2-28 reason of mental illness, mental deficiency, advanced age, disease,

2-29 weakness of mind or any other cause, is unable, without assistance,

2-33 independently some but not all of the decisions necessary for his own care

2-34 and the management of his property [.] and has attained the age of

2-38 proposed ward, a governmental agency, a nonprofit corporation or any

2-39 concerned person may petition the court for the appointment of a guardian.

3-33 and 159.052, the court, upon the filing of a petition under NRS 159.044,

3-34 shall direct the clerk to issue a citation setting forth a time and place for the

3-35 hearing and directing the persons or institutions referred to in subsection 2

3-36 to appear and show cause why a guardian should not be appointed for the

3-37 proposed ward.

3-38 2. A citation issued under subsection 1 must be served:

3-39 (a) If the proposed ward is an incompetent [:] or a person of limited

3-40 capacity:

3-41 (1) Upon the spouse and adult children of the incompetent or person

3-42 of limited capacity who are known to exist, or, if there are none, upon any

4-11 guardian. To support the request, the petitioner must set forth in a petition

4-12 and present to the court under oath:

4-13 (a) Facts which show that the proposed ward:

4-14 (1) Faces a substantial and immediate risk of financial loss or

4-15 physical harm or needs immediate medical attention; and

4-16 (2) Lacks capacity to respond to the risk of loss or harm or to obtain

4-17 the necessary medical attention; and

4-18 (b) Facts which show that:

4-19 (1) The petitioner has tried in good faith to notify the persons entitled

4-20 to notice pursuant to NRS 159.047; [or]

4-21 (2) The proposed ward would be exposed to an immediate risk of

4-22 financial loss or physical harm if the petitioner were to provide notice to

4-23 the persons entitled to notice pursuant to NRS 159.047 before the court

4-24 determines whether to appoint a temporary guardian [.] ; or

4-25 (3) Giving notice to the persons entitled to notice pursuant to NRS

4-26 159.047 is not feasible under the circumstances.

4-27 2. If the court:

4-28 (a) Finds reasonable cause to believe that the proposed ward is unable

4-29 to respond to a substantial and immediate risk of financial loss or physical

4-30 harm or to a need for immediate medical attention; and

4-31 (b) Is satisfied that the petitioner has tried in good faith to notify the

4-32 persons entitled to notice pursuant to NRS 159.047 or that giving notice to

4-33 those persons is not feasible under the circumstances, or determines that

4-34 such notice is not required pursuant to subparagraph (2) of paragraph (b)

4-35 of subsection 1,

4-36 the court may appoint a temporary guardian to serve for 10 days. The court

4-37 shall limit the temporary guardian’s powers to those necessary to assist in

4-38 the emergency.

4-39 3. Except as otherwise provided in subsection 4, after the appointment

4-40 of a temporary guardian, the petitioner shall [make a good faith effort]

4-41 attempt in good faith to notify the persons entitled to notice pursuant to

4-42 NRS 159.047. If the petitioner fails to make such an effort, the court may

5-27 may serve as a guardian. A person is not qualified to serve as a guardian

5-28 who [is:

5-29 1. An] :

5-30 1. Is an incompetent.

5-31 2. [A] Is a minor.

5-32 3. [A person who has] Has been convicted of a felony.

5-33 4. [A person] Has been suspended for misconduct or disbarred from

5-34 the practice of law during the period of the suspension or disbarment.

5-35 5. [A] Is a nonresident of this state [who] and has not:

5-36 (a) Associated as a coguardian, a resident of this state or a banking

5-37 corporation whose principal place of business is in this state; and

5-38 (b) Caused the appointment to be filed in the guardianship proceeding.

5-39 6. Has been judicially determined to have committed abuse, neglect

6-3 guardian and before letters of guardianship may issue, take and subscribe

6-4 the official oath and file in the [guardianship] proceeding his name,

6-5 residence and post office address. [Such] The oath, to be endorsed on the

6-6 letters of guardianship, [shall state that:

6-7 1. The guardian] must state that he will well and faithfully perform

6-8 the duties of guardian according to law . [;

6-9 2. All matters stated in any petition or paper filed with the court are

6-10 true of his own knowledge, except as to matters stated on information and

6-11 belief; and

6-12 3. As to matters stated on information and belief, he believes them to

6-16 the person has the care, custody and control of the person of the ward, and

6-17 has the authority and, subject to subsection 2, shall perform the duties

6-18 necessary for the proper care, maintenance, education and support of the

6-19 ward, including [but not limited to] the following:

6-20 (a) Supplying the ward with food, clothing, shelter and all incidental

6-21 necessaries.

6-22 (b) Authorizing medical, surgical, dental, psychiatric, psychological,

6-23 hygienic or other remedial care and treatment for the ward.

6-24 (c) [Seeing] If the ward is a minor or a person of limited capacity of

6-25 working age, seeing that the ward is properly trained and educated and that

6-26 he has the opportunity to learn a trade, occupation or profession.

