A.B. 365
Assembly Bill No. 365–Assemblymen Buckley, Horne, Conklin, Ohrenschall, Anderson, Carpenter, Claborn, Mortenson and Oceguera (by request)
March 17, 2003
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes to provisions regarding guardianship. (BDR 13‑953)
FISCAL NOTE: Effect on Local Government: Yes.
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; making various changes to provisions regarding guardianship; providing penalties; 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. Chapter 159 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 47, inclusive, of this
1-3 act.
1-4 Sec. 2. “Citation” means a document issued by the clerk of
1-5 the court, as authorized by statute or ordered by the court,
1-6 requiring a person to appear, directing a person to act or conduct
1-7 himself in a specified way, or notifying a person of a hearing.
1-8 Sec. 3. 1. If the court has reason to believe that
1-9 guardianship proceedings may be pending in another state
1-10 concerning a ward or proposed ward, the court may order
1-11 communication with the court in the other state:
1-12 (a) To determine the involvement or interest of each
1-13 jurisdiction;
1-14 (b) To promote cooperation, expand the exchange of
1-15 information and provide any other form of assistance; and
1-16 (c) To determine the appropriate jurisdiction for the
1-17 proceedings.
2-1 2. As used in this section, “guardianship” includes, without
2-2 limitation, a conservatorship.
2-3 Sec. 4. 1. On or after the date of the filing of a petition to
2-4 appoint a guardian:
2-5 (a) The court may appoint a person to represent the ward or
2-6 proposed ward as a guardian ad litem; and
2-7 (b) The guardian ad litem must represent the ward or proposed
2-8 ward as a guardian ad litem until relieved of that duty by court
2-9 order.
2-10 2. Upon the appointment of the guardian ad litem, the court
2-11 shall set forth in the order of appointment the duties of the
2-12 guardian ad litem.
2-13 3. The guardian ad litem is entitled to reasonable
2-14 compensation from the estate of the ward or proposed ward. If the
2-15 court finds that a person has unnecessarily or unreasonably
2-16 caused the appointment of a guardian ad litem, the court may
2-17 order the person to pay to the estate of the ward or proposed ward
2-18 all or part of the expenses associated with the appointment of the
2-19 guardian ad litem.
2-20 Sec. 5. 1. Except as otherwise provided in subsection 2, the
2-21 guardian of an estate shall cause an appraisal or valuation of any
2-22 asset of a guardianship estate to be conducted by a disinterested
2-23 appraiser, certified public accountant or expert in valuation and
2-24 file the appraisal or valuation with the court.
2-25 2. In lieu of an appraisal, the guardian may file a verified
2-26 record of value of an asset where the value of the asset can be
2-27 determined with reasonable certainty, including, without
2-28 limitation, money, deposits in banks, bonds, policies of life
2-29 insurance or securities for money, when equal in value to cash.
2-30 Sec. 6. 1. Before appraising or valuing any asset of the
2-31 guardianship estate, each appraiser, certified public accountant or
2-32 expert in valuation shall certify that the appraiser, accountant or
2-33 expert will truthfully, honestly and impartially appraise or value
2-34 the property according to the best of his knowledge and ability.
2-35 The certification must be included in the appraisal or valuation
2-36 and filed with the court.
2-37 2. The appraisal or valuation must list each asset that has a
2-38 value of more than $100 separately with a statement of the value
2-39 of the asset opposite the asset.
2-40 3. An appraiser, certified public accountant or expert in
2-41 valuation who performs an appraisal or valuation of a
2-42 guardianship estate is entitled to reasonable compensation for the
2-43 appraisal or valuation and may be paid by the guardian out of the
2-44 estate at any time after the appraisal or valuation is completed.
3-1 4. An appraiser, certified public accountant or expert in
3-2 valuation who directly or indirectly sells any asset of an estate
3-3 without full disclosure to and approval by the court is guilty of a
3-4 misdemeanor. A sale made in violation of the provisions of this
3-5 subsection is void, and the asset sold may be recovered by the
3-6 guardian, ward or proposed ward.
3-7 Sec. 7. 1. If a guardian, interested person, ward or
3-8 proposed ward petitions the court upon oath alleging:
3-9 (a) That a person has or is suspected to have concealed,
3-10 converted to his own use, conveyed away or otherwise disposed of
3-11 any money, good, chattel or effect of the ward; or
3-12 (b) That the person has in his possession or knowledge any
3-13 deed, conveyance, bond, contract or other writing which contains
3-14 evidence of, or tends to disclose the right, title or interest of the
3-15 ward or proposed ward in or to, any real or personal property, or
3-16 any claim or demand,
3-17 the judge may cause the person to be cited to appear before the
3-18 district court to answer, upon oath, upon the matter of the petition.
3-19 2. If the person cited does not reside in the county where
3-20 letters of guardianship have been issued pursuant to NRS 159.075,
3-21 the person may be cited and examined before the district court of
3-22 the county where the person resides, or before the court that
3-23 issued the citation. Each party to the petition may produce
3-24 witnesses, and such witnesses may be examined by either party.
3-25 Sec. 8. 1. If the court finds, after examination of a person
3-26 cited pursuant to section 7 of this act, that the person has
3-27 committed an act:
3-28 (a) Set forth in paragraph (a) of subsection 2 of section 7 of
3-29 this act, the court may order the person to return the asset or the
3-30 value of the asset to the guardian of the estate; or
3-31 (b) Set forth in paragraph (b) of subsection 2 of section 7 of
3-32 this act, the court may order the person to return the asset or
3-33 provide information concerning the location of the asset to the
3-34 guardian of the estate.
3-35 2. The court may hold a person who is cited pursuant to
3-36 section 7 of this act in contempt of court and deal with him
3-37 accordingly if the person:
3-38 (a) Refuses to appear and submit to examination or to testify
3-39 regarding the matter complained of in the petition; or
3-40 (b) Fails to comply with an order of the court issued pursuant
3-41 to subsection 1.
3-42 3. An order of the court pursuant to subsection 1 is prima
3-43 facie evidence of the right of the proposed ward or the estate of the
3-44 ward to the asset described in the order in any action that may be
3-45 brought for the recovery thereof, and any judgment recovered
4-1 therein must be double the value of the asset, and damages in
4-2 addition thereof equal to the value of such property.
4-3 4. If the person who is cited pursuant to section 7 of this act
4-4 appears and, upon consideration of the petition, the court finds
4-5 that the person is not liable or responsible to the estate of the ward
4-6 or proposed ward, the court may order:
4-7 (a) The estate of the ward or proposed ward to pay the
4-8 attorney’s fees and costs of the respondent; or
4-9 (b) If the court finds that the petitioner unnecessarily or
4-10 unreasonably filed the petition, the petitioner personally to pay the
4-11 attorney’s fees and costs of the respondent.
4-12 Sec. 9. If the guardian neglects or refuses to sell any real
4-13 property of the estate when it is necessary or in the best interests of
4-14 the ward, an interested person may petition the court for an order
4-15 requiring the guardian to sell the property. The court shall set the
4-16 petition for a hearing, and the petitioner shall serve notice on the
4-17 guardian at least 10 days before the hearing.
4-18 Sec. 10. If real property of the estate of a ward is sold that is
4-19 subject to a mortgage or other lien which is a valid claim against
4-20 the estate, the money from the sale must be applied in the
4-21 following order:
4-22 1. To pay the necessary expenses of the sale.
4-23 2. To satisfy the mortgage or other lien, including, without
4-24 limitation, payment of interest and any other lawful costs and
4-25 charges. If the mortgagee or other lienholder cannot be found, the
4-26 money from the sale may be paid to the court who shall hold the
4-27 money for the mortgagee or other lienholder and the mortgage or
4-28 other lien shall be deemed to be satisfied.
4-29 3. To the estate of the ward, unless the court orders
4-30 otherwise.
4-31 Sec. 11. At a sale of real property that is subject to a
4-32 mortgage or lien, the holder of the mortgage or lien may become
4-33 the purchaser. The receipt for the amount owed to the holder from
4-34 the proceeds of the sale is a payment pro tanto.
4-35 Sec. 12. 1. In the manner required by this chapter for the
4-36 sale of like property, a guardian may sell:
4-37 (a) The equity of the estate in any real property that is subject
4-38 to a mortgage or lien; and
4-39 (b) The property that is subject to the mortgage or lien.
4-40 2. If a claim has been filed upon the debt secured by the
4-41 mortgage or lien, the court shall not confirm the sale unless the
4-42 holder of the claim files a signed and acknowledged document
4-43 which releases the estate from all liability upon the claim.
4-44 Sec. 13. 1. A guardian may enter into a written contract
4-45 with any bona fide agent, broker or multiple agents or brokers to
5-1 secure a purchaser for any real property of the estate. Such a
5-2 contract may grant an exclusive right to sell the property to the
5-3 agent, broker or multiple agents or brokers.
5-4 2. The guardian shall provide for the payment of a
5-5 commission upon the sale of the real property which:
5-6 (a) Must be paid from the proceeds of the sale;
5-7 (b) Must be fixed in an amount not to exceed:
5-8 (1) Ten percent for unimproved real property; or
5-9 (2) Seven percent for improved real property; and
5-10 (c) Must be authorized by the court by confirmation of the
5-11 sale.
5-12 3. Upon confirmation of the sale by the court, the contract for
5-13 the sale becomes binding and enforceable against the estate.
5-14 4. A guardian may not be held personally liable and the estate
5-15 is not liable for the payment of any commission set forth in a
5-16 contract entered into with an agent or broker pursuant to this
5-17 section until the sale is confirmed by the court, and then is liable
5-18 only for the amount set forth in the contract.
5-19 Sec. 14. 1. When an offer to purchase real property of a
5-20 guardianship estate is presented to the court for confirmation:
5-21 (a) Other persons may submit higher bids to the court; and
5-22 (b) The court may confirm the highest bid.
5-23 2. Upon confirmation of a sale of real property by the court,
5-24 the commission for the sale must be divided between the listing
5-25 agent or broker and the agent or broker who secured the
5-26 purchaser to whom the sale was confirmed, if any, in accordance
5-27 with the contract with the listing agent or broker.
5-28 Sec. 15. 1. If a ward owns real property jointly with one or
5-29 more other persons, the interest owned by the ward may be sold to
5-30 one or more joint owners of the property only if:
5-31 (a) The guardian files a petition with the court to confirm the
5-32 sale pursuant to NRS 159.134; and
5-33 (b) The court confirms the sale.
5-34 2. The court shall confirm the sale only if:
5-35 (a) The net amount of the proceeds from the sale to the estate
5-36 of the ward is not less than 90 percent of the fair market value of
5-37 the portion of the property to be sold; and
5-38 (b) Upon confirmation, the estate of the ward will be released
5-39 from all liability for any mortgage or lien on the property.
5-40 Sec. 16. 1. Except as otherwise provided in this section and
5-41 except for a sale pursuant to section 15 of this act, a guardian may
5-42 sell the real property of a ward only after notice of the sale is
5-43 published in:
5-44 (a) A newspaper that is published in the county in which the
5-45 property, or some portion of the property, is located; or
6-1 (b) If a newspaper is not published in that county:
6-2 (1) In a newspaper of general circulation in the county; or
6-3 (2) In such other newspaper as the court orders.
6-4 2. Except as otherwise provided in this section and except for
6-5 a sale of real property pursuant to section 15 of this act:
6-6 (a) The notice of a public auction for the sale of real property
6-7 must be published not less than three times before the date of the
6-8 sale, over a period of 14 days and 7 days apart.
6-9 (b) The notice of a private sale must be published three times
6-10 before the date on which offers will be accepted, over a period of
6-11 14 days and 7 days apart.
6-12 3. For good cause shown, the court may order fewer
6-13 publications and shorten the time of notice, but must not shorten
6-14 the time of notice to less than 8 days.
