Senate Bill No. 34–Committee on Judiciary
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 159 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 and 3 of this act.
1-3 Sec. 2. 1. A petitioner may request the court to appoint a
1-4 temporary guardian for a ward who is an adult and who is unable to
1-5 respond to a substantial and immediate risk of physical harm or to a
1-6 need for immediate medical attention. To support the request, the
1-7 petitioner must set forth in a petition and present to the court under
1-8 oath:
1-9 (a) Facts which show that the proposed ward:
1-10 (1) Faces a substantial and immediate risk of physical harm or
1-11 needs immediate medical attention; and
1-12 (2) Lacks capacity to respond to the risk of harm or to obtain the
1-13 necessary medical attention; and
1-14 (b) Facts which show that:
1-15 (1) The petitioner has tried in good faith to notify the persons
1-16 entitled to notice pursuant to NRS 159.047;
1-17 (2) The proposed ward would be exposed to an immediate risk of
1-18 physical harm if the petitioner were to provide notice to the persons
1-19 entitled to notice pursuant to NRS 159.047 before the court determines
1-20 whether to appoint a temporary guardian; or
1-21 (3) Giving notice to the persons entitled to notice pursuant to NRS
1-22 159.047 is not feasible under the circumstances.
1-23 2. The court may appoint a temporary guardian to serve for 10 days
1-24 if the court:
1-25 (a) Finds reasonable cause to believe that the proposed ward is unable
1-26 to respond to a substantial and immediate risk of physical harm or to a
1-27 need for immediate medical attention;
1-28 (b) Is satisfied that the petitioner has tried in good faith to notify the
1-29 persons entitled to notice pursuant to NRS 159.047 or that giving notice
1-30 to those persons is not feasible under the circumstances, or determines
1-31 that such notice is not required pursuant to subparagraph (2) of
1-32 paragraph (b) of subsection 1; and
1-33 (c) Finds that the petition required pursuant to subsection 1 is
1-34 accompanied by:
1-35 (1) A certificate signed by a physician who is licensed to practice in
1-36 this state which states that the proposed ward is unable to respond to a
1-37 substantial and immediate risk of physical harm or to a need for
1-38 immediate medical attention; or
1-39 (2) The affidavit of the petitioner which explains the reasons why
1-40 the certificate described in subparagraph (1) is not immediately
1-41 obtainable.
2-1 3. Except as otherwise provided in subsection 4, after the
2-2 appointment of a temporary guardian, the petitioner shall attempt in
2-3 good faith to notify the persons entitled to notice pursuant to NRS
2-4 159.047. If the petitioner fails to make such an effort, the court may
2-5 terminate the temporary guardianship.
2-6 4. If, before the appointment of a temporary guardian, the court
2-7 determined that advance notice was not required pursuant to
2-8 subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall
2-9 notify the persons entitled to notice pursuant to NRS 159.047 without
2-10 undue delay, but not later than 48 hours after the appointment of the
2-11 temporary guardian or not later than 48 hours after he discovers the
2-12 existence, identity and location of the persons entitled to notice pursuant
2-13 to that section. If the petitioner fails to provide such notice, the court
2-14 may terminate the temporary guardianship.
2-15 5. Within 10 days after the appointment of a temporary guardian
2-16 pursuant to subsection 2, the court shall hold a hearing to determine the
2-17 need to extend the temporary guardianship. Except as otherwise
2-18 provided in subsection 7, the court may extend the temporary
2-19 guardianship until a general or special guardian is appointed, but not
2-20 for more than 30 days, if:
2-21 (a) The certificate required by subsection 2 has been filed and the
2-22 court finds by clear and convincing evidence that the proposed ward is
2-23 unable to respond to a substantial and immediate risk of physical harm
2-24 or to a need for immediate medical attention; or
2-25 (b) The certificate required by subsection 2 has not been filed and the
2-26 court finds by clear and convincing evidence that:
2-27 (1) The proposed ward is unable to respond to a substantial and
2-28 immediate risk of physical harm or to a need for immediate medical
2-29 attention;
2-30 (2) Circumstances have prevented the petitioner or temporary
2-31 guardian from obtaining the certificate required pursuant to subsection
2-32 2; and
2-33 (3) The extension of the temporary guardianship is necessary and
2-34 in the best interests of the proposed ward.
