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).

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

2-1 2. If a petition presented to the court pursuant to subsection 1 alleges

2-2 that the proposed ward:

2-3 (a) Faces a substantial and immediate risk of physical harm or needs

2-4 immediate medical attention; and

2-5 (b) Lacks capacity to respond to the risk of harm or to obtain the

2-6 necessary medical attention,

2-7 the petition must be accompanied by a certificate signed by a physician

2-8 or psychologist who is licensed to practice in this state which states that

2-9 the proposed ward is unable to respond to a substantial and immediate

2-10 risk of physical harm or to a need for immediate medical attention.

2-11 3. If the court:

2-12 (a) Finds reasonable cause to believe that the proposed ward is unable to

2-13 respond to a substantial and immediate risk of financial loss or physical

2-14 harm or to a need for immediate medical attention; and

2-15 (b) Is satisfied that the petitioner has tried in good faith to notify the

2-16 persons entitled to notice pursuant to NRS 159.047 or determines that such

2-17 notice is not required pursuant to subparagraph (2) of paragraph (b) of

2-18 subsection 1,

2-19 the court may appoint a temporary guardian to serve for 10 days. The court

2-20 shall limit the temporary guardian’s powers to those necessary to assist in

2-21 the emergency.

2-22 [3.] 4. Except as otherwise provided in subsection [4,] 5, after the

2-23 appointment of a temporary guardian, the petitioner shall make a good faith

2-24 effort to notify the persons entitled to notice pursuant to NRS 159.047. If

2-25 the petitioner fails to make such an effort, the court may terminate the

2-26 temporary guardianship.

2-27 [4.] 5. If, before the appointment of a temporary guardian, the court

2-28 determined that advance notice was not required pursuant to subparagraph

2-29 (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons

2-30 entitled to notice pursuant to NRS 159.047 not later than 24 hours after the

2-31 appointment of the temporary guardian. If the petitioner fails to provide

2-32 such notice, the court may terminate the temporary guardianship.

2-33 [5.] 6. Within 10 days after the appointment of a temporary guardian

2-34 pursuant to subsection [2,] 3, the court shall hold a hearing to determine the

2-35 need to extend the temporary guardianship. Except as otherwise provided

2-36 in subsection [6,] 7, if the court finds by clear and convincing evidence that

2-37 the proposed ward is unable to respond to a substantial and immediate risk

2-38 of financial loss or physical harm or to a need for immediate medical

2-39 attention, the court may extend the temporary guardianship until a general

2-40 or special guardian is appointed, but not for more than 30 days. The court

2-41 shall limit the temporary guardian’s powers to those necessary to assist in

2-42 the emergency.

3-1 [6.] 7. The court may not extend a temporary guardianship pursuant to

3-2 subsection [5] 6 beyond the initial period of 10 days unless the petitioner

3-3 demonstrates that:

3-4 (a) The provisions of NRS 159.0475 have been satisfied; or

3-5 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being

3-6 undertaken.