Senate Bill No. 410–Committee on Government Affairs

(On Behalf of Washoe County)

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to public administrators and public guardians. (BDR 20-548)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 county officers; revising the circumstances under which a public administrator is required to petition a court for letters of administration; prohibiting certain public administrators from acting as guardians of proposed wards if the office of public guardian has been established in their respective counties; allowing the appointment of a public guardian for a person who is under 60 years of age; 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 253.0415 is hereby amended to read as follows:

1-2 253.0415 1. The public administrator shall:

1-3 [1. Investigate:]

1-4 (a) Investigate:

1-5 (1) The financial status of any proposed ward [,] for whom he has

1-6 been requested to serve as guardian, to determine whether he is eligible to

1-7 serve in that capacity.

1-8 [(b)] (2) Whether there is any qualified person [,] who is willing and

1-9 able to serve as guardian for a ward or administrator of the estate of an

1-10 intestate decedent, to determine whether he is eligible to serve in that

1-11 capacity.

1-12 [2.] (b) Petition the court for appointment as guardian of the person and

1-13 estate of any ward if, after investigation, the public administrator finds that

1-14 he is eligible to serve. [This] Except as otherwise provided in subsection

2-1 2, this petition for appointment as guardian must be made by the public

2-2 administrator regardless of the amount of assets in the guardianship estate if

2-3 no other qualified person having a prior right is willing and able to serve.

2-4 [3.] (c) Except as otherwise provided in NRS 253.0403 [,] and

2-5 253.0425, petition the court for letters of administration of the estate of a

2-6 person dying intestate if, after investigation, the public administrator finds

2-7 that there is no other qualified person having a prior right who is willing

2-8 and able to serve . [, and the estate does not exceed $25,000 in gross

2-9 value.]

2-10 [4.] (d) Upon court order, act as:

2-11 [(a)] (1) Guardian of the person and estate of an adult ward; or

2-12 [(b)] (2) Administrator of the estate of a person dying intestate,

2-13 regardless of the amount of assets in the estate of the ward or decedent if no

2-14 other qualified person is willing and able to serve.

2-15 2. The public administrator is not eligible to serve as a guardian of

2-16 the person and estate of a ward if the board of county commissioners of

2-17 his county has established the office of public guardian pursuant to NRS

2-18 253.150, unless the board has designated the public administrator as ex

2-19 officio public guardian.

2-20 Sec. 2. NRS 253.200 is hereby amended to read as follows:

2-21 253.200 1. A resident of Nevada [who is 60 years of age or older] is

2-22 eligible to have the public guardian appointed as his individual guardian if

2-23 he:

2-24 (a) Has no relative or friend able and willing to serve as his guardian; or

2-25 (b) Lacks sufficient assets to provide the requisite compensation to a

2-26 private guardian.

2-27 2. A person so qualified, or anyone on his behalf, may petition the

2-28 district court of the county in which he resides to make the appointment.

2-29 Sec. 3. This act becomes effective upon passage and approval.

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