6-15 4. The court may waive the requirement of publication
6-16 pursuant to this section if:
6-17 (a) The guardian is the sole devisee or heir of the estate; or
6-18 (b) All devisees or heirs of the estate consent to the waiver in
6-19 writing.
6-20 5. Publication for the sale of real property is not required
6-21 pursuant to this section if the property to be sold is reasonably
6-22 believed to have a value of $5,000 or less. In lieu of publication,
6-23 the guardian shall post notice of the sale in three of the most
6-24 public places in the county in which the property, or some portion
6-25 of the property, is located for at least 14 days before:
6-26 (a) The date of the sale at public auction; or
6-27 (b) The date on which offers will be accepted for a private sale.
6-28 6. Any notice published or posted pursuant to this section
6-29 must include, without limitation:
6-30 (a) For a public auction:
6-31 (1) A description of the real property which reasonably
6-32 identifies the property to be sold; and
6-33 (2) The date, time and location of the auction.
6-34 (b) For a private sale:
6-35 (1) A description of the real property which reasonably
6-36 identifies the property to be sold; and
6-37 (2) The date, time and location that offers will be accepted.
6-38 Sec. 17. 1. Except for a sale pursuant to section 15 of this
6-39 act, a public auction for the sale of real property must be held:
6-40 (a) In the county in which the property is located or, if the real
6-41 property is located in two or more counties, in either county;
6-42 (b) Between the hours of 9 a.m. and 5 p.m.; and
6-43 (c) On the date specified in the notice, unless the sale is
6-44 postponed.
7-1 2. If, on or before the date and time set for the public auction,
7-2 the guardian determines that the auction should be postponed:
7-3 (a) The auction may be postponed for not more than 3 months
7-4 after the date first set for the auction; and
7-5 (b) Notice of the postponement must be given by a public
7-6 declaration at the place first set for the sale on the date and time
7-7 that was set for the sale.
7-8 Sec. 18. 1. Except for the sale of real property pursuant to
7-9 section 15 of this act, a sale of real property of a guardianship
7-10 estate at a private sale:
7-11 (a) Must not occur before the date stated in the notice.
7-12 (b) Except as otherwise provided in this paragraph, must not
7-13 occur sooner than 14 days after the date of the first publication or
7-14 posting of the notice. For good cause shown, the court may
7-15 shorten the time in which the sale may occur to not sooner than 8
7-16 days after the date of the first publication or posting of the notice.
7-17 If the court so orders, the notice of the sale and the sale may be
7-18 made to correspond with the court order.
7-19 (c) Must occur not later than 1 year after the date stated in the
7-20 notice.
7-21 2. The offers made in a private sale:
7-22 (a) Must be in writing; and
7-23 (b) May be delivered to the place designated in the notice or to
7-24 the guardian at any time:
7-25 (1) After the date of the first publication or posting of the
7-26 notice; and
7-27 (2) Before the date on which the sale is to occur.
7-28 Sec. 19. 1. Except as otherwise provided in subsection 2,
7-29 the court shall not confirm a sale of real property of a
7-30 guardianship estate at a private sale unless:
7-31 (a) The court is satisfied that the amount offered represents
7-32 the fair market value of the property to be sold; and
7-33 (b) The real property has been appraised within 1 year before
7-34 the date of the sale. If the real property has not been appraised
7-35 within this period, a new appraisal must be conducted pursuant to
7-36 sections 5 and 6 of this act at any time before the sale or
7-37 confirmation by the court of the sale.
7-38 2. The court may waive the requirement of an appraisal and
7-39 allow the guardian to rely on the assessed value of the real
7-40 property for purposes of taxation in obtaining confirmation by the
7-41 court of the sale.
7-42 Sec. 20. 1. At the hearing to confirm the sale of real
7-43 property, the court shall:
7-44 (a) Consider whether the sale is necessary or in the best
7-45 interest of the estate of the ward; and
8-1 (b) Examine the return on the investment and the evidence
8-2 submitted in relation to the sale.
8-3 2. The court shall confirm the sale and order conveyances to
8-4 be executed if it appears to the court that:
8-5 (a) Good reason existed for the sale;
8-6 (b) The sale was conducted in a legal and fair manner;
8-7 (c) The amount of the offer or bid is not disproportionate to
8-8 the value of the property; and
8-9 (d) It is unlikely that an offer or bid would be made which
8-10 exceeds the original offer or bid:
8-11 (1) By at least 5 percent if the offer or bid is less than
8-12 $100,000; or
8-13 (2) By at least $5,000 if the offer or bid is $100,000 or
8-14 more.
8-15 3. The court shall not confirm the sale if the conditions in
8-16 this section are not satisfied.
8-17 4. If the court does not confirm the sale, the court:
8-18 (a) May order a new sale;
8-19 (b) May conduct a public auction in open court; or
8-20 (c) May accept a written offer or bid from a responsible person
8-21 and confirm the sale to the person if the written offer complies
8-22 with the laws of this state and exceeds the original bid:
8-23 (1) By at least 5 percent if the bid is less than $100,000; or
8-24 (2) By at least $5,000 if the bid is $100,000 or more.
8-25 5. If the court does not confirm the sale and orders a new
8-26 sale:
8-27 (a) Notice must be given in the manner set forth in section 16
8-28 of this act; and
8-29 (b) The sale must be conducted in all other respects as though
8-30 no previous sale has taken place.
8-31 6. If a higher offer or bid is received by the court during the
8-32 hearing to confirm the sale, the court may continue the hearing
8-33 rather than accept the offer or bid as set forth in paragraph (c) of
8-34 subsection 4 if the court determines that the person who made the
8-35 original offer or bid was not notified of the hearing and that the
8-36 person who made the original offer or bid may wish to increase his
8-37 bid. This subsection does not grant a right to a person to have a
8-38 continuance granted and may not be used as a ground to set aside
8-39 an order confirming a sale.
8-40 Sec. 21. 1. If the court confirms a sale of real property of a
8-41 guardianship estate, the guardian shall execute a conveyance of
8-42 the property to the purchaser.
8-43 2. The conveyance must include a reference to the court
8-44 order confirming the sale, and a certified copy of the court order
9-1 must be recorded in the office of the recorder of the county in
9-2 which the property, or any portion of the property, is located.
9-3 3. A conveyance conveys all the right, title and interest of the
9-4 ward in the property on the date of the sale, and if, before the date
9-5 of the sale, by operation of law or otherwise, the ward has
9-6 acquired any right, title or interest in the property other than or in
9-7 addition to that of the ward at the time of the sale, that right, title
9-8 or interest also passes by the conveyance.
9-9 Sec. 22. 1. If a sale of real property is made upon credit,
9-10 the guardian shall take:
9-11 (a) The note or notes of the purchaser for the unpaid portion
9-12 of the sale; and
9-13 (b) A mortgage on the property to secure the payment of the
9-14 notes.
9-15 2. The mortgage may contain a provision for release of any
9-16 part of the property if the court approves the provision.
9-17 Sec. 23. 1. After confirmation of the sale of real property, if
9-18 the purchaser neglects or refuses to comply with the terms of the
9-19 sale, the court may set aside the order of confirmation and order
9-20 the property to be resold:
9-21 (a) On motion of the guardian; and
9-22 (b) After notice is given to the purchaser.
9-23 2. If the amount realized on the resale of the property is
9-24 insufficient to pay for the expenses related to the offer or bid and
9-25 the expenses of the previous sale, the original purchaser is liable
9-26 to the estate of the ward for the deficiency.
9-27 Sec. 24. A guardian who fraudulently sells any real property
9-28 of a ward in a manner inconsistent with the provisions of this
9-29 chapter is liable for double the value of the property sold, as
9-30 liquidated damages, to be recovered in an action by or on behalf of
9-31 the ward.
9-32 Sec. 25. The periods of limitation prescribed in NRS 11.260
9-33 apply to all actions:
9-34 1. For the recovery of real property sold by a guardian in
9-35 accordance with the provisions of this chapter; and
9-36 2. To set aside a sale of real property.
9-37 Sec. 26. 1. A guardian may sell perishable property and
9-38 other personal property of the ward without notice, and title to the
9-39 property passes without confirmation by the court if the property:
9-40 (a) Will depreciate in value if not disposed of promptly; or
9-41 (b) Will incur loss or expense by being kept.
9-42 2. The guardian is responsible for the actual value of the
9-43 personal property unless the guardian obtains confirmation by the
9-44 court of the sale.
9-45 Sec. 27. A guardian may sell any security of the ward if:
10-1 1. The guardian petitions the court for confirmation of the
10-2 sale;
10-3 2. The clerk sets the date of the hearing;
10-4 3. The guardian gives notice in the manner required
10-5 pursuant to section 43 of this act unless, for good cause shown,
10-6 the court shortens the period within which notice must be given or
10-7 dispenses with notice; and
10-8 4. The court confirms the sale.
10-9 Sec. 28. 1. Except as otherwise provided in sections 26 and
10-10 27 of this act, a guardian may sell the personal property of the
10-11 ward only after notice of the sale is published in:
10-12 (a) A newspaper that is published in the county in which the
10-13 property, or some portion of the property, is located; or
10-14 (b) If a newspaper is not published in that county:
10-15 (1) In a newspaper of general circulation in the county; or
10-16 (2) In such other newspaper as the court orders.
10-17 2. Except as otherwise provided in this section:
10-18 (a) The notice of a public sale must be published not less than
10-19 three times before the date of the sale, over a period of 14 days and
10-20 7 days apart.
10-21 (b) The notice of a private sale must be published not less than
10-22 three times before the date on which offers will be accepted, over a
10-23 period of 14 days and 7 days apart.
10-24 3. For good cause shown, the court may order fewer
10-25 publications and shorten the time of notice, but must not shorten
10-26 the time of notice to less than 8 days.
10-27 4. The notice must include, without limitation:
10-28 (a) For a public sale:
10-29 (1) A description of the personal property to be sold; and
10-30 (2) The date, time and location of the sale.
10-31 (b) For a private sale:
10-32 (1) A description of the personal property to be sold; and
10-33 (2) The date, time and location that offers will be accepted.
10-34 Sec. 29. 1. The guardian may sell the personal property of
10-35 a ward by public sale at:
10-36 (a) The residence of the ward;
10-37 (b) The courthouse door; or
10-38 (c) Any other location designated by the guardian.
10-39 2. The guardian may sell the personal property by public sale
10-40 only if the property is made available for inspection at the time of
10-41 the sale, unless the court orders otherwise.
10-42 3. Personal property may be sold at a public or private sale
10-43 for cash or upon credit.
10-44 Sec. 30. The following interests of the estate of the ward may
10-45 be sold in the same manner as other personal property:
11-1 1. An interest in a partnership;
11-2 2. An interest in personal property that has been pledged to
11-3 the ward; and
11-4 3. Choses in action.
11-5 Sec. 31. 1. To enter into an agreement to sell or to give an
11-6 option to purchase a mining claim or real property worked as a
11-7 mine which belongs to the estate of the ward, the guardian or an
11-8 interested person shall file a petition with the court that:
11-9 (a) Describes the property or claim;
11-10 (b) States the terms and general conditions of the agreement;
11-11 (c) Shows any advantage that may accrue to the estate of the
11-12 ward from entering into the agreement; and
11-13 (d) Requests confirmation by the court of the agreement.
11-14 2. The court shall set the date of the hearing on the petition.
11-15 3. The petitioner shall give notice in the manner provided in
11-16 section 43 of this act.
11-17 Sec. 32. 1. At the time appointed and if the court finds that
11-18 due notice of the hearing concerning an agreement has been
11-19 given, the court shall hear a petition filed pursuant to section 31 of
11-20 this act and any objection to the petition that is filed or presented.
