Senate Bill No. 449

Senate Bill No. 449-Senators James and O'Donnell

CHAPTER

380

AN ACT relating to persons; providing for a hearing conducted by a special master to determine the person most qualified and suitable to serve as guardian for a proposed ward or to take custody of certain children; authorizing the court or a special master to allow certain persons to testify at a hearing to determine the person most qualified and suitable to serve as guardian for a proposed ward or to take custody of certain children; revising the provisions governing the appointment and removal of guardians; and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If the court determines that a person is in need of a guardian pursuant to NRS 159.054, the court may order the appointment of a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed ward.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court his recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed ward.
Sec. 3. If the court or a special master appointed pursuant to section 2 of this act finds that a person, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a proposed ward:
1. Has a personal interest in the well-being of the proposed ward; or
2. Possesses information that is relevant to the determination of who should serve as guardian for the proposed ward,
the court or a special master appointed pursuant to section 2 of this act may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to serve as guardian for the proposed ward.
Sec. 4. 1. Notwithstanding any other provision of law, if a guardian is appointed for a minor, except as otherwise provided in subsection 2, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the minor.
2. The court may remove the guardian of a minor or appoint another person as guardian if the guardian files a petition to resign his position as guardian.
Sec. 5. NRS 159.044 is hereby amended to read as follows:
159.0441. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.
2. The petition must state:
(a) The name and address of the petitioner.
(b) The name, age and address of the proposed ward.
(c) Whether the proposed ward is a resident or nonresident of this state.
(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.
(e) The name and address of the proposed guardian.
(f) That the proposed guardian has never been convicted of a felony.
(g) A summary of the reasons why a guardian is needed.
(h) Whether the appointment of a general or a special guardian is sought.
(i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
(j) The name and address of any person or institution having the care, custody or control of the proposed ward.
(k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
(l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
(m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides protective services. As used in this paragraph, "agency which provides protective services" has the meaning ascribed to it in NRS 432B.030.
Sec. 6. NRS 159.061 is hereby amended to read as follows:
159.0611. The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor.
2. Subject to [this preference,] the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.
3. In determining who is most suitable, the court shall give consideration, among other factors, to:
[1.] (a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.
[2.] (b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.
[3.] (c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.
[4.] (d) The relationship by blood or marriage of the proposed guardian to the proposed ward.
(e) Any recommendation made by a special master pursuant to section 2 of this act.
Sec. 7. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. If the court determines that a child must be kept in protective custody pursuant to NRS 432B.480 or must be placed in temporary or permanent custody pursuant to NRS 432B.550, the court may, before placing the child in the temporary or permanent custody of a person, order the appointment of a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to take custody of the child in consideration of the needs of the child for temporary or permanent placement.
2. Not later than 5 calendar days after the hearing, the special master shall prepare and submit to the court his recommendation regarding which person is most qualified and suitable to take custody of the child.
Sec. 9. If the court or a special master appointed pursuant to section 8 of this act finds that a person, including, but not limited to, a parent or other relative, teacher, friend or neighbor of a child:
1. Has a personal interest in the well-being of the child; or
2. Possesses information that is relevant to the determination of who should take custody of the child,
the court or the special master may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to take custody of the child.
Sec. 10. NRS 432B.430 is hereby amended to read as follows:
432B.430[Only] Except as otherwise provided in section 9 of this act, only those persons having a direct interest in the case, as ordered by the judge or master, may be admitted to any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive [.] , or section 8 of this act.
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