2-35 6. If the court appoints a temporary guardian or extends the
2-36 temporary guardianship pursuant to this section, the court shall limit the
2-37 powers of the temporary guardian to those necessary to respond to the
2-38 substantial and immediate risk of physical harm or to a need for
2-39 immediate medical attention.
2-40 7. The court may not extend a temporary guardianship pursuant to
2-41 subsection 5 beyond the initial period of 10 days unless the petitioner
2-42 demonstrates that:
2-43 (a) The provisions of NRS 159.0475 have been satisfied; or
2-44 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being
2-45 undertaken.
2-46 Sec. 3. 1. A petitioner may request the court to appoint a
2-47 temporary guardian for a ward who is unable to respond to a substantial
2-48 and immediate risk of financial loss. To support the request, the
2-49 petitioner must set forth in a petition and present to the court under
2-50 oath:
2-51 (a) Facts which show that the proposed ward:
3-1 (1) Faces a substantial and immediate risk of financial loss; and
3-2 (2) Lacks capacity to respond to the risk of loss; and
3-3 (b) Facts which show that:
3-4 (1) The petitioner has tried in good faith to notify the persons
3-5 entitled to notice pursuant to NRS 159.047;
3-6 (2) The proposed ward would be exposed to an immediate risk of
3-7 financial loss if the petitioner were to provide notice to the persons
3-8 entitled to notice pursuant to NRS 159.047 before the court determines
3-9 whether to appoint a temporary guardian; or
3-10 (3) Giving notice to the persons entitled to notice pursuant to NRS
3-11 159.047 is not feasible under the circumstances.
3-12 2. The court may appoint a temporary guardian to serve for 10 days
3-13 if the court:
3-14 (a) Finds reasonable cause to believe that the proposed ward is unable
3-15 to respond to a substantial and immediate risk of financial loss;
3-16 (b) Is satisfied that the petitioner has tried in good faith to notify the
3-17 persons entitled to notice pursuant to NRS 159.047 or that giving notice
3-18 to those persons is not feasible under the circumstances, or determines
3-19 that such notice is not required pursuant to subparagraph (2) of
3-20 paragraph (b) of subsection 1; and
3-21 (c) For a proposed ward who is an adult, finds that the petition
3-22 required pursuant to subsection 1 is accompanied by:
3-23 (1) A certificate signed by a physician who is licensed to practice in
3-24 this state which states that the proposed ward is unable to respond to a
3-25 substantial and immediate risk of financial loss; or
3-26 (2) The affidavit of the petitioner which explains the reasons why
3-27 the certificate described in subparagraph (1) is not immediately
3-28 obtainable.
3-29 3. Except as otherwise provided in subsection 4, after the
3-30 appointment of a temporary guardian, the petitioner shall attempt in
3-31 good faith to notify the persons entitled to notice pursuant to NRS
3-32 159.047. If the petitioner fails to make such an effort, the court may
3-33 terminate the temporary guardianship.
3-34 4. If, before the appointment of a temporary guardian, the court
3-35 determined that advance notice was not required pursuant to
3-36 subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall
3-37 notify the persons entitled to notice pursuant to NRS 159.047 without
3-38 undue delay, but not later than 48 hours after the appointment of the
3-39 temporary guardian or not later than 48 hours after he discovers the
3-40 existence, identity and location of the persons entitled to notice pursuant
3-41 to that section. If the petitioner fails to provide such notice, the court
3-42 may terminate the temporary guardianship.
