1. Assembly Bill No. 517–Assemblymen Freeman, Gibbons,


  1. Arberry, Giunchigliani, Williams and Parks

CHAPTER........

AN ACT relating to adult persons; revising provisions concerning their guardianship; and

providing other matters properly relating thereto.

 

 

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 and 3 of this act.

Sec. 2. If an adult ward or proposed adult ward is unable to retain

legal counsel and requests the appointment of counsel, at any stage of a

proceeding for guardianship and whether or not he lacks or appears to

lack capacity, the court shall, at or before the time of the next hearing,

appoint an attorney who works for legal aid services, if available, or a

private attorney to represent him. The attorney’s fees must be paid from

the estate of the ward or proposed ward to the extent possible.

Sec. 3. 1. The guardian may retain assets for the anticipated

expense of the ward’s funeral and the disposal of his remains. Of the

amount so retained, $1,500 is exempt from all claims, including those of

this state.

2. The guardian may place assets so retained in a pooled account or

trust. If the assets are invested in a savings account or other financial

account, they are not subject to disposition as unclaimed property during

the lifetime of the ward.

3. Assets so retained may be disbursed for the ward’s funeral or the

disposal of his remains without prior authorization of the court. An

amount not so disbursed becomes part of the ward’s estate.

Sec. 4. NRS 159.019 is hereby amended to read as follows:

  1. 159.019 "Incompetent" [includes any] means an adult person who, by
  1. reason of mental illness, mental deficiency, [advanced age,] disease,
  1. weakness of mind or any other cause, is unable, without assistance,
  1. properly to manage and take care of himself or his property.

Sec. 5. NRS 159.022 is hereby amended to read as follows:

  1. 159.022 A person is of "limited capacity" if he is able to make
  1. independently some but not all of the decisions necessary for his own care
  1. and the management of his property [.] and has attained the age of
  1. majority.

Sec. 6. NRS 159.044 is hereby amended to read as follows:

  1. 159.044 1. Except as otherwise provided in NRS 127.045, a
  1. proposed ward, a governmental agency, a nonprofit corporation or any
  1. concerned person may petition the court for the appointment of a guardian.
  1. 2. The petition must state:
  1. (a) The name and address of the petitioner
  1. .
  2. (b) The name, age and address of the proposed ward. If he is a minor,
  1. the date on which he will attain the age of majority and whether he will
  1. need guardianship after attaining the age of majority.
  1. (c) Whether the proposed ward is a resident or nonresident of this state.
  1. (d) The names and addresses, so far as they are known to the petitioner,
  1. of the relatives of the proposed ward within the second degree.
  1. (e) The name and address of the proposed guardian.
  1. (f) That the proposed guardian has never been convicted of a felony.
  1. (g) A summary of the reasons why a guardian is needed.
  1. (h) Whether the appointment of a general or a special guardian is
  1. sought.
  1. (i) A general description and the probable value of the property of the
  1. proposed ward and any income to which he is entitled, if the petition is for
  1. the appointment of a guardian of the estate or a special guardian. If any
  1. money is paid or is payable to the proposed ward by the United States
  1. through the Department of Veterans Affairs, the petition must so state.
  1. (j) The name and address of any person or institution having the care,
  1. custody or control of the proposed ward.
  1. (k) The relationship, if any, of the petitioner to the proposed ward and
  1. the interest, if any, of the petitioner in the appointment.
  1. (l) Requests for any of the specific powers set forth in NRS 159.117 to
  1. 159.175, inclusive, necessary to enable the guardian to carry out the duties
  1. of the guardianship.
  1. (m) Whether the guardianship is sought as the result of an investigation
  1. of a report of abuse or neglect that is conducted pursuant to chapter 432B
  1. of NRS by an agency which provides protective services. As used in this
  1. paragraph, "agency which provides protective services" has the meaning
  1. ascribed to it in NRS 432B.030.

