an amount not less than the value of the personalproperty of the estate plus the anticipated annual income. Thereafter, theamount of the bond must be equal to the total value of the personal estate plusthe annual income. The bond must be in the form and be conditioned as requiredof guardians appointed pursuant to the provisions of chapter 159 of NRS. Thepremiums on all such bonds must be paid from the estate.

3. If a banking corporation as defined in NRS 657.016, or a trust company, as definedby NRS 669.070, doing business in thisstate is appointed guardian of the estate of a ward, no bond is required of theguardian unless the court by specific order requires a bond. If the ExecutiveDirector for Veterans Services is appointed guardian, no bond is required.

4. If the court orders that the estate and income, ora part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as definedby NRS 669.070, doing business in thisstate and that such estate and income, or any part thereof, must not bewithdrawn without authorization of the court, then the amount of the guardiansbond must be reduced in an amount equal to the amount of the estate and incomeon deposit with the banking corporation, and the surety on the bonds must beexonerated from any loss to the estate in connection with the deposit.

5. Where a bond is tendered by a guardian withpersonal sureties, the sureties shall file with the court a certificate underoath which describes the property owned, both real and personal, and contains astatement that they are each worth the sum named in the bond as the penaltythereof over and above all their debts and liabilities and exclusive ofproperty exempt from execution.

[8:28:1929; NCL 9555](NRS A 1959, 65; 1969, 1190;1971, 1010; 1977, 640; 1999,2478)

NRS 160.100 Accounts.

1. Every guardian who receives on account of his wardany money from the Department of Veterans Affairs shall file with the courtannually, on the anniversary date of the appointment, in addition to such otheraccounts as may be required by the court, a full, true and accurate accountunder oath of all money so received by him and of all disbursements thereof,and showing the balance thereof in his hands at the date of such account andhow invested.

2. A certified copy of each of such accounts filedwith the court must be sent by the guardian to the office of the Department ofVeterans Affairs having jurisdiction over the area in which the court islocated. The court shall fix a time and place for the hearing on such accountnot less than 15 days or more than 30 days after the date of filing theaccount, and notice thereof must be given by the court to the concerned officeof the Department of Veterans Affairs not less than 15 days before the datefixed for the hearing.

3. Notice of such hearing must in like manner be givento the guardian.

[9:28:1929; NCL 9556](NRS A 1995, 1080)

NRS 160.110 Penaltyfor failure to account. If any guardian failsto file any account of the money received by him from the Department of VeteransAffairs on account of his ward within 30 days after such account is required byeither the court or the Department of Veterans Affairs, or fails to furnish theDepartment of Veterans Affairs with a copy of his accounts as required by thischapter, such failure constitutes grounds for removal.

[10:28:1929; NCL 9557](NRS A 1995, 1080)

NRS 160.120 Compensationof guardian. Compensation payable to aguardian must not exceed 5 percent of the income of the ward during any year.In the event of extraordinary services rendered by any guardian, the court may,upon petition and after hearing thereon, authorize additional compensationtherefor payable from the estate of the ward. Notice of such petition andhearing must be given to the proper office of the Department of VeteransAffairs in the manner provided in NRS160.100. No compensation may be allowed on the corpus of an estate receivedfrom a preceding guardian. The guardian may be allowed from the estate of hisward reasonable premiums paid by him to any corporate surety upon his bond.

[11:28:1929; NCL 9558](NRS A 1995, 1080)

NRS 160.130 Investments. Every guardian shall invest the funds of the estate insuch manner or in such securities, in which the guardian has no interest, asallowed by law or approved by the court.

[12:28:1929; NCL 9559]

NRS 160.140 Maintenanceand support. A guardian shall not apply anyportion of the estate of his ward for the support and maintenance of any personother than his ward, except upon order of the court after a hearing, notice ofwhich has been given to the proper office of the Department of Veterans Affairsin the manner provided in NRS 160.100.

[13:28:1929; NCL 9560](NRS A 1995, 1080)

NRS 160.150 Copiesof public records to be furnished. When a copyof any public record is required by the Department of Veterans Affairs to beused in determining the eligibility of any person to participate in benefitsmade available by the Department of Veterans Affairs, the official charged withthe custody of such public record shall without charge provide the applicantfor such benefits or any person acting on his behalf or the representative ofthe Department of Veterans Affairs with a certified copy of such record.

