2-6 reason of mental illness, mental deficiency, [advanced age,] disease,

2-7 weakness of mind or any other cause, is unable, without assistance,

2-11 independently some but not all of the decisions necessary for his own care

2-12 and the management of his property [.] and has attained the age of

2-16 proposed ward, a governmental agency, a nonprofit corporation or any

2-17 concerned person may petition the court for the appointment of a guardian.

2-18 2. The petition must state:

2-19 (a) The name and address of the petitioner.

2-20 (b) The name, age and address of the proposed ward. If he is a minor,

2-21 the date on which he will attain the age of majority and whether he will

2-22 need guardianship after attaining the age of majority.

2-23 (c) Whether the proposed ward is a resident or nonresident of this state.

2-24 (d) The names and addresses, so far as they are known to the petitioner,

2-25 of the relatives of the proposed ward within the second degree.

2-26 (e) The name and address of the proposed guardian.

2-27 (f) That the proposed guardian has never been convicted of a felony.

2-28 (g) A summary of the reasons why a guardian is needed.

2-29 (h) Whether the appointment of a general or a special guardian is

2-30 sought.

2-31 (i) A general description and the probable value of the property of the

2-32 proposed ward and any income to which he is entitled, if the petition is for

2-33 the appointment of a guardian of the estate or a special guardian. If any

2-34 money is paid or is payable to the proposed ward by the United States

2-35 through the Department of Veterans Affairs, the petition must so state.

2-36 (j) The name and address of any person or institution having the care,

2-37 custody or control of the proposed ward.

2-38 (k) The relationship, if any, of the petitioner to the proposed ward and

2-39 the interest, if any, of the petitioner in the appointment.

2-40 (l) Requests for any of the specific powers set forth in NRS 159.117 to

2-41 159.175, inclusive, necessary to enable the guardian to carry out the duties

3-8 and 159.052, the court, upon the filing of a petition under NRS 159.044,

3-9 shall direct the clerk to issue a citation setting forth a time and place for the

3-10 hearing and directing the persons or institutions referred to in subsection 2

3-11 to appear and show cause why a guardian should not be appointed for the

3-12 proposed ward.

3-13 2. A citation issued under subsection 1 must be served:

3-14 (a) If the proposed ward is an incompetent [:] or a person of limited

3-15 capacity:

3-16 (1) Upon the spouse and adult children of the incompetent or person

3-17 of limited capacity who are known to exist, or, if there are none, upon any

3-18 parent, brother or sister of the incompetent or person of limited capacity;

3-19 (2) Upon any person or officer of an institution having the care,

3-20 custody or control of the incompetent or person of limited capacity; and

3-21 (3) Upon the incompetent or person of limited capacity.

3-22 (b) If the proposed ward is a minor:

3-23 (1) Upon the parents of the minor;

3-24 (2) Upon any person or officer of an institution having care, custody

3-25 or control of the minor; and

3-29 guardian. To support the request, the petitioner must set forth in a petition

3-30 and present to the court under oath:

3-31 (a) Facts which show that the proposed ward:

3-32 (1) Faces a substantial and immediate risk of financial loss or physical

3-33 harm or needs immediate medical attention; and

3-34 (2) Lacks capacity to respond to the risk of loss or harm or to obtain

3-35 the necessary medical attention; and

3-36 (b) Facts which show that:

3-37 (1) The petitioner has tried in good faith to notify the persons entitled

3-38 to notice pursuant to NRS 159.047; [or]

3-39 (2) The proposed ward would be exposed to an immediate risk of

3-40 financial loss or physical harm if the petitioner were to provide notice to

3-41 the persons entitled to notice pursuant to NRS 159.047 before the court

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

5-6 [is:

5-7 1. An] :

5-8 1. Is an incompetent.

5-9 2. [A] Is a minor.

5-10 3. [A person who has] Has been convicted of a felony.

5-11 4. [A person] Has been suspended for misconduct or disbarred from

5-12 the practice of law during the period of the suspension or disbarment.

5-13 5. [A] Is a nonresident of this state [who] and has not:

5-14 (a) Associated as a coguardian, a resident of this state or a banking

5-15 corporation whose principal place of business is in this state; and

5-16 (b) Caused the appointment to be filed in the guardianship proceeding.