11-21 2. After the hearing, if the court is satisfied that the
11-22 agreement will be to the advantage of the estate of the ward, the
11-23 court:
11-24 (a) Shall order the guardian to enter into the agreement; and
11-25 (b) May prescribe in the order the terms and conditions of the
11-26 agreement.
11-27 3. A certified copy of the court order must be recorded in the
11-28 office of the county recorder of each county in which the property
11-29 affected by the agreement, or any portion of the property, is
11-30 located.
11-31 Sec. 33. 1. If the court orders the guardian to enter into the
11-32 agreement pursuant to section 32 of this act, the court shall order
11-33 the guardian to provide an additional bond and specify the amount
11-34 of the bond in the court order.
11-35 2. The guardian is not entitled to receive any of the proceeds
11-36 from the agreement until the guardian provides the bond and the
11-37 court approves the bond.
11-38 3. When the court order is entered, the guardian shall
11-39 execute, acknowledge and deliver an agreement which:
11-40 (a) Contains the conditions specified in the court order;
11-41 (b) States that the agreement or option is approved by court
11-42 order; and
11-43 (c) Provides the date of the court order.
11-44 Sec. 34. 1. If the purchaser or option holder neglects or
11-45 refuses to comply with the terms of the agreement approved by the
12-1 court pursuant to section 28 of this act, the guardian may petition
12-2 the court to cancel the agreement. The court shall cancel the
12-3 agreement after notice is given to the purchaser or option holder.
12-4 2. The cancellation of an agreement pursuant to this section
12-5 does not affect any liability created by the agreement.
12-6 Sec. 35. 1. If the purchaser or option holder complies with
12-7 the terms of an agreement approved by the court pursuant to
12-8 section 32 of this act and has made all payments according to the
12-9 terms of the agreement, the guardian shall:
12-10 (a) Make a return to the court of the proceedings; and
12-11 (b) Petition the court for confirmation of the proceedings.
12-12 2. Notice must be given to the purchaser or option holder
12-13 regarding the petition for confirmation.
12-14 3. The court:
12-15 (a) Shall hold a hearing regarding the petition for
12-16 confirmation; and
12-17 (b) May order or deny confirmation of the proceedings and
12-18 execution of the conveyances in the same manner and with the
12-19 same effect as when the court orders or denies a confirmation of a
12-20 sale of real property.
12-21 Sec. 36. 1. The following persons may petition the court to
12-22 have a guardian removed:
12-23 (a) The ward;
12-24 (b) The spouse of the ward;
12-25 (c) Any relative who is within the second degree of
12-26 consanguinity to the ward;
12-27 (d) A public guardian; or
12-28 (e) Any other interested person.
12-29 2. The petition must:
12-30 (a) State with particularity the reasons for removing the
12-31 guardian; and
12-32 (b) Show cause for the removal.
12-33 3. If the court denies the petition for removal, the petitioner
12-34 shall not file a subsequent petition unless a material change of
12-35 circumstances warrants a subsequent petition.
12-36 4. If the court finds that the petitioner did not file a petition
12-37 for removal in good faith or in furtherance of the best interests of
12-38 the ward, the court may:
12-39 (a) Disallow the petitioner from petitioning the court for
12-40 attorney’s fees from the estate of the ward; and
12-41 (b) Impose sanctions on the petitioner in an amount sufficient
12-42 to reimburse the estate of the ward for all or part of the expenses
12-43 incurred by the estate of the ward in responding to the petition and
12-44 for any other pecuniary losses which are associated with the
12-45 petition.
13-1 Sec. 37. 1. If a petition to have a guardian removed is filed
13-2 with the court, the court shall issue and serve a citation on the
13-3 guardian and on all other interested persons.
13-4 2. The citation must require the guardian to appear and show
13-5 cause why the court should not remove the guardian.
13-6 3. If it appears that the ward or estate may suffer loss or
13-7 injury during the time required for service of the citation on the
13-8 guardian, on the court’s own motion or on petition, the court may:
13-9 (a) Suspend the powers of the guardian by issuing a 30-day
13-10 temporary restraining order or an injunction;
13-11 (b) Compel the guardian to surrender the ward to a temporary
13-12 guardian for not more than 30 days; and
13-13 (c) Compel the guardian to surrender the assets of the estate to
13-14 a temporary guardian or to the public guardian until the date set
13-15 for the hearing.
13-16 Sec. 38. If a petition to remove a guardian is deemed
13-17 sufficient and the guardian fails to appear before the court, the
13-18 court may:
13-19 1. Hold the guardian in contempt of court.
13-20 2. Require the guardian to appear at a date and time set by
13-21 the court.
13-22 3. Issue a bench warrant for the arrest and appearance of the
13-23 guardian.
13-24 4. Find that the guardian caused harm to the ward or the
13-25 estate of the ward and issue an order accordingly.
13-26 Sec. 39. 1. A guardian of the person, of the estate, or of the
13-27 person and the estate, may file with the court a petition tendering
13-28 the resignation of the guardian.
13-29 2. If the guardian files a petition to resign, the court shall
13-30 serve notice upon any person entitled to notice pursuant to
13-31 NRS 159.047.
13-32 Sec. 40. 1. Before the court approves the resignation of a
13-33 guardian of the person and discharges the guardian, the court
13-34 shall appoint a successor guardian.
13-35 2. If a ward has more than one guardian, the court may
13-36 approve the resignation of one of the guardians if the remaining
13-37 guardian or guardians are qualified to act alone.
13-38 Sec. 41. 1. Before the court approves the resignation of a
13-39 guardian of the estate and discharges the guardian, the court shall
13-40 require the guardian to submit, on the date set for the hearing, an
13-41 accounting of the estate through the end of the term.
13-42 2. If the guardian fails to file such an accounting, the court
13-43 may impose sanctions upon the guardian.
13-44 3. If an estate has more than one guardian, the court may
13-45 accept the resignation of one of the guardians if the remaining
14-1 guardian or guardians are qualified to act alone. The court may
14-2 waive the requirement of filing the accounting if the remaining
14-3 guardian or guardians are:
14-4 (a) Required to file the annual accounting, if applicable; and
14-5 (b) Responsible for any discrepancies in the accounting.
14-6 4. Upon approval of the accounting, if any is required, and
14-7 appointment of a successor guardian, the court may approve the
14-8 resignation of a guardian and order the discharge of his duties.
14-9 Sec. 42. 1. If a temporary guardianship is terminated and a
14-10 petition for a general or special guardianship has not been filed:
14-11 (a) The temporary guardian shall immediately turn over all of
14-12 the ward’s property to the ward; or
14-13 (b) If the temporary guardian is awaiting certification from the
14-14 appropriate authority acknowledging that the guardian has no
14-15 further liability for taxes on the estate, the temporary guardian
14-16 shall seek approval from the court to maintain possession of all or
14-17 a portion of the ward’s property.
14-18 2. If a temporary guardianship is terminated and a petition
14-19 for general or special guardianship has been filed, the temporary
14-20 guardian of the estate may:
14-21 (a) Continue possessing the ward’s property; and
14-22 (b) Perform the duties of guardian for not more than 90 days
14-23 after the temporary guardianship is terminated or until the court
14-24 appoints another temporary, general or special guardian.
14-25 3. If the death of a ward causes the termination of a
14-26 temporary guardianship before the hearing on a general or special
14-27 guardianship:
14-28 (a) The temporary guardian of the estate may:
14-29 (1) Continue possessing the ward’s property; and
14-30 (2) Except as otherwise provided in this paragraph, perform
14-31 the duties of guardian for not more than 90 days after the date of
14-32 the termination of the temporary guardianship or until the court
14-33 appoints a personal representative of the estate, if any. If the
14-34 temporary guardian is awaiting certification from the appropriate
14-35 authority acknowledging that the guardian has no further liability
14-36 for taxes on the estate and it will take longer than 90 days after the
14-37 date of the termination of the temporary guardianship to receive
14-38 such certification, the temporary guardian must seek approval
14-39 from the court to maintain possession of all or a portion of the
14-40 ward’s property until certification is received.
14-41 (b) If no personal representative has been appointed pursuant
14-42 to chapter 138 or 139 of NRS, the temporary guardian shall pay
14-43 all of the final expenses and outstanding debts of the ward to the
14-44 extent possible using the assets in the possession of the temporary
14-45 guardian.
15-1 Sec. 43. 1. Except as otherwise provided in this section, by
15-2 specific statute or as ordered by the court, a petitioner in a
15-3 guardianship proceeding shall give notice of the time and place of
15-4 the hearing on the petition to:
15-5 (a) Each interested person or the attorney of the interested
15-6 person;
15-7 (b) Any person entitled to notice pursuant to this chapter or his
15-8 attorney; and
15-9 (c) Any other person who has filed a request for notice in the
15-10 guardianship proceedings.
15-11 2. The petitioner shall give notice not later than 10 days
15-12 before the date set for the hearing:
15-13 (a) By mailing a copy of the notice by certified, registered or
15-14 ordinary first-class mail to the residence, office or post office
15-15 address of each person required to be notified pursuant to this
15-16 section;
15-17 (b) By personal service; or
15-18 (c) In any other manner ordered by the court, upon a showing
15-19 of good cause.
15-20 3. If the address or identity of a person required to be notified
15-21 of a hearing on a petition pursuant to this section is not known
15-22 and cannot be ascertained with reasonable diligence, notice must
15-23 be given:
15-24 (a) By publishing a copy of the notice in a newspaper of
15-25 general circulation in the county where the hearing is to be held at
15-26 least once every 7 days for 21 consecutive days, the last
15-27 publication of which must occur not later than 10 days before the
15-28 date set for the hearing; or
15-29 (b) In any other manner ordered by the court, upon a showing
15-30 of good cause.
15-31 4. For good cause shown, the court may waive the
15-32 requirement of giving notice.
15-33 5. A person entitled to notice pursuant to this section may
15-34 waive such notice. Such a waiver must be in writing and filed with
15-35 the court.
15-36 6. On or before the date set for the hearing, the petitioner
15-37 shall file with the court proof of giving notice to each person
15-38 entitled to notice pursuant to this section.
15-39 Sec. 44. If publication of a notice is required pursuant to this
15-40 chapter, the court may, for good cause shown:
15-41 1. Allow fewer publications to be made within the time for
15-42 publication; and
15-43 2. Extend or shorten the time in which the publications must
15-44 be made.
16-1 Sec. 45. If a petition, notice, objection, consent, waiver or
16-2 other paper may be filed, a true and correct facsimile of it may be
16-3 filed, if the original is filed within a reasonable time or at such
16-4 time prescribed by the court.
16-5 Sec. 46. All notices required to be given by this chapter may
16-6 be given by the clerk of the court without an order from the court,
16-7 and when so given, for the time and in the manner required by
16-8 law, they are legal and valid as though made upon an order from
16-9 the court. If use of a citation is authorized or required by statute,
16-10 the citation may be issued by the clerk of the court on the request
16-11 of a party or the party’s attorney without a court order, unless an
16-12 order is expressly required by statute.
16-13 Sec. 47. In addition to any order from which an appeal is
16-14 expressly authorized pursuant to this chapter, an appeal may be
16-15 taken to the Supreme Court within 30 days after its entry from an
16-16 order:
16-17 1. Granting or revoking letters of guardianship.
16-18 2. Directing or authorizing the sale or conveyance, or
16-19 confirming the sale, of property of the estate of a ward.
16-20 3. Settling an account.
16-21 4. Ordering or authorizing a guardian to act pursuant to
16-22 NRS 159.113.
16-23 5. Ordering or authorizing the payment of a debt, claim,
16-24 devise, guardian’s fees or attorney’s fees.
16-25 6. Determining ownership interests in property.
16-26 7. Granting or denying a petition to enforce the liability of a
16-27 surety.