[14:28:1929; NCL 9561](NRS A 1995, 1081)

NRS 160.160 Commitmentto Department of Veterans Affairs or other federal agency.

1. In any proceeding under the laws of this State forinvoluntary court-ordered admission of a person alleged to be mentally ill or otherwisein need of confinement in a hospital or other institution for his care, thecourt may order the admission of that person to the Department of VeteransAffairs or another agency of the Federal Government, whenever:

(a) It is determined, after such adjudication of thestatus of that person as may be required by chapter433A of NRS, that involuntary court-ordered admission to a hospital formental disease or another institution is necessary for safekeeping ortreatment; and

(b) It appears that he is eligible for care ortreatment by the Department of Veterans Affairs or any other agency that hasfacilities available and that he is eligible for care or treatment therein.

2. The person whose involuntary court-orderedadmission is sought must be personally served with notice of the pendingproceeding in the manner provided by chapter433A of NRS. This chapter does not affect that persons right to appear andbe heard in the proceedings.

[15:28:1929; NCL 9562](NRS A 1957, 660; 1975,1632; 1985, 2274; 1995, 1081)

NRS 160.161 Regulationsof Department of Veterans Affairs or other federal agency; powers of officer;jurisdiction of court.

1. Upon commitment, a person is subject to the rulesand regulations of the Department of Veterans Affairs or other agency whenadmitted to any facility operated by any such agency within or without thisstate.

2. The chief officer of any facility of the Departmentof Veterans Affairs or institution operated by any other agency of the UnitedStates to which the person is so committed is, with respect to that person,vested with the same powers as the Director and the Medical Director of NorthernNevada Adult Mental Health Services with respect to retention of custody,transfer, parole or discharge.

3. The committing court shall retain jurisdiction:

(a) To inquire, at any time, into the mental conditionof persons so committed.

(b) To determine the necessity for the continuance ofhis restraint.

(Added to NRS by 1957, 660; A 1973, 92, 1218; 1995,1081; 2001, 1116)

NRS 160.162 Transferof person from Northern Nevada Adult Mental Health Services to Department ofVeterans Affairs or other federal agency.

1. Upon receipt of a certificate of the Department ofVeterans Affairs or another agency of the United States that facilities areavailable for the care or treatment of any person previously committed to thecustody of Northern Nevada Adult Mental Health Services and that the person iseligible for care or treatment, the Director of Northern Nevada Adult MentalHealth Services may cause the transfer of the person to the Department ofVeterans Affairs or other agency of the United States for care or treatment.

2. The committing court must be notified by theDirector of Northern Nevada Adult Mental Health Services upon effecting such atransfer.

3. No person may be transferred to the Department ofVeterans Affairs or such other agency of the United States if he is confinedpursuant to a conviction of a felony or misdemeanor or if he has been acquittedof the charge solely on the ground of insanity, unless before the transfer thecourt originally committing the person enters an order for the transfer afterappropriate motion and hearing.

4. Any person transferred as provided in this sectionshall be deemed to be committed to the Department of Veterans Affairs or otheragency of the United States pursuant to the original commitment.

(Added to NRS by 1957, 661; A 1973, 92, 1219; 1995,1081; 2001, 1116)

NRS 160.170 Dischargeof guardian. When a minor ward for whom aguardian has been appointed under the provisions of this chapter or other lawsof this state attains his majority, and if incompetent is declared competent bythe Department of Veterans Affairs and the court, and when any incompetentward, not a minor, is declared competent by the Department of Veterans Affairsand the court, the guardian must, upon making a satisfactory accounting, bedischarged upon a petition filed for that purpose.

[16:28:1929; NCL 9563](NRS A 1995, 1082)

NRS 160.180 Liberalconstruction. This chapter must be construedliberally to secure the beneficial intents and purposes thereof and appliesonly to beneficiaries of the Department of Veterans Affairs.

[17:28:1929; NCL 9564](NRS A 1995, 1082)

NRS 160.190 Uniformityof interpretation. This chapter shall be sointerpreted and construed as to effectuate its general purpose to make uniformthe law of those states which enact it.

[19:28:1929; NCL 9566]

 

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