Sec. 7. NRS 159.047 is hereby amended to read as follows:

  1. 159.047 1. Except as otherwise provided in NRS 159.0475, 159.049
  1. and 159.052, the court, upon the filing of a petition under NRS 159.044,
  1. shall direct the clerk to issue a citation setting forth a time and place for the
  1. hearing and directing the persons or institutions referred to in subsection 2
  1. to appear and show cause why a guardian should not be appointed for the
  1. proposed ward.
  1. 2. A citation issued under subsection 1 must be served:
  1. (a) If the proposed ward is an incompetent [:] or a person of limited
  1. capacity:
  1. (1) Upon the spouse and adult children of the incompetent or person
  1. of limited capacity who are known to exist, or, if there are none, upon any
  1. parent, brother or sister of the incompetent or person of limited capacity;
  1. (2) Upon any person or officer of an institution having the care,
  1. custody or control of the incompetent or person of limited capacity; and
  1. (3) Upon the incompetent or person of limited capacity.
  1. (b) If the proposed ward is a minor:
  1. (1) Upon the parents of the minor
  1. ;
  2. (2) Upon any person or officer of an institution having care, custody
  1. or control of the minor; and
  1. (3) If the minor is 14 years of age or older, upon the minor.

Sec. 8. NRS 159.052 is hereby amended to read as follows:

  1. 159.052 1. A petitioner may request the court to appoint a temporary
  1. guardian. To support the request, the petitioner must set forth in a petition
  1. and present to the court under oath:
  1. (a) Facts which show that the proposed ward:
  1. (1) Faces a substantial and immediate risk of financial loss or physical
  1. harm or needs immediate medical attention; and
  1. (2) Lacks capacity to respond to the risk of loss or harm or to obtain
  1. the necessary medical attention; and
  1. (b) Facts which show that:
  1. (1) The petitioner has tried in good faith to notify the persons entitled
  1. to notice pursuant to NRS 159.047; [or]
  1. (2) The proposed ward would be exposed to an immediate risk of
  1. financial loss or physical harm if the petitioner were to provide notice to
  1. the persons entitled to notice pursuant to NRS 159.047 before the court
  1. determines whether to appoint a temporary guardian [.] ; or
  1. (3) Giving notice to the persons entitled to notice pursuant to NRS
  1. 159.047 is not feasible under the circumstances.
  1. 2. If the court:
  1. (a) Finds reasonable cause to believe that the proposed ward is unable to
  1. respond to a substantial and immediate risk of financial loss or physical
  1. harm or to a need for immediate medical attention; and
  1. (b) Is satisfied that the petitioner has tried in good faith to notify the
  1. persons entitled to notice pursuant to NRS 159.047 or that giving notice to
  1. those persons is not feasible under the circumstances, or determines that
  1. such notice is not required pursuant to subparagraph (2) of paragraph (b) of
  1. subsection 1,
  1. the court may appoint a temporary guardian to serve for 10 days. The court
  1. shall limit the temporary guardian’s powers to those necessary to assist in
  1. the emergency.
  1. 3. Except as otherwise provided in subsection 4, after the appointment
  1. of a temporary guardian, the petitioner shall [make a good faith effort]
  1. attempt in good faith to notify the persons entitled to notice pursuant to
  1. NRS 159.047. If the petitioner fails to make such an effort, the court may
  1. terminate the temporary guardianship.

4. If, before the appointment of a temporary guardian, the court

determined that advance notice was not required pursuant to subparagraph

(2) of paragraph (b) of subsection 1, the petitioner shall notify the persons

entitled to notice pursuant to NRS 159.047 without undue delay, but not

later than [24] 48 hours after the appointment of the temporary guardian [.]

or not later than 48 hours after he discovers the existence, identity and

location of the persons entitled to notice pursuant to that section. If the

petitioner fails to provide such notice, the court may terminate the

temporary guardianship.

  1. 5. Within 10 days after the appointment of a temporary guardian
  1. pursuant to subsection 2, the court shall hold a hearing to determine the
  1. need to extend the temporary guardianship. Except as otherwise provided
  1. in subsection 6, if the court finds by clear and convincing evidence that the
  1. proposed ward is unable to respond to a substantial and immediate risk of
  1. financial loss or physical harm or to a need for immediate medical
  1. attention, the court may extend the temporary guardianship until a general
  1. or special guardian is appointed, but not for more than 30 days. The court
  1. shall limit the temporary guardian’s powers to those necessary to assist in
  1. the emergency.

