Senate Bill No. 34–Committee on Judiciary

Prefiled January 24, 2001

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Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to appointment of temporary guardians. (BDR 13‑1070)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: 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 guardianship; providing that certain petitions 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

1-7 physical 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;

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; or

1-17 (3) Giving notice to the persons entitled to notice pursuant to NRS

1-18 159.047 is not feasible under the circumstances.

1-19 2. If a petition presented to the court pursuant to subsection 1 alleges

1-20 that the proposed ward:

2-1 (a) Faces a substantial and immediate risk of physical harm or needs

2-2 immediate medical attention; and

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

2-4 necessary medical attention,

2-5 the petition must be accompanied by a certificate signed by a physician or

2-6 psychologist who is licensed to practice in this state which states that the

2-7 proposed ward is unable to respond to a substantial and immediate risk

2-8 of physical harm or to a need for immediate medical attention.

2-9 3. If the court:

2-10 (a) Finds reasonable cause to believe that the proposed ward is unable to

2-11 respond to a substantial and immediate risk of financial loss or physical

2-12 harm or to a need for immediate medical attention; and

2-13 (b) Is satisfied that the petitioner has tried in good faith to notify the

2-14 persons entitled to notice pursuant to NRS 159.047 or that giving notice to

2-15 those persons is not feasible under the circumstances, or determines that

2-16 such notice is not required pursuant to subparagraph (2) of paragraph (b) of

2-17 subsection 1,

2-18 the court may appoint a temporary guardian to serve for 10 days. The court

2-19 shall limit the temporary guardian’s powers to those necessary to assist in

2-20 the emergency.

2-21 [3.] 4. Except as otherwise provided in subsection [4,] 5, after the

2-22 appointment of a temporary guardian, the petitioner shall attempt in good

2-23 faith to notify the persons entitled to notice pursuant to NRS 159.047. If

2-24 the petitioner fails to make such an effort, the court may terminate the

2-25 temporary guardianship.

2-26 [4.] 5. If, before the appointment of a temporary guardian, the court

2-27 determined that advance notice was not required pursuant to subparagraph

2-28 (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons

2-29 entitled to notice pursuant to NRS 159.047 without undue delay, but not

2-30 later than 48 hours after the appointment of the temporary guardian or not

2-31 later than 48 hours after he discovers the existence, identity and location of

2-32 the persons entitled to notice pursuant to that section. If the petitioner fails

2-33 to provide such notice, the court may terminate the temporary

2-34 guardianship.

2-35 [5.] 6. Within 10 days after the appointment of a temporary guardian

2-36 pursuant to subsection [2,] 3, the court shall hold a hearing to determine the

2-37 need to extend the temporary guardianship. Except as otherwise provided

2-38 in subsection [6,] 7, if the court finds by clear and convincing evidence that

2-39 the proposed ward is unable to respond to a substantial and immediate risk

2-40 of financial loss or physical harm or to a need for immediate medical

2-41 attention, the court may extend the temporary guardianship until a general

2-42 or special guardian is appointed, but not for more than 30 days. The court

2-43 shall limit the temporary guardian’s powers to those necessary to assist in

2-44 the emergency.

2-45 [6.] 7. The court may not extend a temporary guardianship pursuant to

2-46 subsection [5] 6 beyond the initial period of 10 days unless the petitioner

2-47 demonstrates that:

3-1 (a) The provisions of NRS 159.0475 have been satisfied; or

3-2 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being

3-3 undertaken.

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