16-28 8. Granting or denying a petition for modification or
16-29 termination of a guardianship.
16-30 9. Granting or denying a petition for removal of a guardian
16-31 or appointment of a successor guardian.
16-32 Sec. 48. NRS 159.013 is hereby amended to read as follows:
16-33 159.013 As used in this chapter, unless the context otherwise
16-34 requires, the words and terms defined in NRS 159.015 to 159.027,
16-35 inclusive, and section 2 of this act, have the meanings ascribed to
16-36 them in those sections.
16-37 Sec. 49. NRS 159.019 is hereby amended to read as follows:
16-38 159.019 “Incompetent” means an adult person who, by reason
16-39 of mental illness, mental deficiency, disease, weakness of mind or
16-40 any other cause, is unable, without assistance, properly to manage
16-41 and take care of himself or his property[.] , or both. The term
16-42 includes an incapacitated person.
16-43 Sec. 50. NRS 159.021 is hereby amended to read as follows:
16-44 159.021 [“Institution”] “Care provider” includes any public or
16-45 private institution located within or outside this state which provides
17-1 facilities for the care or maintenance of incompetents, persons of
17-2 limited capacity or minors.
17-3 Sec. 51. NRS 159.022 is hereby amended to read as follows:
17-4 159.022 A person is of “limited capacity” if [he] :
17-5 1. The person is able to make independently some but not all
17-6 of the decisions necessary for [his] the person’s own care and the
17-7 management of [his] the person’s property ; and [has attained the
17-8 age of majority.]
17-9 2. The person is not a minor.
17-10 Sec. 52. NRS 159.023 is hereby amended to read as follows:
17-11 159.023 “Minor” means any person who [has not arrived at the
17-12 age of majority as provided by the laws of Nevada.] is:
17-13 1. Less than 18 years of age; or
17-14 2. Less than 19 years of age if the guardianship is continued
17-15 until the person reaches the age of 19 years pursuant to
17-16 NRS 159.191.
17-17 Sec. 53. NRS 159.033 is hereby amended to read as follows:
17-18 159.033 [The] Except as otherwise provided in this chapter,
17-19 the provisions of this chapter do not apply to guardians ad litem.
17-20 Sec. 54. NRS 159.035 is hereby amended to read as follows:
17-21 159.035 Any court of competent jurisdiction may appoint:
17-22 1. Guardians of the person, of the estate , or of the person and
17-23 estate for resident incompetents or resident minors.
17-24 2. Guardians of the person or of the person and estate for
17-25 incompetents or minors who, although not residents of this state, are
17-26 physically present in this state and whose welfare requires such an
17-27 appointment.
17-28 3. Guardians of the estate for nonresident incompetents or
17-29 nonresident minors who have property within this state.
17-30 4. Guardians of the person, of the estate, or of the person and
17-31 estate for incompetents or minors who previously have been
17-32 appointed by the court of another state and who provide proof of
17-33 the filing of an exemplified copy of the order from the court of the
17-34 other state that appointed the guardian and a bond issued in this
17-35 state as ordered by the court of the other state. As used in this
17-36 subsection, “guardian” includes, without limitation, a conservator.
17-37 5. Special guardians.
17-38 6. Guardians ad litem to act in the best interests of the ward.
17-39 Sec. 55. NRS 159.037 is hereby amended to read as follows:
17-40 159.037 1. The venue for the appointment of a guardian
17-41 [shall] must be:
17-42 (a) The county where the proposed ward resides; or
17-43 (b) If the proposed ward does not reside in this state, any county
17-44 in which any property of the proposed ward is located, or any
17-45 county in which the proposed ward is physically present.
18-1 2. [If, under paragraph (b) of subsection 1, the] If the proper
18-2 venue may [properly] be in two or more counties, [then] the county
18-3 in which the proceeding is first commenced [shall be] is the proper
18-4 county in which to continue the proceedings.
18-5 3. Upon the filing of a petition showing that the proper venue
18-6 is inconvenient, a venue other than that provided in subsection 1
18-7 may accept the proceeding.
18-8 Sec. 56. NRS 159.043 is hereby amended to read as follows:
18-9 159.043 1. All petitions filed in any guardianship proceeding
18-10 must bear the title of the court and cause. [It is sufficient for the
18-11 caption to]
18-12 2. The caption of all petitions and other documents filed in a
18-13 guardianship proceeding must read, “In The Matter of the
18-14 Guardianship of [................, (minor) a(n) .................. Ward” (adult),
18-15 without designating the ward as an incompetent or a person of
18-16 limited capacity.] ................ (the person, the estate, or the person
18-17 and estate), ................ (the legal name of the person), ................
18-18 (adult or minor).
18-19 Sec. 57. NRS 159.044 is hereby amended to read as follows:
18-20 159.044 1. Except as otherwise provided in NRS 127.045, a
18-21 proposed ward, a governmental agency, a nonprofit corporation or
18-22 any [concerned] interested person may petition the court for the
18-23 appointment of a guardian.
18-24 2. The petition must state:
18-25 (a) The name and address of the petitioner.
18-26 (b) The name, [age] date of birth and current address of the
18-27 proposed ward[. If he] and one of the following forms of
18-28 identification of the proposed ward:
18-29 (1) A social security number;
18-30 (2) A taxpayer identification number;
18-31 (3) A valid driver’s license number;
18-32 (4) A valid identification card number; or
18-33 (5) A valid passport number.
18-34 (c) If the proposed ward is a minor, [the petition must state] the
18-35 date on which he will attain the age of majority and whether he will
18-36 need guardianship after attaining the age of majority[.
18-37 (c)] and:
18-38 (1) Whether there is a current order concerning custody
18-39 and the state in which the order was issued; and
18-40 (2) Whether the petitioner anticipates that a guardian will
18-41 be necessary for the proposed ward when the proposed ward is no
18-42 longer a minor.
18-43 (d) Whether the proposed ward is a resident or nonresident of
18-44 this state.
19-1 [(d)] (e) The names and addresses, so far as they are known to
19-2 the petitioner, of the relatives of the proposed ward who are within
19-3 the second degree[.
19-4 (e)] of consanguinity or affinity.
19-5 (f) The name , date of birth and current address of the proposed
19-6 guardian[.
19-7 (f) That] and one of the following forms of identification of the
19-8 proposed guardian:
19-9 (1) A social security number;
19-10 (2) A taxpayer identification number;
19-11 (3) A valid driver’s license number;
19-12 (4) A valid identification card number; or
19-13 (5) A valid passport number.
19-14 (g) Whether the proposed guardian has [never] ever been
19-15 convicted of a felony[.
19-16 (g)] and, if so, information concerning the crime for which he
19-17 was convicted and whether the guardian was placed on probation
19-18 or parole.
19-19 (h) A summary of the reasons why a guardian is needed[.
19-20 (h)] and recent documentation demonstrating the need for a
19-21 guardianship. The documentation may include, without limitation:
19-22 (1) A certificate signed by a physician who is licensed to
19-23 practice medicine in this state stating the need for a guardian;
19-24 (2) A letter signed by any governmental agency in this state
19-25 which conducts investigations stating the need for a guardian; or
19-26 (3) A certificate signed by any other person whom the court
19-27 finds qualified to execute a certificate stating the need for a
19-28 guardian.
19-29 (i) Whether the appointment of a general or a special guardian is
19-30 sought.
19-31 [(i)] (j) A general description and the probable value of the
19-32 property of the proposed ward and any income to which [he]
19-33 the proposed ward is or will be entitled, if the petition is for the
19-34 appointment of a guardian of the estate or a special guardian. If any
19-35 money is paid or is payable to the proposed ward by the United
19-36 States through the Department of Veterans Affairs, the petition must
19-37 so state.
19-38 [(j)] (k) The name and address of any person or [institution]
19-39 care provider having the care, custody or control of the proposed
19-40 ward.
19-41 [(k)] (l) The relationship, if any, of the petitioner to the
19-42 proposed ward and the interest, if any, of the petitioner in the
19-43 appointment.
20-1 [(l)] (m) Requests for any of the specific powers set forth in
20-2 NRS 159.117 to 159.175, inclusive, necessary to enable the
20-3 guardian to carry out the duties of the guardianship.
20-4 [(m)] (n) Whether the guardianship is sought as the result of an
20-5 investigation of a report of abuse or neglect that is conducted
20-6 pursuant to chapter 432B of NRS by an agency which provides child
20-7 welfare services. As used in this paragraph, “agency which provides
20-8 child welfare services” has the meaning ascribed to it in
20-9 NRS 432B.030.
20-10 (o) Whether the proposed ward is a party to any pending
20-11 criminal or civil litigation.
20-12 (p) Whether the guardianship is sought for the purpose of
20-13 initiating litigation.
20-14 (q) Whether the proposed ward has executed a durable power
20-15 of attorney for health care, a durable power of attorney for
20-16 financial matters or a written nomination of guardian and, if so,
20-17 who the named agents are for each document.
20-18 Sec. 58. NRS 159.046 is hereby amended to read as follows:
20-19 159.046 1. Upon filing of the petition, or any time thereafter,
20-20 the court may appoint [an investigator to locate] one or more
20-21 investigators to:
20-22 (a) Locate persons who perform services needed by the
20-23 proposed ward and other public and private resources available to
20-24 [him. The] the proposed ward.
20-25 (b) Determine any competing interests in the appointment of a
20-26 guardian.
20-27 (c) Investigate allegations or claims which affect a ward or
20-28 proposed ward.
20-29 2. An investigator may be an employee of a social service
20-30 agency, family service officer of the court , public guardian,
20-31 physician or other qualified person.
20-32 [2. The investigator, if one is appointed,]
20-33 3. An investigator shall file with the court and parties a
20-34 [written report stating his opinion of the nature of the proposed
20-35 ward’s incapacity, if any, and of the] report concerning the scope of
20-36 the appointment of the guardian and any special powers which a
20-37 guardian would need to assist the proposed ward.
20-38 4. An investigator who is appointed pursuant to this section is
20-39 entitled to reasonable compensation from the estate of the
20-40 proposed ward. If the court finds that a person has unnecessarily
20-41 or unreasonably caused the investigation, the court may order the
20-42 person to pay to the estate of the proposed ward all or part of the
20-43 expenses associated with the investigation.
21-1 Sec. 59. NRS 159.047 is hereby amended to read as follows:
21-2 159.047 1. Except as otherwise provided in NRS 159.0475
21-3 and 159.049 to 159.0525, inclusive, [the court,] upon the filing of a
21-4 petition under NRS 159.044, [shall direct] the clerk [to] shall issue a
21-5 citation setting forth a time and place for the hearing and directing
21-6 the persons or [institutions] care provider referred to in subsection 2
21-7 to appear and show cause why a guardian should not be appointed
21-8 for the proposed ward.
21-9 2. A citation issued under subsection 1 must be served:
21-10 (a) [If the proposed ward is an incompetent or a person of
21-11 limited capacity:
21-12 (1) Upon the spouse and adult children of the incompetent or
21-13 person of limited capacity who are known to exist, or, if there are
21-14 none, upon any parent, brother or sister of the incompetent or person
21-15 of limited capacity;
21-16 (2)] Upon a proposed ward who is 14 years of age or older;
21-17 (b) Upon all known relatives of the proposed ward who are:
21-18 (1) Fourteen years of age or older; and
21-19 (2) Within the second degree of consanguinity or affinity;
21-20 (c) Upon the parent or legal guardian of all known relatives of
21-21 the proposed ward who are:
21-22 (1) Less than 14 years of age; and
21-23 (2) Within the second degree of consanguinity or affinity;
21-24 (d) If there are no known relatives of the proposed ward who
21-25 are within the second degree of consanguinity or affinity to the
21-26 proposed ward, upon the office of the public guardian of the
21-27 county where the proposed ward resides; and
21-28 (e) Upon any person or officer of [an institution] a care provider
21-29 having the care, custody or control of the [incompetent or person of
21-30 limited capacity; and
21-31 (3) Upon the incompetent or person of limited capacity.