6. The court may not extend a temporary guardianship pursuant to

subsection 5 beyond the initial period of 10 days unless the petitioner

demonstrates that:

(a) The provisions of NRS 159.0475 have been satisfied; or

(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being

undertaken.

Sec. 9. NRS 159.059 is hereby amended to read as follows:

  1. 159.059 Any qualified person or entity that the court finds suitable may
  1. serve as a guardian. A person is not qualified to serve as a guardian who
  1. [is:
  1. 1. An] :
  1. 1. Is an incompetent.
  1. 2. [A] Is a minor.
  1. 3. [A person who has] Has been convicted of a felony.
  1. 4. [A person] Has been suspended for misconduct or disbarred from
  1. the practice of law during the period of the suspension or disbarment.
  1. 5. [A] Is a nonresident of this state [who] and has not:
  1. (a) Associated as a coguardian, a resident of this state or a banking
  1. corporation whose principal place of business is in this state; and
  1. (b) Caused the appointment to be filed in the guardianship proceeding.

6. Has been judicially determined, by clear and convincing evidence,

to have committed abuse, neglect or exploitation of a child, spouse,

parent or other adult.

Sec. 10. NRS 159.073 is hereby amended to read as follows:

  1. 159.073 Every guardian shall, before entering upon his duties as
  1. guardian and before letters of guardianship may issue, take and subscribe
  1. the official oath and file in the [guardianship] proceeding his name,
  1. residence and post office address. [Such] The oath, to be endorsed on the
  1. letters of guardianship, [shall state that:
  1. 1. The guardian] must state that he will well and faithfully perform the
  1. duties of guardian according to law . [;
  1. 2. All matters stated in any petition or paper filed with the court are
  1. true of his own knowledge, except as to matters stated on information and
  1. belief; and
  2. 3. As to matters stated on information and belief, he believes them to
  1. be true.]

Sec. 11. NRS 159.079 is hereby amended to read as follows:

  1. 159.079 1. Except as otherwise ordered by the court, a guardian of
  1. the person has the care, custody and control of the person of the ward, and
  1. has the authority and, subject to subsection 2, shall perform the duties
  1. necessary for the proper care, maintenance, education and support of the
  1. ward, including [but not limited to] the following:
  1. (a) Supplying the ward with food, clothing, shelter and all incidental
  1. necessaries.
  1. (b) Authorizing medical, surgical, dental, psychiatric, psychological,
  1. hygienic or other remedial care and treatment for the ward.
  1. (c) Seeing that the ward is properly trained and educated and that he has
  1. the opportunity to learn a trade, occupation or profession.
  1. 2. In the performance of the duties enumerated in subsection 1 by a
  1. guardian of the person, due regard [shall] must be given to the extent of the
  1. estate of the ward. A guardian of the person is not required to incur
  1. expenses on behalf of the ward except to the extent that the estate of the
  1. ward is sufficient to reimburse the guardian. [Nothing contained in this
  1. section shall be deemed to] This section does not relieve a parent or other
  1. person of any duty required by law to provide for the care, support and
  1. maintenance of any dependent.

Sec. 12. NRS 159.0805 is hereby amended to read as follows:

  1. 159.0805 A guardian shall not consent to experimental medical ,
  1. biomedical or behavioral treatment , or sterilization of a ward , or to the
  1. ward’s participation in any biomedical or behavioral experiment, unless
  1. he is specifically empowered to do so by the court. The court may
  1. authorize experimental treatment or participation only if:
  1. 1. It is of direct benefit to, and intended to preserve the life or prevent
  1. serious impairment to the mental or physical health of, the ward; or
  1. 2. It is intended to assist the ward to develop or regain his abilities.

Sec. 13. NRS 159.085 is hereby amended to read as follows:

  1. 159.085 1. Within 60 days after the date of his appointment, or, if
  1. necessary, such further time as the court may allow, a guardian of the estate
  1. shall make and file in the guardianship proceeding a verified inventory of
  1. all the property of the ward which comes to his possession or knowledge.
  1. 2. Whenever any property of the ward not mentioned in the inventory
  1. comes to the possession or knowledge of a guardian of the estate, he shall
  1. make and file in the [guardianship] proceeding a verified supplemental
  1. inventory within 30 days after the property comes to his possession or
  1. knowledge or include the property in his next accounting. The court may
  1. order which of the two methods the guardian shall follow.