3-43 5. Within 10 days after the appointment of a temporary guardian
3-44 pursuant to subsection 2, the court shall hold a hearing to determine the
3-45 need to extend the temporary guardianship. Except as otherwise
3-46 provided in subsection 7, if the proposed ward is a minor and the court
3-47 finds by clear and convincing evidence that the proposed ward is unable
3-48 to respond to a substantial and immediate risk of financial loss, the
3-49 court may extend the temporary guardianship until a general or special
3-50 guardian is appointed, but not for more than 30 days. Except as
4-1 otherwise provided in subsection 7, if the proposed ward is an adult, the
4-2 court may extend the temporary guardianship until a general or special
4-3 guardian is appointed, but not for more than 30 days, if:
4-4 (a) The certificate required by subsection 2 has been filed and the
4-5 court finds by clear and convincing evidence that the proposed ward is
4-6 unable to respond to a substantial and immediate risk of financial loss;
4-7 or
4-8 (b) The certificate required by subsection 2 has not been filed and the
4-9 court finds by clear and convincing evidence that:
4-10 (1) The proposed ward is unable to respond to a substantial and
4-11 immediate risk of financial loss;
4-12 (2) Circumstances have prevented the petitioner or temporary
4-13 guardian from obtaining the certificate required pursuant to subsection
4-14 2; and
4-15 (3) The extension of the temporary guardianship is necessary and
4-16 in the best interests of the proposed ward.
4-17 6. If the court appoints a temporary guardian or extends the
4-18 temporary guardianship pursuant to this section, the court shall limit the
4-19 powers of the temporary guardian to those necessary to respond to the
4-20 substantial and immediate risk of financial loss.
4-21 7. The court may not extend a temporary guardianship pursuant to
4-22 subsection 5 beyond the initial period of 10 days unless the petitioner
4-23 demonstrates that:
4-24 (a) The provisions of NRS 159.0475 have been satisfied; or
4-25 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being
4-26 undertaken.
4-27 Sec. 4. NRS 159.047 is hereby amended to read as follows:
4-28 159.047 1. Except as otherwise provided in NRS 159.0475, 159.049
4-29 and 159.052, and sections 2 and 3 of this act, the court, upon the filing of
4-30 a petition under NRS 159.044, shall direct the clerk to issue a citation
4-31 setting forth a time and place for the hearing and directing the persons or
4-32 institutions referred to in subsection 2 to appear and show cause why a
4-33 guardian should not be appointed for the proposed ward.
4-34 2. A citation issued under subsection 1 must be served:
4-35 (a) If the proposed ward is an incompetent or a person of limited
4-36 capacity:
4-37 (1) Upon the spouse and adult children of the incompetent or person
4-38 of limited capacity who are known to exist, or, if there are none, upon any
4-39 parent, brother or sister of the incompetent or person of limited capacity;
4-40 (2) Upon any person or officer of an institution having the care,
4-41 custody or control of the incompetent or person of limited capacity; and
4-42 (3) Upon the incompetent or person of limited capacity.
4-43 (b) If the proposed ward is a minor:
4-44 (1) Upon the parents of the minor;
4-45 (2) Upon any person or officer of an institution having care, custody
4-46 or control of the minor; and
4-47 (3) If the minor is 14 years of age or older, upon the minor.
4-48 Sec. 5. NRS 159.052 is hereby amended to read as follows:
4-49 159.052 1. A petitioner may request the court to appoint a temporary
4-50 guardian [.] for a ward who is a minor and who is unable to respond to a
5-1 substantial and immediate risk of physical harm or to a need for
5-2 immediate medical attention. To support the request, the petitioner must
5-3 set forth in a petition and present to the court under oath:
5-4 (a) Facts which show that the proposed ward:
5-5 (1) Faces a substantial and immediate risk of [financial loss or]
5-6 physical harm or needs immediate medical attention; and
5-7 (2) Lacks capacity to respond to the risk of [loss or] harm or to obtain
5-8 the necessary medical attention; and
5-9 (b) Facts which show that:
5-10 (1) The petitioner has tried in good faith to notify the persons entitled
5-11 to notice pursuant to NRS 159.047;
5-12 (2) The proposed ward would be exposed to an immediate risk of
5-13 [financial loss or] physical harm if the petitioner were to provide notice to
5-14 the persons entitled to notice pursuant to NRS 159.047 before the court
5-15 determines whether to appoint a temporary guardian; or
5-16 (3) Giving notice to the persons entitled to notice pursuant to NRS
5-17 159.047 is not feasible under the circumstances.