21-32 (b) If the] proposed ward . [is a minor:
21-33 (1) Upon the parents of the minor;
21-34 (2) Upon any person or officer of an institution having care,
21-35 custody or control of the minor; and
21-36 (3) If the minor is 14 years of age or older, upon the minor.]
21-37 Sec. 60. NRS 159.0475 is hereby amended to read as follows:
21-38 159.0475 1. A copy of the citation issued pursuant to NRS
21-39 159.047 must be served by [certified] :
21-40 (a) Certified mail, with a return receipt requested, on each
21-41 person required to be served [in subsection 2 of] pursuant to NRS
21-42 159.047 at least 20 days before the hearing[.] ; or
21-43 (b) Personal service in the manner provided pursuant to
21-44 N.R.C.P. 4(d) at least 10 days before the date set for the hearing
21-45 on each person required to be served pursuant to NRS 159.047.
22-1 2. If none of the persons on whom the citation is to be served
22-2 can, after due diligence, be served by certified mail or personal
22-3 service and this fact is proven, by affidavit, to the satisfaction of the
22-4 court, service of the citation must be made by publication in the
22-5 manner provided by N.R.C.P. 4(e). In all such cases, the citation
22-6 must be published at least 20 days before the date set for the
22-7 hearing.
22-8 3. A citation need not be served on a person or an officer of [an
22-9 institution] the care provider who has signed the petition or a
22-10 written waiver of service of citation or who makes a general
22-11 appearance.
22-12 4. If the proposed ward is receiving money paid or payable by
22-13 the United States through the Department of Veterans Affairs, a
22-14 copy of the citation must be mailed to any office of the Department
22-15 of Veterans Affairs in this state[.
22-16 5. Notice shall be deemed sufficient if each person who is
22-17 required to be served is mailed a copy of the citation at his last
22-18 known address by means of certified mail with return receipt
22-19 requested, and either a postal receipt has been returned evidencing
22-20 delivery or the letter has been returned marked undelivered, but if
22-21 none of the family members to whom notices have been mailed have
22-22 been served, as evidenced by the return letters, notice shall be
22-23 deemed to be sufficient only upon proof of publication of the
22-24 citation.] , unless the Department of Veterans Affairs has executed
22-25 a written waiver of service of citation.
22-26 5. The court may find that notice is sufficient if:
22-27 (a) The citation has been served by certified mail, with a return
22-28 receipt requested, or by personal service on the proposed ward,
22-29 care provider or public guardian required to be served pursuant to
22-30 NRS 159.047; and
22-31 (b) At least one relative of the proposed ward who is required
22-32 to be served pursuant to NRS 159.047 has been served, as
22-33 evidenced by the return receipt or the certificate of service. If the
22-34 court finds that at least one relative of the proposed ward has not
22-35 received notice that is sufficient, the court will require the citation
22-36 to be published pursuant to subsection 2.
22-37 Sec. 61. NRS 159.048 is hereby amended to read as follows:
22-38 159.048 The citation issued pursuant to NRS 159.047 must
22-39 state that the:
22-40 1. Proposed ward may be adjudged to be incompetent or of
22-41 limited capacity and a guardian may be appointed for [him;] the
22-42 proposed ward;
22-43 2. Proposed ward’s rights may be affected as specified in the
22-44 petition;
23-1 3. Proposed ward has the right to appear at the hearing and to
23-2 oppose the petition; and
23-3 4. Proposed ward has the right to be represented by an
23-4 attorney, who may be appointed for [him] the proposed ward by the
23-5 court if [he] the proposed ward is unable to retain one.
23-6 Sec. 62. NRS 159.0485 is hereby amended to read as follows:
23-7 159.0485 1. If an adult ward or proposed adult ward is unable
23-8 to retain legal counsel and requests the appointment of counsel, at
23-9 any stage of a proceeding for guardianship and whether or not [he]
23-10 the adult ward or proposed adult ward lacks or appears to lack
23-11 capacity, the court shall, at or before the time of the next hearing,
23-12 appoint an attorney who works for legal aid services, if available, or
23-13 a private attorney to represent [him. The attorney’s fees must be
23-14 paid from the estate of the ward or proposed ward to the extent
23-15 possible.] the adult ward or proposed adult ward. The appointed
23-16 attorney must represent the adult ward or proposed adult ward
23-17 until relieved of the duty by court order.
23-18 2. The attorney for the adult ward or proposed adult ward is
23-19 entitled to reasonable compensation from the estate of the adult
23-20 ward or proposed adult ward. If the court finds that a person has
23-21 unnecessarily or unreasonably caused the appointment of an
23-22 attorney, the court may order the person to pay to the estate of the
23-23 adult ward or proposed adult ward all or part of the expenses
23-24 associated with the appointment of the attorney.
23-25 Sec. 63. NRS 159.049 is hereby amended to read as follows:
23-26 159.049 The court may, without issuing a citation, appoint a
23-27 guardian for the proposed ward if the:
23-28 1. Petitioner is a parent who has sole legal and physical
23-29 custody of the proposed ward as evidenced by a valid court order
23-30 or birth certificate and who is seeking the appointment of a
23-31 guardian for [his] the minor child [who is in the lawful custody of
23-32 the petitioner.] of the parent. If the proposed ward is a minor who is
23-33 14 years of age or older:
23-34 (a) The petition must be accompanied by the written consent of
23-35 the minor to the appointment of the guardian; or
23-36 (b) The minor must consent to the appointment of the guardian
23-37 in open court.
23-38 2. Petitioner is a foreign guardian of a nonresident proposed
23-39 ward, and the petition is accompanied by [an authenticated] :
23-40 (a) An exemplified copy of the record of [his] the appointment
23-41 of the foreign guardian; and [by evidence]
23-42 (b) Evidence of the existing authority of the foreign guardian.
23-43 Sec. 64. NRS 159.052 is hereby amended to read as follows:
23-44 159.052 1. A petitioner may request the court to appoint a
23-45 temporary guardian for a ward who is a minor and who is unable to
24-1 respond to a substantial and immediate risk of physical harm or to a
24-2 need for immediate medical attention. To support the request, the
24-3 petitioner must set forth in a petition and present to the court under
24-4 oath:
24-5 (a) Facts which show that the proposed ward[:
24-6 (1) Faces] faces a substantial and immediate risk of physical
24-7 harm or needs immediate medical attention; and
24-8 [(2) Lacks capacity to respond to the risk of harm or to
24-9 obtain the necessary medical attention; and]
24-10 (b) Facts which show that:
24-11 (1) The petitioner has tried in good faith to notify the persons
24-12 entitled to notice pursuant to NRS 159.047[;] by telephone or in
24-13 writing before the filing of the petition;
24-14 (2) The proposed ward would be exposed to an immediate
24-15 risk of physical harm if the petitioner were to provide notice to the
24-16 persons entitled to notice pursuant to NRS 159.047 before the court
24-17 determines whether to appoint a temporary guardian; or
24-18 (3) Giving notice to the persons entitled to notice pursuant to
24-19 NRS 159.047 is not feasible under the circumstances.
24-20 2. The court may appoint a temporary guardian to serve for 10
24-21 days if the court:
24-22 (a) Finds reasonable cause to believe that the proposed ward [is
24-23 unable to respond to] may suffer a substantial and immediate risk of
24-24 physical harm or [to a need for] needs immediate medical attention;
24-25 and
24-26 (b) Is satisfied that the petitioner has tried in good faith to notify
24-27 the persons entitled to notice pursuant to NRS 159.047 or that
24-28 giving notice to those persons is not feasible under the
24-29 circumstances, or determines that such notice is not required
24-30 pursuant to subparagraph (2) of paragraph (b) of subsection 1.
24-31 3. Except as otherwise provided in subsection 4, after the
24-32 appointment of a temporary guardian, the petitioner shall attempt in
24-33 good faith to notify the persons entitled to notice pursuant to NRS
24-34 159.047[.] , including, without limitation, notice of any hearing to
24-35 extend the temporary guardianship. If the petitioner fails to make
24-36 such an effort, the court may terminate the temporary guardianship.
24-37 4. If, before the appointment of a temporary guardian, the court
24-38 determined that advance notice was not required pursuant to
24-39 subparagraph (2) of paragraph (b) of subsection 1, the petitioner
24-40 shall notify the persons entitled to notice pursuant to NRS 159.047
24-41 without undue delay, but not later than 48 hours after the
24-42 appointment of the temporary guardian or not later than 48 hours
24-43 after [he] the petitioner discovers the existence, identity and
24-44 location of the persons entitled to notice pursuant to that section. If
25-1 the petitioner fails to provide such notice, the court may terminate
25-2 the temporary guardianship.
25-3 5. [Within] Not later than 10 days after the date of the
25-4 appointment of a temporary guardian pursuant to subsection 2,
25-5 the court shall hold a hearing to determine the need to extend the
25-6 temporary guardianship. Except as otherwise provided in subsection
25-7 7, if the court finds by clear and convincing evidence that the
25-8 proposed ward is unable to respond to a substantial and immediate
25-9 risk of physical harm or to a need for immediate medical attention,
25-10 the court may extend the temporary guardianship until a general or
25-11 special guardian is appointed, but not for more than 30 days.
25-12 6. If the court appoints a temporary guardian or extends the
25-13 temporary guardianship pursuant to this section, the court shall limit
25-14 the powers of the temporary guardian to those necessary to respond
25-15 to the substantial and immediate risk of physical harm or to a need
25-16 for immediate medical attention.
25-17 7. The court may not extend a temporary guardianship pursuant
25-18 to subsection 5 beyond the initial period of 10 days unless the
25-19 petitioner demonstrates that:
25-20 (a) The provisions of NRS 159.0475 have been satisfied; or
25-21 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently
25-22 being undertaken.
25-23 8. If notice is given by publication pursuant to N.R.C.P. 4(e),
25-24 the temporary guardian may request to extend the temporary
25-25 guardianship for not more than 30 days during the period for
25-26 publication, but may not be granted more than two extensions.
25-27 Sec. 65. NRS 159.0523 is hereby amended to read as follows:
25-28 159.0523 1. A petitioner may request the court to appoint a
25-29 temporary guardian for a ward who is an adult and who is unable to
25-30 respond to a substantial and immediate risk of physical harm or to a
25-31 need for immediate medical attention. To support the request, the
25-32 petitioner must set forth in a petition and present to the court under
25-33 oath:
25-34 (a) Facts which show that the proposed ward:
25-35 (1) Faces a substantial and immediate risk of physical harm
25-36 or needs immediate medical attention; and
25-37 (2) Lacks capacity to respond to the risk of harm or to obtain
25-38 the necessary medical attention; and
25-39 (b) Facts which show that:
25-40 (1) The petitioner has tried in good faith to notify the persons
25-41 entitled to notice pursuant to NRS 159.047[;] by telephone or in
25-42 writing before the filing of the petition;
25-43 (2) The proposed ward would be exposed to an immediate
25-44 risk of physical harm if the petitioner were to provide notice to the
26-1 persons entitled to notice pursuant to NRS 159.047 before the court
26-2 determines whether to appoint a temporary guardian; or
26-3 (3) Giving notice to the persons entitled to notice pursuant to
26-4 NRS 159.047 is not feasible under the circumstances.
