Senate Bill No. 359–Committee on Judiciary

March 10, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to appointment of temporary guardians. (BDR 13-1653)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to guardianship; requiring that a petition for the appointment of a temporary guardian must include a certificate from a physician or psychologist evidencing certain facts; and providing other matters properly relating thereto.

 

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

1-1 Section 1. NRS 159.052 is hereby amended to read as follows:

1-2 159.052 1. A petitioner may request the court to appoint a temporary

1-3 guardian. To support the request, the petitioner must set forth in a petition

1-4 and present to the court under oath:

1-5 (a) Facts which show that the proposed ward:

1-6 (1) Faces a substantial and immediate risk of financial loss or physical

1-7 harm or needs immediate medical attention; and

1-8 (2) Lacks capacity to respond to the risk of loss or harm or to obtain

1-9 the necessary medical attention; and

1-10 (b) Facts which show that:

1-11 (1) The petitioner has tried in good faith to notify the persons entitled

1-12 to notice pursuant to NRS 159.047; or

1-13 (2) The proposed ward would be exposed to an immediate risk of

1-14 financial loss or physical harm if the petitioner were to provide notice to

1-15 the persons entitled to notice pursuant to NRS 159.047 before the court

1-16 determines whether to appoint a temporary guardian.

1-17 2. A petition presented to the court pursuant to subsection 1 must be

1-18 accompanied by a certificate signed by a physician or psychologist who is

1-19 licensed to practice in this state which states that the proposed ward is

2-1 unable to respond to a substantial and immediate risk of financial loss or

2-2 physical harm or to a need for immediate medical attention.

2-3 3. If the court:

2-4 (a) Finds reasonable cause to believe that the proposed ward is unable to

2-5 respond to a substantial and immediate risk of financial loss or physical

2-6 harm or to a need for immediate medical attention; and

2-7 (b) Is satisfied that the petitioner has tried in good faith to notify the

2-8 persons entitled to notice pursuant to NRS 159.047 or determines that such

2-9 notice is not required pursuant to subparagraph (2) of paragraph (b) of

2-10 subsection 1,

2-11 the court may appoint a temporary guardian to serve for 10 days. The court

2-12 shall limit the temporary guardian’s powers to those necessary to assist in

2-13 the emergency.

2-14 [3.] 4. Except as otherwise provided in subsection [4,] 5, after the

2-15 appointment of a temporary guardian, the petitioner shall make a good faith

2-16 effort to notify the persons entitled to notice pursuant to NRS 159.047. If

2-17 the petitioner fails to make such an effort, the court may terminate the

2-18 temporary guardianship.

2-19 [4.] 5. If, before the appointment of a temporary guardian, the court

2-20 determined that advance notice was not required pursuant to subparagraph

2-21 (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons

2-22 entitled to notice pursuant to NRS 159.047 not later than 24 hours after the

2-23 appointment of the temporary guardian. If the petitioner fails to provide

2-24 such notice, the court may terminate the temporary guardianship.

2-25 [5.] 6. Within 10 days after the appointment of a temporary guardian

2-26 pursuant to subsection [2,] 3, the court shall hold a hearing to determine the

2-27 need to extend the temporary guardianship. Except as otherwise provided

2-28 in subsection [6,] 7, if the court finds by clear and convincing evidence that

2-29 the proposed ward is unable to respond to a substantial and immediate risk

2-30 of financial loss or physical harm or to a need for immediate medical

2-31 attention, the court may extend the temporary guardianship until a general

2-32 or special guardian is appointed, but not for more than 30 days. The court

2-33 shall limit the temporary guardian’s powers to those necessary to assist in

2-34 the emergency.

2-35 [6.] 7. The court may not extend a temporary guardianship pursuant to

2-36 subsection [5] 6 beyond the initial period of 10 days unless the petitioner

2-37 demonstrates that:

2-38 (a) The provisions of NRS 159.0475 have been satisfied; or

2-39 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being

2-40 undertaken.

~