5-18 2. [If] The court may appoint a temporary guardian to serve for 10
5-19 days if the court:
5-20 (a) Finds reasonable cause to believe that the proposed ward is unable to
5-21 respond to a substantial and immediate risk of [financial loss or] physical
5-22 harm or to a need for immediate medical attention; and
5-23 (b) Is satisfied that the petitioner has tried in good faith to notify the
5-24 persons entitled to notice pursuant to NRS 159.047 or that giving notice to
5-25 those persons is not feasible under the circumstances, or determines that
5-26 such notice is not required pursuant to subparagraph (2) of paragraph (b)
5-27 of subsection 1 . [. ,
5-28 the court may appoint a temporary guardian to serve for 10 days. The court
5-29 shall limit the temporary guardian’s powers to those necessary to assist in
5-30 the emergency.]
5-31 3. Except as otherwise provided in subsection 4, after the appointment
5-32 of a temporary guardian, the petitioner shall attempt in good faith to notify
5-33 the persons entitled to notice pursuant to NRS 159.047. If the petitioner
5-34 fails to make such an effort, the court may terminate the temporary
5-35 guardianship.
5-36 4. If, before the appointment of a temporary guardian, the court
5-37 determined that advance notice was not required pursuant to subparagraph
5-38 (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons
5-39 entitled to notice pursuant to NRS 159.047 without undue delay, but not
5-40 later than 48 hours after the appointment of the temporary guardian or not
5-41 later than 48 hours after he discovers the existence, identity and location of
5-42 the persons entitled to notice pursuant to that section. If the petitioner fails
5-43 to provide such notice, the court may terminate the temporary
5-44 guardianship.
5-45 5. Within 10 days after the appointment of a temporary guardian
5-46 pursuant to subsection 2, the court shall hold a hearing to determine the
5-47 need to extend the temporary guardianship. Except as otherwise provided
5-48 in subsection [6,] 7, if the court finds by clear and convincing evidence
5-49 that the proposed ward is unable to respond to a substantial and immediate
5-50 risk of [financial loss or] physical harm or to a need for immediate medical
6-1 attention, the court may extend the temporary guardianship until a general
6-2 or special guardian is appointed, but not for more than 30 days. [The]
6-3 6. If the court appoints a temporary guardian or extends the
6-4 temporary guardianship pursuant to this section, the court shall limit the
6-5 [temporary guardian’s] powers of the temporary guardian to those
6-6 necessary to [assist in the emergency.
6-7 6.] respond to the substantial and immediate risk of physical harm or
6-8 to a need for immediate medical attention.
6-9 7. The court may not extend a temporary guardianship pursuant to
6-10 subsection 5 beyond the initial period of 10 days unless the petitioner
6-11 demonstrates that:
6-12 (a) The provisions of NRS 159.0475 have been satisfied; or
6-13 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being
6-14 undertaken.
6-15 Sec. 6. NRS 41.200 is hereby amended to read as follows:
6-16 41.200 1. If an unemancipated minor has a disputed claim for money
6-17 against a third person, either parent, or if the parents of the minor are
6-18 living separate and apart, then the custodial parent, or if no custody award
6-19 has been made, the parent with whom the minor is living, or if a general
6-20 guardian or guardian of the estate of the minor has been appointed, then
6-21 that guardian, has the right to compromise the claim. Such a compromise
6-22 is not effective until it is approved by the district court of the county where
6-23 the minor resides, or if the minor is not a resident of the State of Nevada,
6-24 then by the district court of the county where the claim was incurred, upon
6-25 a verified petition in writing, regularly filed with the court.