3. The court may order all or any part of the property of the ward

appraised as provided in NRS 144.020, 144.025, 144.030, 144.070 and

144.090.

Sec. 14. NRS 159.189 is hereby amended to read as follows:

  1. 159.189 [Where,] If, at the time of the appointment of the guardian or
  1. thereafter, the estate of a ward consists of personal property having a value
  1. not exceeding by more than [$1,000] $5,000 the aggregate amount of
  1. unpaid expenses of administration of the guardianship estate and claims
  1. against the estate, the guardian of the estate, with prior approval of the
  1. court by order, may pay [such] those expenses and claims from the estate
  1. and deliver all the remaining personal property to such person as the court
  1. may designate in the order, to be held, invested or used as ordered by the
  1. court. The recipient of the property so delivered shall give a receipt
  1. therefor to the guardian. The receipt is a release and acquittance to the
  1. guardian as to the property so delivered. The guardian shall file in the
  1. [guardianship] proceeding proper receipts or other evidence satisfactory to
  1. the court showing [such] the delivery, and the guardian [shall be] is
  1. released from his trust and his bond exonerated.

Sec. 15. NRS 159.1905 is hereby amended to read as follows:

  1. 159.1905 A ward [or other] , the guardian or another person may
  1. petition the court for the termination or modification of a guardianship.
  1. [Upon the filing of the petition, the court may appoint an attorney to
  1. represent the ward if he is unable to retain one and the court determines that
  1. the appointment is necessary to protect his interests.] The petition must
  1. state or contain:
  1. 1. The name and address of the petitioner.
  1. 2. The name, age and address of the ward, if the ward is not the
  1. petitioner, or the date of death of the ward if the ward is deceased.
  1. 3. The name and address of the guardian, if the guardian is not the
  1. petitioner.
  1. 4. The reason for termination or modification.
  1. 5. A general description and the value of the remaining property of
  1. the ward and the proposed disposition of that property.

Sec. 16. NRS 159.191 is hereby amended to read as follows:

  1. 159.191 A guardianship is terminated:
  1. 1. If for a minor, when [the minor] he reaches the age of majority
  1. according to the law of [such minor’s] his domicile;
  1. 2. By the death of the ward; [or]
  1. 3. Upon the ward’s change of domicile to a place outside this state
  1. and the transfer of jurisdiction to the court having jurisdiction in the new
  1. domicile; or
  1. 4. Upon order of the court, if the court determines that the guardianship
  1. no longer is necessary. If the guardianship is of the person and estate, the
  1. court may order the guardianship terminated as to the person, the estate or
  1. the person and estate.

Sec. 17. NRS 159.201 is hereby amended to read as follows:

  1. 159.201 If at any time during the course of the [guardianship]
  1. proceedings it appears to the court that, after payment of all claims and
  2. expenses of the guardianship the value of the ward’s property does not
  1. exceed [$3,000,] $5,000, the court may:
  1. 1. Authorize the guardian of the estate or special guardian who is
  1. authorized to manage the ward’s property to convert the property to cash
  1. [or marketable stocks and bonds] and sell any of the property, with or
  1. without notice, as the court may direct. After the payment of all claims and
  1. the expenses of the guardianship, the guardian shall deposit [such cash] the
  1. money in savings accounts or invest it as provided in NRS 159.117, and
  1. hold the investment and all interest, issues, dividends and profits for the
  1. benefit of the ward. The court may dispense with annual accountings and
  1. all other proceedings required by this chapter . [if the investment fund is
  1. held intact to be distributed to the ward upon removal of his legal
  1. disability.]
  1. 2. If the ward is a minor, terminate the guardianship of the estate and
  1. direct the guardian to deliver the ward’s property to the [father or mother]
  1. parent, guardian or custodian of the minor to hold, invest or use as the
  1. court may order.

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