26-5 2. The court may appoint a temporary guardian to serve for 10
26-6 days if the court:
26-7 (a) Finds reasonable cause to believe that the proposed ward is
26-8 unable to respond to a substantial and immediate risk of physical
26-9 harm or to a need for immediate medical attention;
26-10 (b) Is satisfied that the petitioner has tried in good faith to notify
26-11 the persons entitled to notice pursuant to NRS 159.047 or that
26-12 giving notice to those persons is not feasible under the
26-13 circumstances, or determines that such notice is not required
26-14 pursuant to subparagraph (2) of paragraph (b) of subsection 1; and
26-15 (c) Finds that the petition required pursuant to subsection 1 is
26-16 accompanied by:
26-17 (1) A certificate signed by a physician who is licensed to
26-18 practice in this state which states that the proposed ward is unable to
26-19 respond to a substantial and immediate risk of physical harm or to a
26-20 need for immediate medical attention; or
26-21 (2) The affidavit of the petitioner which explains the reasons
26-22 why the certificate described in subparagraph (1) is not immediately
26-23 obtainable.
26-24 3. Except as otherwise provided in subsection 4, after the
26-25 appointment of a temporary guardian, the petitioner shall attempt in
26-26 good faith to notify the persons entitled to notice pursuant to NRS
26-27 159.047[.] , including, without limitation, notice of any hearing to
26-28 extend the temporary guardianship. If the petitioner fails to make
26-29 such an effort, the court may terminate the temporary guardianship.
26-30 4. If, before the appointment of a temporary guardian, the court
26-31 determined that advance notice was not required pursuant to
26-32 subparagraph (2) of paragraph (b) of subsection 1, the petitioner
26-33 shall notify the persons entitled to notice pursuant to NRS 159.047
26-34 without undue delay, but not later than 48 hours after the
26-35 appointment of the temporary guardian or not later than 48 hours
26-36 after [he] the petitioner discovers the existence, identity and
26-37 location of the persons entitled to notice pursuant to that section. If
26-38 the petitioner fails to provide such notice, the court may terminate
26-39 the temporary guardianship.
26-40 5. [Within] Not later than 10 days after the date of the
26-41 appointment of a temporary guardian pursuant to subsection 2,
26-42 the court shall hold a hearing to determine the need to extend the
26-43 temporary guardianship. Except as otherwise provided in subsection
26-44 7, the court may extend the temporary guardianship until a general
26-45 or special guardian is appointed, but not for more than 30 days, if:
27-1 (a) The certificate required by subsection 2 has been filed and
27-2 the court finds by clear and convincing evidence that the proposed
27-3 ward is unable to respond to a substantial and immediate risk of
27-4 physical harm or to a need for immediate medical attention; or
27-5 (b) The certificate required by subsection 2 has not been filed
27-6 and the court finds by clear and convincing evidence that:
27-7 (1) The proposed ward is unable to respond to a substantial
27-8 and immediate risk of physical harm or to a need for immediate
27-9 medical attention;
27-10 (2) Circumstances have prevented the petitioner or temporary
27-11 guardian from obtaining the certificate required pursuant to
27-12 subsection 2; and
27-13 (3) The extension of the temporary guardianship is necessary
27-14 and in the best interests of the proposed ward.
27-15 6. If the court appoints a temporary guardian or extends the
27-16 temporary guardianship pursuant to this section, the court shall limit
27-17 the powers of the temporary guardian to those necessary to respond
27-18 to the substantial and immediate risk of physical harm or to a need
27-19 for immediate medical attention.
27-20 7. The court may not extend a temporary guardianship pursuant
27-21 to subsection 5 beyond the initial period of 10 days unless the
27-22 petitioner demonstrates that:
27-23 (a) The provisions of NRS 159.0475 have been satisfied; or
27-24 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently
27-25 being undertaken.
27-26 8. If notice is given by publication pursuant to N.R.C.P. 4(e),
27-27 the temporary guardian may request to extend the temporary
27-28 guardianship for not more than 30 days during the period for
27-29 publication, but may not be granted more than two extensions.
27-30 Sec. 66. NRS 159.0525 is hereby amended to read as follows:
27-31 159.0525 1. A petitioner may request the court to appoint a
27-32 temporary guardian for a ward who is unable to respond to a
27-33 substantial and immediate risk of financial loss. To support the
27-34 request, the petitioner must set forth in a petition and present to the
27-35 court under oath:
27-36 (a) Facts which show that the proposed ward:
27-37 (1) Faces a substantial and immediate risk of financial loss;
27-38 and
27-39 (2) Lacks capacity to respond to the risk of loss; and
27-40 (b) Facts which show that:
27-41 (1) The petitioner has tried in good faith to notify the persons
27-42 entitled to notice pursuant to NRS 159.047[;] by telephone or in
27-43 writing before the filing of the petition;
27-44 (2) The proposed ward would be exposed to an immediate
27-45 risk of financial loss if the petitioner were to provide notice to the
28-1 persons entitled to notice pursuant to NRS 159.047 before the court
28-2 determines whether to appoint a temporary guardian; or
28-3 (3) Giving notice to the persons entitled to notice pursuant to
28-4 NRS 159.047 is not feasible under the circumstances.
28-5 2. The court may appoint a temporary guardian to serve for 10
28-6 days if the court:
28-7 (a) Finds reasonable cause to believe that the proposed ward is
28-8 unable to respond to a substantial and immediate risk of financial
28-9 loss;
28-10 (b) Is satisfied that the petitioner has tried in good faith to notify
28-11 the persons entitled to notice pursuant to NRS 159.047 or that
28-12 giving notice to those persons is not feasible under the
28-13 circumstances, or determines that such notice is not required
28-14 pursuant to subparagraph (2) of paragraph (b) of subsection 1; and
28-15 (c) For a proposed ward who is an adult, finds that the petition
28-16 required pursuant to subsection 1 is accompanied by:
28-17 (1) A certificate signed by a physician who is licensed to
28-18 practice in this state which states that the proposed ward is unable to
28-19 respond to a substantial and immediate risk of financial loss; or
28-20 (2) The affidavit of the petitioner which explains the reasons
28-21 why the certificate described in subparagraph (1) is not immediately
28-22 obtainable.
28-23 3. Except as otherwise provided in subsection 4, after the
28-24 appointment of a temporary guardian, the petitioner shall attempt in
28-25 good faith to notify the persons entitled to notice pursuant to NRS
28-26 159.047[.] , including, without limitation, notice of any hearing to
28-27 extend the temporary guardianship. If the petitioner fails to make
28-28 such an effort, the court may terminate the temporary guardianship.
28-29 4. If, before the appointment of a temporary guardian, the court
28-30 determined that advance notice was not required pursuant to
28-31 subparagraph (2) of paragraph (b) of subsection 1, the petitioner
28-32 shall notify the persons entitled to notice pursuant to NRS 159.047
28-33 without undue delay, but not later than 48 hours after the
28-34 appointment of the temporary guardian or not later than 48 hours
28-35 after [he] the petitioner discovers the existence, identity and
28-36 location of the persons entitled to notice pursuant to that section. If
28-37 the petitioner fails to provide such notice, the court may terminate
28-38 the temporary guardianship.
28-39 5. [Within] Not later than 10 days after the date of the
28-40 appointment of a temporary guardian pursuant to subsection 2, the
28-41 court shall hold a hearing to determine the need to extend the
28-42 temporary guardianship. Except as otherwise provided in subsection
28-43 7, if the proposed ward is a minor and the court finds by clear and
28-44 convincing evidence that the proposed ward is unable to respond to
28-45 a substantial and immediate risk of financial loss, the court may
29-1 extend the temporary guardianship until a general or special
29-2 guardian is appointed, but not for more than 30 days. Except as
29-3 otherwise provided in subsection 7, if the proposed ward is an adult,
29-4 the court may extend the temporary guardianship until a general or
29-5 special guardian is appointed, but not for more than 30 days, if:
29-6 (a) The certificate required by subsection 2 has been filed and
29-7 the court finds by clear and convincing evidence that the proposed
29-8 ward is unable to respond to a substantial and immediate risk of
29-9 financial loss; or
29-10 (b) The certificate required by subsection 2 has not been filed
29-11 and the court finds by clear and convincing evidence that:
29-12 (1) The proposed ward is unable to respond to a substantial
29-13 and immediate risk of financial loss;
29-14 (2) Circumstances have prevented the petitioner or temporary
29-15 guardian from obtaining the certificate required pursuant to
29-16 subsection 2; and
29-17 (3) The extension of the temporary guardianship is necessary
29-18 and in the best interests of the proposed ward.
29-19 6. If the court appoints a temporary guardian or extends the
29-20 temporary guardianship pursuant to this section, the court shall limit
29-21 the powers of the temporary guardian to those necessary to respond
29-22 to the substantial and immediate risk of financial loss.
29-23 7. The court may not extend a temporary guardianship pursuant
29-24 to subsection 5 beyond the initial period of 10 days unless the
29-25 petitioner demonstrates that:
29-26 (a) The provisions of NRS 159.0475 have been satisfied; or
29-27 (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently
29-28 being undertaken.
29-29 8. If notice is given by publication pursuant to N.R.C.P. 4(e),
29-30 the temporary guardian may request to extend the temporary
29-31 guardianship for not more than 30 days during the period for
29-32 publication, but may not be granted more than two extensions.
29-33 Sec. 67. NRS 159.0535 is hereby amended to read as follows:
29-34 159.0535 1. [If the] A proposed ward who is found in [the
29-35 State, he] this state must attend the hearing [unless the court for
29-36 good cause excuses him from attending.] for the appointment of a
29-37 guardian unless:
29-38 (a) A certificate signed by a physician who is licensed to
29-39 practice in this state specifically states the condition of the
29-40 proposed ward and the reasons why the proposed ward is unable
29-41 to appear in court; or
29-42 (b) A certificate signed by any other person the court finds
29-43 qualified to execute a certificate stating the condition of the
29-44 proposed ward and the reasons why the proposed ward is unable
29-45 to appear in court.
30-1 2. If the proposed ward is not in [the State, he] this state, the
30-2 proposed ward must attend the hearing only if the court determines
30-3 that [his] the attendance of the proposed ward is necessary in the
30-4 interests of justice.
30-5 Sec. 68. NRS 159.054 is hereby amended to read as follows:
30-6 159.054 1. If the court finds the proposed ward competent
30-7 and not in need of a guardian, [it] the court shall dismiss the
30-8 petition.
30-9 2. If the court finds the proposed ward to be of limited capacity
30-10 and in need of a special guardian, [it] the court shall enter
30-11 [judgment] an order accordingly and specify the powers and duties
30-12 of the special guardian.
30-13 3. If the court finds that appointment of a general guardian is
30-14 required, [it] the court shall appoint [such] a general guardian of the
30-15 ward’s person, estate, or person and estate.
30-16 Sec. 69. NRS 159.055 is hereby amended to read as follows:
30-17 159.055 1. The petitioner has the burden of proving by clear
30-18 and convincing evidence that the appointment of a guardian of the
30-19 person, of the estate, or of the person and estate is necessary.
30-20 2. If it appears to the court that the allegations of the petition
30-21 are sufficient and that a guardian should be appointed for the
30-22 proposed ward, the court shall [make] enter an order appointing a
30-23 guardian. The order must:
30-24 (a) Specify whether the guardian appointed is guardian of the
30-25 person, of the estate, of the person and estate or a special guardian;
30-26 (b) Specify whether the ward is a resident or nonresident of this
30-27 state;
30-28 (c) Specify the amount of the bond to be executed and filed by
30-29 the guardian; and
30-30 (d) Designate the names and addresses , [of the heirs at law and
30-31 next of kin of the ward,] so far as may be determined, of:
30-32 (1) The relatives of the proposed ward upon whom notice
30-33 must be served[.
30-34 3. Any notice required by the provisions of this chapter to be
30-35 given the heirs at law and next of kin of the ward is sufficient if
30-36 mailed to the persons listed in the order of appointment or in any
30-37 amendment to that order which may be made by the court.]