5-17 6. Has been judicially determined, by clear and convincing evidence,

5-18 to have committed abuse, neglect or exploitation of a child, spouse,

5-22 guardian and before letters of guardianship may issue, take and subscribe

5-23 the official oath and file in the [guardianship] proceeding his name,

5-24 residence and post office address. [Such] The oath, to be endorsed on the

5-25 letters of guardianship, [shall state that:

5-26 1. The guardian] must state that he will well and faithfully perform the

5-27 duties of guardian according to law . [;

5-28 2. All matters stated in any petition or paper filed with the court are

5-29 true of his own knowledge, except as to matters stated on information and

5-30 belief; and

5-31 3. As to matters stated on information and belief, he believes them to

5-35 the person has the care, custody and control of the person of the ward, and

5-36 has the authority and, subject to subsection 2, shall perform the duties

5-37 necessary for the proper care, maintenance, education and support of the

5-38 ward, including [but not limited to] the following:

5-39 (a) Supplying the ward with food, clothing, shelter and all incidental

5-40 necessaries.

5-41 (b) Authorizing medical, surgical, dental, psychiatric, psychological,

6-13 biomedical or behavioral treatment , or sterilization of a ward , or to the

6-14 ward’s participation in any biomedical or behavioral experiment, unless

6-15 he is specifically empowered to do so by the court. The court may

6-16 authorize experimental treatment or participation only if:

6-17 1. It is of direct benefit to, and intended to preserve the life or prevent

6-18 serious impairment to the mental or physical health of, the ward; or

6-22 necessary, such further time as the court may allow, a guardian of the estate

6-23 shall make and file in the guardianship proceeding a verified inventory of

6-24 all the property of the ward which comes to his possession or knowledge.

6-25 2. Whenever any property of the ward not mentioned in the inventory

6-26 comes to the possession or knowledge of a guardian of the estate, he shall

6-27 make and file in the [guardianship] proceeding a verified supplemental

6-28 inventory within 30 days after the property comes to his possession or

6-29 knowledge or include the property in his next accounting. The court may

6-30 order which of the two methods the guardian shall follow.

6-31 3. The court may order all or any part of the property of the ward

6-32 appraised as provided in NRS 144.020, 144.025, 144.030, 144.070 and

6-36 thereafter, the estate of a ward consists of personal property having a value

6-37 not exceeding by more than [$1,000] $5,000 the aggregate amount of

6-38 unpaid expenses of administration of the guardianship estate and claims

6-39 against the estate, the guardian of the estate, with prior approval of the

6-40 court by order, may pay [such] those expenses and claims from the estate

6-41 and deliver all the remaining personal property to such person as the court

6-42 may designate in the order, to be held, invested or used as ordered by the

7-8 petition the court for the termination or modification of a guardianship.

7-9 [Upon the filing of the petition, the court may appoint an attorney to

7-10 represent the ward if he is unable to retain one and the court determines that

7-11 the appointment is necessary to protect his interests.] The petition must

7-12 state or contain:

7-13 1. The name and address of the petitioner.

7-14 2. The name, age and address of the ward, if the ward is not the

7-15 petitioner, or the date of death of the ward if the ward is deceased.

7-16 3. The name and address of the guardian, if the guardian is not the

7-17 petitioner.

7-18 4. The reason for termination or modification.

7-19 5. A general description and the value of the remaining property of

7-23 1. If for a minor, when [the minor] he reaches the age of majority

7-24 according to the law of [such minor’s] his domicile;

7-25 2. By the death of the ward; [or]

7-26 3. Upon the ward’s change of domicile to a place outside this state

7-27 and the transfer of jurisdiction to the court having jurisdiction in the new

7-28 domicile; or

7-29 4. Upon order of the court, if the court determines that the guardianship

7-30 no longer is necessary. If the guardianship is of the person and estate, the

7-31 court may order the guardianship terminated as to the person, the estate or

7-35 proceedings it appears to the court that, after payment of all claims and

7-36 expenses of the guardianship the value of the ward’s property does not

7-37 exceed [$3,000,] $5,000, the court may:

7-38 1. Authorize the guardian of the estate or special guardian who is

7-39 authorized to manage the ward’s property to convert the property to cash

7-40 [or marketable stocks and bonds] and sell any of the property, with or

7-41 without notice, as the court may direct. After the payment of all claims and

7-42 the expenses of the guardianship, the guardian shall deposit [such cash] the