2017 Nevada Revised Statutes
Chapter 159 - Guardianships
NRS 159.061 - Minor wards: Preference for appointment of parent; other considerations in determining qualifications and suitability of guardian.

1. The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. The appointment of a parent as guardian for the minor must not conflict with a valid order for custody of the minor.

2. In determining whether the parents of a minor, or either parent, or any other person who seeks appointment as guardian for the minor is qualified and suitable, the court shall consider, if applicable and without limitation:

(a) Which parent has physical custody of the minor;

(b) The ability of the parents, parent or other person to provide for the basic needs of the minor, including, without limitation, food, shelter, clothing and medical care;

(c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

(d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult; and

(e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony.

3. Subject to the preference set forth in subsection 1, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.

4. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

(a) Any nomination of a guardian for the minor contained in a will or other written instrument executed by a parent of the minor.

(b) Any request made by the minor, if he or she is 14 years of age or older, for the appointment of a person as guardian for the minor.

(c) The relationship by blood or adoption of the proposed guardian to the minor. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:

(1) Parent.

(2) Adult sibling.

(3) Grandparent.

(4) Uncle or aunt.

(d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

(e) Any recommendation made by:

(1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or

(2) A guardian ad litem or court appointed special advocate who represents the minor.

(f) Any request for the appointment of any other interested person that the court deems appropriate.

5. As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(Added to NRS by 1969, 416; A 1981, 1936; 1997, 1344; 1999, 142; 2001, 3072; 2003, 1783; 2005, 817; 2015, 2366, 2508)