30-38 pursuant to NRS 159.047; and
30-39 (2) Any other interested person.
30-40 3. A notice of entry of the court order must be sent to:
30-41 (a) The relatives of the proposed ward upon whom notice must
30-42 be served pursuant to NRS 159.047; and
30-43 (b) Any other interested person.
31-1 Sec. 70. NRS 159.057 is hereby amended to read as follows:
31-2 159.057 1. Where the appointment of a guardian is sought for
31-3 two or more proposed wards who are children of a common parent,
31-4 parent and child or husband and wife, it is not necessary that
31-5 separate petitions, bonds and other papers be filed with respect to
31-6 each proposed ward or wards.
31-7 2. If a guardian is appointed for such wards, the guardian
31-8 [shall] :
31-9 (a) Shall keep separate accounts of the estate of each ward[,
31-10 may] ;
31-11 (b) May make investments for each ward[, may] ;
31-12 (c) May compromise and settle claims against one or more
31-13 wards[, and may] ; and
31-14 (d) May sell, lease, mortgage or otherwise manage the property
31-15 of one or more wards.
31-16 3. The guardianship may be terminated with respect to less
31-17 than all the wards in the same manner as provided by law with
31-18 respect to a guardianship of a single ward.
31-19 Sec. 71. NRS 159.059 is hereby amended to read as follows:
31-20 159.059 Any qualified person or entity that the court finds
31-21 suitable may serve as a guardian. A person is not qualified to serve
31-22 as a guardian who:
31-23 1. Is an incompetent.
31-24 2. Is a minor.
31-25 3. Has been convicted of a felony[.] , unless the court finds
31-26 that it is in the best interests of the ward to appoint the convicted
31-27 felon as the guardian of the ward.
31-28 4. Has been suspended for misconduct or disbarred from [the] :
31-29 (a) The practice of law ;
31-30 (b) The practice of accounting; or
31-31 (c) Any other profession which:
31-32 (1) Involves or may involve the management or sale of
31-33 money, investments, securities or real property; and
31-34 (2) Requires licensure in this state or any other
31-35 state,
31-36 during the period of the suspension or disbarment.
31-37 5. Is a nonresident of this state and [has not:
31-38 (a) Associated] :
31-39 (a) Is not a foreign guardian of a nonresident proposed ward
31-40 pursuant to subsection 2 of NRS 159.049;
31-41 (b) Has not associated as a coguardian, a resident of this state or
31-42 a banking corporation whose principal place of business is in this
31-43 state; and
31-44 [(b) Caused]
32-1 (c) Has not caused the appointment of the guardian to be filed
32-2 in the guardianship proceeding.
32-3 6. Has been judicially determined, by clear and convincing
32-4 evidence, to have committed abuse, neglect or exploitation of a
32-5 child, spouse, parent or other adult.
32-6 Sec. 72. NRS 159.061 is hereby amended to read as follows:
32-7 159.061 1. The parents of a minor, or either parent, if
32-8 qualified and suitable, are preferred over all others for appointment
32-9 as guardian for the minor. The appointment of a parent as a
32-10 guardian of the person must not conflict with a valid order for
32-11 custody of the minor. In determining whether the parents of a
32-12 minor, or either parent, is qualified and suitable, the court shall
32-13 consider, without limitation:
32-14 (a) Which parent has physical custody of the minor;
32-15 (b) The ability of the parents or parent to provide for the basic
32-16 needs of the child, including, without limitation, food, shelter,
32-17 clothing and medical care;
32-18 (c) Whether the parents or parent has engaged in the habitual use
32-19 of alcohol or any controlled substance during the previous 6 months,
32-20 except the use of marijuana in accordance with the provisions of
32-21 chapter 453A of NRS; and
32-22 (d) Whether the parents or parent has been convicted of a crime
32-23 of moral turpitude, a crime involving domestic violence or a crime
32-24 involving the exploitation of a child.
32-25 2. Subject to the preference set forth in subsection 1, the court
32-26 shall appoint as guardian for an incompetent, a person of limited
32-27 capacity or minor the qualified person who is most suitable and is
32-28 willing to serve.
32-29 3. In determining who is most suitable, the court shall give
32-30 consideration, among other factors, to:
32-31 (a) Any request for the appointment as guardian for an
32-32 incompetent contained in a written instrument executed by the
32-33 incompetent while competent.
32-34 (b) Any nomination of a guardian for an incompetent, minor or
32-35 person of limited capacity contained in a will or other written
32-36 instrument executed by a parent or spouse of the proposed ward.
32-37 (c) Any request for the appointment as guardian for a minor 14
32-38 years of age or older made by the minor.
32-39 (d) The relationship by blood , adoption or marriage of the
32-40 proposed guardian to the proposed ward. In considering
32-41 preferences of appointment, the court shall consider relatives of
32-42 the half blood equally with those of the whole blood. The court
32-43 shall consider relatives in the following order of preference:
32-44 (1) Spouse.
32-45 (2) Adult child.
33-1 (3) Parent.
33-2 (4) Adult sibling.
33-3 (5) Grandparent or adult grandchild.
33-4 (6) Uncle, aunt, adult niece or adult nephew.
33-5 (e) Any recommendation made by a master of the court or
33-6 special master pursuant to NRS 159.0615.
33-7 4. If the court finds that there is no suitable person to appoint
33-8 as guardian who is related by blood, adoption or marriage or who
33-9 is nominated in a written instrument, the court shall appoint as
33-10 guardian:
33-11 (a) The public guardian of the county where the ward resides,
33-12 if:
33-13 (1) There is a public guardian in the county where the ward
33-14 resides; and
33-15 (2) The proposed ward qualifies for a public guardian
33-16 pursuant to chapter 253 of NRS.
33-17 (b) A private fiduciary who may obtain a bond in this state and
33-18 who is located in the county where the ward resides, if:
33-19 (1) There is not a public guardian in the county where the
33-20 ward resides;
33-21 (2) The proposed ward does not qualify for a public
33-22 guardian; or
33-23 (3) The court finds that the interests of the ward will not be
33-24 served appropriately by the appointment of a public guardian.
33-25 Sec. 73. NRS 159.0615 is hereby amended to read as follows:
33-26 159.0615 1. If the court determines that a person [is] may be
33-27 in need of a guardian , [pursuant to NRS 159.054,] the court may
33-28 order the appointment of a master of the court or a special master
33-29 from among the members of the State Bar of Nevada to conduct a
33-30 hearing to identify the person most qualified and suitable to serve as
33-31 guardian for the proposed ward.
33-32 2. Not later than 5 calendar days after the date of the hearing,
33-33 the master of the court or special master shall prepare and submit to
33-34 the court [his] a recommendation regarding which person is most
33-35 qualified and suitable to serve as guardian for the proposed ward.
33-36 Sec. 74. NRS 159.0617 is hereby amended to read as follows:
33-37 159.0617 If the court or a master of the court or [a] special
33-38 master appointed pursuant to NRS 159.0615 finds that [a person,
33-39 including, but not limited to,] a parent or other relative, teacher,
33-40 friend or neighbor of a proposed ward[:] or any other interested
33-41 person:
33-42 1. Has a personal interest in the well-being of the proposed
33-43 ward; or
33-44 2. Possesses information that is relevant to the determination of
33-45 who should serve as guardian for the proposed ward,
34-1 the court or a master of the court or [a] special master appointed
34-2 pursuant to NRS 159.0615 may allow the person to testify at any
34-3 hearing held pursuant to this chapter to determine the person most
34-4 qualified and suitable to serve as guardian for the proposed ward.
34-5 Sec. 75. NRS 159.065 is hereby amended to read as follows:
34-6 159.065 1. Except as otherwise provided by law, every
34-7 guardian shall, before entering upon his duties as guardian, execute
34-8 and file in the guardianship proceeding a bond, with sufficient
34-9 surety or sureties, in such amount as the court determines necessary
34-10 for the protection of the ward and the estate of the ward, and
34-11 conditioned upon the faithful discharge by the guardian of his
34-12 authority and duties according to law. The bond [shall] must be
34-13 approved by the clerk. Sureties [shall] must be jointly and severally
34-14 liable with the guardian and with each other.
34-15 2. If a banking corporation, as defined in NRS 657.016, doing
34-16 business in this state, is appointed guardian of the estate of a ward,
34-17 no bond [shall be] is required of [such] the guardian, unless
34-18 specifically required by the court.
34-19 3. Joint guardians may unite in a bond to the ward or wards, or
34-20 each may give a separate bond.
34-21 4. If there are no assets of the ward, no bond [shall be] is
34-22 required of the guardian.
34-23 5. If a person is appointed in a will to be guardian and the will
34-24 provides that no bond is to be required of [such] the guardian, the
34-25 court may direct letters of guardianship to issue to the [person on his
34-26 taking and subscribing] guardian after the guardian:
34-27 (a) Takes and subscribes the oath of office ; and [filing his]
34-28 (b) Files the appropriate documents which contain the full
34-29 legal name and address [in the proceeding.] of the guardian.
34-30 6. In lieu of executing and filing a bond, the guardian may
34-31 request that access to certain assets be blocked. The court may
34-32 grant the request and order letters of guardianship to issue to the
34-33 guardian if sufficient evidence is filed with the court to establish
34-34 that such assets are being held in a manner that prevents the
34-35 guardian from accessing the assets without a specific court order.
34-36 Sec. 76. NRS 159.073 is hereby amended to read as follows:
34-37 159.073 Every guardian shall, before entering upon his duties
34-38 as guardian and before letters of guardianship may issue[, take] :
34-39 1. Take and subscribe the official oath [and file in the
34-40 proceeding his name, residence and post office address. The oath, to
34-41 be] which must:
34-42 (a) Be endorsed on the letters of guardianship [must state that
34-43 he] ; and
34-44 (b) State that the guardian will well and faithfully perform the
34-45 duties of guardian according to law.
35-1 2. File in the proceeding the appropriate documents which
35-2 include, without limitation, the full legal name of the guardian
35-3 and his residence and post office addresses.
35-4 Sec. 77. NRS 159.074 is hereby amended to read as follows:
35-5 159.074 [Before letters of guardianship may issue, a]
35-6 1. A copy of the order appointing the guardian must be served
35-7 personally or by mail upon the ward[.] not later than 5 days after
35-8 the date of the appointment of the guardian.
35-9 2. The order must contain the names, addresses and telephone
35-10 numbers of the guardian, the ward’s attorney, if any, and the
35-11 investigator.
35-12 3. A notice of entry of the order must be filed with the court.
35-13 Sec. 78. NRS 159.075 is hereby amended to read as follows:
35-14 159.075 When a guardian has taken the official oath and filed a
35-15 bond as provided [herein,] in this chapter, the court shall [cause to
35-16 be issued] order letters of guardianship to issue to the guardian.
35-17 Letters of guardianship may be in the following form:
35-18 State of Nevada }
35-19 }ss.
35-20 County of}
35-21 [To All To Whom These Presents Come, Greeting:
35-22 Know Ye, that on] On .......... (month) .......... (day) ..........(year)
35-23 the ................ Judicial District Court, ................ County, State of
35-24 Nevada, appointed......................... (name of guardian)
35-25 ...........................(guardian of the person or estate or person and
35-26 estate or special guardian) for ........................, (name of ward) a(n)
35-27 ........................., (minor or adult) that the named guardian has
35-28 qualified and has the authority and shall perform the duties of
35-29 .............................................................................. (guardian of the
35-30 person or estate or person and estate or special guardian) for the
35-31 named ward as provided by law.
35-32 In Testimony Whereof, I have hereunto subscribed my name and
35-33 affixed the seal of the court at my office on .......... (month) ..........
35-34 (day) .......... (year).
35-35 .........................................