6-27 2. In the performance of the duties enumerated in subsection 1 by a

6-28 guardian of the person, due regard [shall] must be given to the extent of

6-29 the estate of the ward. A guardian of the person is not required to incur

6-30 expenses on behalf of the ward except to the extent that the estate of the

6-31 ward is sufficient to reimburse the guardian. [Nothing contained in this

6-32 section shall be deemed to] This section does not relieve a parent or other

6-33 person of any duty required by law to provide for the care, support and

6-37 over the ward in a manner which is least restrictive of the ward’s personal

6-38 freedom consistent with the need for supervision and protection. The order

6-39 appointing a special guardian may delegate to him the right:

6-40 1. To apply for governmental benefits on behalf of the ward.

6-41 2. To contract on behalf of the ward.

6-42 3. To manage the ward’s property and make gifts or dispositions of

7-8 biomedical or behavioral treatment , or sterilization of a ward , or to the

7-9 ward’s participation in any biomedical or behavioral experiment, unless

7-10 he is specifically empowered to do so by the court. The court may

7-11 authorize experimental treatment or participation only if:

7-12 1. It is of direct benefit to, and intended to preserve the life or prevent

7-13 serious impairment to the mental or physical health of, the ward; or

7-17 within 60 days after the date of his appointment, or, if necessary, such

7-18 further time as the court may allow, a guardian of the estate shall make and

7-19 file in the guardianship proceeding a verified inventory of all the property

7-20 of the ward which comes to his possession or knowledge.

7-21 2. [Whenever] If a complete inventory of the proposed ward’s estate

7-22 is included in the petition for appointment of a permanent guardian, a

7-23 separate inventory need not be filed.

7-24 3. If any property of the ward not mentioned in the inventory comes to

7-25 the possession or knowledge of a guardian of the estate, he shall make and

7-26 file in the [guardianship] proceeding a verified supplemental inventory

7-27 within 30 days after the property comes to his possession or knowledge or

7-28 include the property in his next accounting. The court may order which of

7-29 the two methods the guardian shall follow.

7-30 [3.] 4. The court may order all or any part of the property of the ward

7-31 appraised as provided in NRS 144.020, 144.025, 144.030, 144.070 and

7-35 that:

7-36 (a) The guardian has become disqualified, mentally incompetent,

7-37 unsuitable or otherwise incapable of exercising his authority and

7-38 performing his duties as provided by law;

7-39 (b) The guardian of the estate has mismanaged the estate of the ward;

7-40 (c) The guardian has failed to perform any duty as provided by law or

7-41 by any lawful order of the court; or

7-42 (d) The best interest of the ward will be served by the appointment of

8-24 thereafter, the estate of a ward consists of personal property having a value

8-25 not exceeding by more than [$1,000] $5,000 the aggregate amount of

8-26 unpaid expenses of administration of the guardianship estate and claims

8-27 against the estate, the guardian of the estate, with prior approval of the

8-28 court by order, may pay [such] those expenses and claims from the estate

8-29 and deliver all the remaining personal property to such person as the court

8-30 may designate in the order, to be held, invested or used as ordered by the

8-31 court. The recipient of the property so delivered shall give a receipt

8-32 therefor to the guardian. The receipt is a release and acquittance to the

8-33 guardian as to the property so delivered. The guardian shall file in the

8-34 [guardianship] proceeding proper receipts or other evidence satisfactory to

8-35 the court showing [such] the delivery, and the guardian [shall be] is

8-39 petition the court for the termination or modification of a guardianship.

8-40 [Upon the filing of the petition, the court may appoint an attorney to

8-41 represent the ward if he is unable to retain one and the court determines

8-42 that the appointment is necessary to protect his interests.] The petition

9-10 1. If for a minor, when [the minor] he reaches the age of majority

9-11 according to the law of [such minor’s] his domicile;

9-12 2. By the death of the ward; [or]

9-13 3. Upon the ward’s change of domicile to a place outside this state

9-14 and the transfer of jurisdiction to the court having jurisdiction in the new

9-15 domicile; or

9-16 4. Upon order of the court, if the court determines that the

9-17 guardianship no longer is necessary. If the guardianship is of the person

9-18 and estate, the court may order the guardianship terminated as to the

9-22 proceedings it appears to the court that, after payment of all claims and

9-23 expenses of the guardianship the value of the ward’s property does not

9-24 exceed [$3,000,] $5,000, the court may:

9-25 1. Authorize the guardian of the estate or special guardian who is

9-26 authorized to manage the ward’s property to convert the property to cash

9-27 [or marketable stocks and bonds] and sell any of the property, with or

9-28 without notice, as the court may direct. After the payment of all claims and

9-29 the expenses of the guardianship, the guardian shall deposit [such cash] the

9-30 money in savings accounts or invest it as provided in NRS 159.117, and

9-31 hold the investment and all interest, issues, dividends and profits for the

9-32 benefit of the ward. The court may dispense with annual accountings and

9-33 all other proceedings required by this chapter . [if the investment fund is

9-34 held intact to be distributed to the ward upon removal of his legal

9-35 disability.]

9-36 2. If the ward is a minor, terminate the guardianship of the estate and

9-37 direct the guardian to deliver the ward’s property to the [father or mother]

9-38 parent, guardian or custodian of the minor to hold, invest or use as the

9-39 court may order.

9-40 3. If the ward is in the custody and control of a facility for skilled

9-41 nursing, terminate the guardianship of the estate and direct the guardian