2001 REGULAR SESSION (71st) A SB34 54
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 5, following the enacting clause, to read 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. 1. A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of physical harm or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;
(2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and
(c) Finds that the petition required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician or psychologist who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or
(2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may 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 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.
5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or
(b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;
(2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and
(3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.
7. 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. 3. 1. A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of financial loss; and
(2) Lacks capacity to respond to the risk of loss; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;
(2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may 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 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.
5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days.
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss.
7. 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. 4. NRS 159.047 is hereby amended to read as follows:
159.047 1. Except as otherwise provided in NRS 159.0475, 159.049 and 159.052, and sections 2 and 3 of this act, the court, upon the filing of a petition under NRS 159.044, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.
2. A citation issued under subsection 1 must be served:
(a) If the proposed ward is an incompetent or a person of limited capacity:
(1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;
(2) Upon any person or officer of an institution having the care, custody or control of the incompetent or person of limited capacity; and
(3) Upon the incompetent or person of limited capacity.
(b) If the proposed ward is a minor:
(1) Upon the parents of the minor;
(2) Upon any person or officer of an institution having care, custody or control of the minor; and
(3) If the minor is 14 years of age or older, upon the minor.
Sec. 5. NRS 159.052 is hereby amended to read as follows:
159.052 1. A petitioner may request the court to appoint a temporary guardian [.] for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of [financial loss or] physical harm or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk of [loss or] harm or to obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;
(2) The proposed ward would be exposed to an immediate risk of [financial loss or] physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. [If] The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of [financial loss or] physical harm or to a need for immediate medical attention; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1 . [. ,
FLUSH
the court may appoint a temporary guardian
to serve for 10 days. The court shall limit the temporary guardian’s powers to
those necessary to assist in the emergency.]
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may 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 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.
5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection [6,] 7, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of [financial loss or] physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. [The]
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the [temporary guardian’s] powers of the temporary guardian to those necessary to [assist in the emergency.
6.] respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.
7. 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.”.
Amend the title of the bill to read as follows:
“AN ACT relating to guardianship; revising the provisions relating to the appointment of temporary guardians; and providing other matters properly relating thereto.”.