6-26 2. The petition must set forth:
6-27 (a) The name, age and residence of the minor;
6-28 (b) The facts which bring the minor within the purview of this section,
6-29 including:
6-30 (1) The circumstances which make it a disputed claim for money;
6-31 (2) The name of the third person against whom the claim is made;
6-32 and
6-33 (3) If the claim is the result of an accident, the date, place and facts of
6-34 the accident;
6-35 (c) The names and residence of the parents or the legal guardian of the
6-36 minor;
6-37 (d) The name and residence of the person or persons having physical
6-38 custody or control of the minor;
6-39 (e) The name and residence of the petitioner and the relationship of the
6-40 petitioner to the minor;
6-41 (f) The total amount of the proceeds of the proposed compromise and
6-42 the apportionment of those proceeds, including the amount to be used for:
6-43 (1) Attorney’s fees and whether the attorney’s fees are fixed or
6-44 contingent fees, and if the attorney’s fees are contingent fees the
6-45 percentage of the proceeds to be paid as attorney’s fees;
6-46 (2) Medical expenses; and
6-47 (3) Other expenses,
6-48 and whether these fees and expenses are to be deducted before or after the
6-49 calculation of any contingency fee;
7-1 (g) Whether the petitioner believes the acceptance of this compromise is
7-2 in the best interest of the minor; and
7-3 (h) That the petitioner has been advised and understands that acceptance
7-4 of the compromise will bar the minor from seeking further relief from the
7-5 third person offering the compromise.
7-6 3. If the claim involves a personal injury suffered by the minor, the
7-7 petitioner must submit all relevant medical and health care records to the
7-8 court at the compromise hearing. The records must include documentation
7-9 of:
7-10 (a) The injury, prognosis, treatment and progress of recovery of the
7-11 minor; and
7-12 (b) The amount of medical expenses incurred to date, the nature and
7-13 amount of medical expenses which have been paid and by whom, any
7-14 amount owing for medical expenses and an estimate of the amount of
7-15 medical expenses which may be incurred in the future.
7-16 4. If the court approves the compromise of the claim of the minor, the
7-17 court must direct the money to be paid to the father, mother or guardian of
7-18 the minor, with or without the filing of any bond, or it must require a
7-19 general guardian or guardian ad litem to be appointed and the money to be
7-20 paid to the guardian or guardian ad litem, with or without a bond, as the
7-21 court, in its discretion, deems to be in the best interests of the minor.
7-22 5. Upon receiving the proceeds of the compromise, the parent or
7-23 guardian to whom the proceeds of the compromise are ordered to be paid,
7-24 shall establish a blocked [trust account] financial investment for the
7-25 benefit of the minor with the proceeds of the compromise. Money may be
7-26 obtained from the blocked financial investment only pursuant to
7-27 subsection 6. Within 30 days after receiving the proceeds of the
7-28 compromise, the parent or guardian shall file with the court proof that the
7-29 blocked [trust account] financial investment has been established. If the
7-30 balance [in the account] of the investment is more than $10,000, the
7-31 parent, [trustee or] guardian or person in charge of managing the
7-32 investment shall annually file with the court a verified report detailing the
7-33 activities of the [account] investment during the previous 12 months. If the
7-34 balance [in the account] of the investment is $10,000 or less, the court
7-35 may order the parent, [trustee or] guardian or person in charge of
7-36 managing the investment to file such periodic verified reports as the court
7-37 deems appropriate. The court may hold a hearing on a verified report only
7-38 if it deems a hearing necessary to receive an explanation of the activities
7-39 of the [account.] investment.Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
7-40 6. The beneficiary of a block financial investment may obtain control
7-41 of or money from the investment:
7-42 (a) By an order of the court which held the compromise hearing; or
7-43 (b) By certification of the court which held the compromise hearing
7-44 that the beneficiary has reached the age of 18 years, at which time
7-45 control of the investment must be transferred to the beneficiary or the
7-46 investment must be closed and the money distributed to the beneficiary.
7-47 7. The clerk of the district court shall not charge any fee for filing a
7-48 petition for leave to compromise or for placing the petition upon the
7-49 calendar to be heard by the court.
8-1 [7.] 8. As used in this section, the term “blocked [trust account”
8-2 means an] financial investment” means a savings account established in a
8-3 depository institution in this state [for the benefit of the minor with
8-4 restrictions that the money cannot be withdrawn, except:
8-5 (a) By an order of the court which held the compromise hearing; or
8-6 (b) By certification of the court which held the compromise hearing that
8-7 the beneficiary has reached the age of 18 years, at which time the account
8-8 must be closed and the money distributed to the beneficiary.] , a
8-9 certificate of deposit, a United States savings bond, a fixed or variable
8-10 annuity contract, or another reliable investment that is approved by the
8-11 court.
8-12 20~~~~~01