35-36 Clerk
35-37 (SEAL)
35-38 .........................................
35-39 Deputy Clerk
36-1 Sec. 79. NRS 159.079 is hereby amended to read as follows:
36-2 159.079 1. Except as otherwise ordered by the court, a
36-3 guardian of the person has the care, custody and control of the
36-4 person of the ward, and has the authority and, subject to subsection
36-5 2, shall perform the duties necessary for the proper care,
36-6 maintenance, education and support of the ward, including the
36-7 following:
36-8 (a) Supplying the ward with food, clothing, shelter and all
36-9 incidental necessaries.
36-10 (b) Authorizing medical, surgical, dental, psychiatric,
36-11 psychological, hygienic or other remedial care and treatment for the
36-12 ward.
36-13 (c) Seeing that the ward is properly trained and educated and
36-14 that [he] the ward has the opportunity to learn a trade, occupation or
36-15 profession.
36-16 2. In the performance of the duties enumerated in subsection 1
36-17 by a guardian of the person, due regard must be given to the extent
36-18 of the estate of the ward. A guardian of the person is not required to
36-19 incur expenses on behalf of the ward except to the extent that the
36-20 estate of the ward is sufficient to reimburse the guardian.
36-21 3. This section does not relieve a parent or other person of any
36-22 duty required by law to provide for the care, support and
36-23 maintenance of any dependent.
36-24 Sec. 80. NRS 159.0795 is hereby amended to read as follows:
36-25 159.0795 1. A special guardian shall exercise [his]
36-26 supervisory authority over the ward in a manner which is least
36-27 restrictive of the ward’s personal freedom and which is consistent
36-28 with the ward’s need for supervision and protection.
36-29 2. A special guardian has the powers set forth in the order
36-30 appointing the special guardian and any other powers given to
36-31 him in an emergency which are necessary and consistent to
36-32 resolve the emergency or protect the ward from imminent harm.
36-33 Sec. 81. NRS 159.0801 is hereby amended to read as follows:
36-34 159.0801 1. Except when responding to an emergency, a
36-35 special guardian of a person of limited capacity shall apply to the
36-36 court for instruction or approval before commencing any act
36-37 relating to the person of limited capacity.
36-38 2. The court may grant a special guardian of a person of limited
36-39 capacity the power to manage and dispose of [his ward’s] the estate
36-40 of the ward pursuant to NRS 159.117 to 159.175, inclusive, and
36-41 perform any other act relating to the ward upon specific instructions
36-42 or approval of the court.
37-1 Sec. 82. NRS 159.0805 is hereby amended to read as follows:
37-2 159.0805 [A]
37-3 1. Except as otherwise provided in subsection 2, a guardian
37-4 shall not consent to :
37-5 (a) The experimental , medical, biomedical or behavioral
37-6 treatment[, or] of a ward;
37-7 (b) The sterilization of a ward[, or to the ward’s] ;
37-8 (c) The participation of a ward in any biomedical or behavioral
37-9 experiment[, unless he is specifically empowered to do so by the
37-10 court.] ; or
37-11 (d) The commitment of a ward to a mental health facility.
37-12 2. The guardian may consent to and commence any
37-13 treatment, experiment or commitment described in subsection 1 if
37-14 the guardian applies to and obtains from the court authority to
37-15 consent to and commence the treatment, experiment or
37-16 commitment.
37-17 3. The court may authorize [experimental treatment or
37-18 participation] the guardian to consent to and commence any
37-19 treatment, experiment or commitment described in subsection 1
37-20 only if[:
37-21 1. It is] the treatment, experiment or commitment:
37-22 (a) Is of direct benefit to, and intended to preserve the life of or
37-23 prevent serious impairment to the mental or physical health of, the
37-24 ward; or
37-25 [2. It is]
37-26 (b) Is intended to assist the ward to develop or regain [his] the
37-27 ward’s abilities.
37-28 Sec. 83. NRS 159.081 is hereby amended to read as follows:
37-29 159.081 1. A guardian of the person shall make and file in
37-30 the guardianship proceeding for review of the court a written report
37-31 on the condition of the ward and the exercise of authority and
37-32 performance of duties by the guardian:
37-33 (a) Annually [within] , not later than 60 days after the
37-34 anniversary date of [his appointment;] the appointment of the
37-35 guardian; and
37-36 (b) At such other times as the court may order.
37-37 2. The guardian of the person shall give to the guardian of the
37-38 estate, if any, a copy of each report [within] not later than 30 days
37-39 after [such report has been] the date the report is filed with the
37-40 court.
37-41 3. The court is not required to hold a hearing or enter an
37-42 order regarding the report.
37-43 Sec. 84. NRS 159.085 is hereby amended to read as follows:
37-44 159.085 1. [Within] Not later than 60 days after the date of
37-45 [his appointment,] the appointment of a general or special
38-1 guardian of the estate or, if necessary, such further time as the court
38-2 may allow, [a guardian of the estate] the guardian shall make and
38-3 file in the guardianship proceeding a verified inventory of all of the
38-4 property of the ward which comes to [his] the possession or
38-5 knowledge[.] of the guardian.
38-6 2. A temporary guardian of the estate who is not appointed as
38-7 the general or special guardian shall file an inventory with the
38-8 court by not later than the date on which the temporary guardian
38-9 files a final accounting as required pursuant to NRS 159.177.
38-10 3. The guardian shall take and subscribe an oath, which must
38-11 be endorsed or attached to the inventory, before any person
38-12 authorized to administer oaths, that the inventory contains a true
38-13 statement of:
38-14 (a) All of the estate of the ward which has come into the
38-15 possession of the guardian;
38-16 (b) All of the money that belongs to the ward; and
38-17 (c) All of the just claims of the ward against the guardian.
38-18 4. Whenever any property of the ward not mentioned in the
38-19 inventory comes to the possession or knowledge of a guardian of the
38-20 estate, [he shall make] the guardian shall:
38-21 (a) Make and file in the proceeding a verified supplemental
38-22 inventory [within] not later than 30 days after the date the property
38-23 comes to [his] the possession or knowledge of the guardian; or
38-24 [include]
38-25 (b) Include the property in [his] the next accounting.
38-26 5. The court may order which of the two methods described in
38-27 subsection 4 the guardian shall follow.
38-28 [3.] 6. The court may order all or any part of the property of the
38-29 ward appraised as provided in [NRS 144.020, 144.025, 144.030,
38-30 144.070 and 144.090.] sections 6 and 7 of this act.
38-31 7. If the guardian neglects or refuses to file the inventory
38-32 within the time required pursuant to subsection 1, the court may,
38-33 for good cause shown and upon such notice as the court deems
38-34 appropriate:
38-35 (a) Revoke the letters of guardianship and the guardian shall
38-36 be liable on the bond for any loss or injury to the estate caused by
38-37 the neglect of the guardian; or
38-38 (b) Enter a judgment for any loss or injury to the estate caused
38-39 by the neglect of the guardian.
38-40 Sec. 85. NRS 159.087 is hereby amended to read as follows:
38-41 159.087 [Within] Not later than 60 days after the date of [his
38-42 appointment,] the appointment of a guardian of the estate , the
38-43 guardian shall cause to be recorded, in the official records of each
38-44 county in which real property of the ward is [situated] located other
38-45 than the county in which the guardian is appointed, a copy, certified
39-1 by the clerk of the court, of the [order of appointment.] letters of
39-2 guardianship.
39-3 Sec. 86. NRS 159.089 is hereby amended to read as follows:
39-4 159.089 1. A guardian of the estate shall take possession of
39-5 [all] :
39-6 (a) All of the property of substantial value of the ward[, of
39-7 rents,] ;
39-8 (b) Rents, income, issues and profits from [such] the property,
39-9 whether accruing before or after the appointment of the guardian[,
39-10 and of the] ; and
39-11 (c) The proceeds from the sale, mortgage, lease or other
39-12 disposition of [such] the property.
39-13 2. The guardian may permit the ward to have possession and
39-14 control of [such] the personal property and funds as are appropriate
39-15 to the needs and capacities of the ward.
39-16 3. The title to all property of the ward is in the ward and not in
39-17 the guardian.
39-18 4. A guardian shall secure originals, when available, or
39-19 copies of any:
39-20 (a) Contract executed by the ward;
39-21 (b) Power of attorney executed by the ward;
39-22 (c) Estate planning document prepared by the ward, including,
39-23 without limitation, a last will and testament, durable power of
39-24 attorney and revocable trust of the ward;
39-25 (d) Revocable or irrevocable trust in which the ward has a
39-26 vested interest as a beneficiary; and
39-27 (e) Writing evidencing a present or future vested interest in
39-28 any real or intangible property.
39-29 Sec. 87. NRS 159.091 is hereby amended to read as follows:
39-30 159.091 Upon the filing of a petition in the guardianship
39-31 proceeding by the guardian, the ward or any other interested person,
39-32 alleging that any person is indebted to the ward, has or is suspected
39-33 of having concealed, embezzled, converted or disposed of any
39-34 property of the ward or has possession or knowledge of any such
39-35 property or of any writing relating to such property, the court may
39-36 require [such] the person to appear and answer under oath
39-37 concerning the matter . [, and proceed as provided in NRS 143.110
39-38 and 143.120.]
39-39 Sec. 88. NRS 159.093 is hereby amended to read as follows:
39-40 159.093 1. A guardian of the estate [shall demand,] :
39-41 (a) Shall demand all debts and other choses in action due to
39-42 the ward; and
39-43 (b) With prior approval of the court, may sue for and receive all
39-44 debts and other choses in action due to the ward.
40-1 2. A guardian of the estate, with prior approval of the court by
40-2 order, may compound or compromise any [such] debt or other chose
40-3 in action due the ward and give a release and discharge to the debtor
40-4 or other obligor.
40-5 Sec. 89. NRS 159.095 is hereby amended to read as follows:
40-6 159.095 1. A guardian of the estate shall appear for and
40-7 represent the ward in all actions, suits or proceedings to which the
40-8 ward is a party, unless a guardian ad litem is appointed in the action,
40-9 suit or proceeding. If a guardian ad litem is appointed in the
40-10 action, suit or proceeding, the guardian of the estate shall notify
40-11 the court that the guardian ad litem has been appointed in the
40-12 action, suit or proceeding.
40-13 2. Upon final resolution of the action, suit or proceeding, the
40-14 guardian of the estate shall notify the court of the outcome of the
40-15 action, suit or proceeding.
40-16 3. If the person of the ward would be affected by the outcome
40-17 of any action, suit or proceeding, the guardian of the person, if any,
40-18 should be joined to represent the ward in [such] the action, suit or
40-19 proceeding.
40-20 Sec. 90. NRS 159.105 is hereby amended to read as follows:
40-21 159.105 [A]
40-22 1. Other than claims for attorney’s fees that are subject to the
40-23 provisions of subsection 3, a guardian of the estate may pay from
40-24 the guardianship estate [his own] the following claims without
40-25 complying with the provisions of this section and NRS 159.107
40-26 and 159.109:
40-27 (a) The guardian’s claims against the ward or the estate ; and
40-28 (b) Any claims accruing after the appointment of the guardian
40-29 [arising] which arise from contracts entered into by the guardian on
40-30 behalf of the ward . [, without complying with NRS 159.105 to
40-31 159.109, inclusive, but such]
40-32 2. The guardian shall report all claims and the payment
40-33 [thereof shall be reported by the guardian in his account made and
40-34 filed] of claims made pursuant to subsection 1 in the account that
40-35 the guardian makes and files in the guardianship proceeding
40-36 following each [such] payment.
40-37 3. Claims for attorney’s fees which are associated with the
40-38 commencement and administration of the guardianship of the
40-39 estate:
40-40 (a) May be made at the time of the appointment of the
40-41 guardian of the estate or any time thereafter; and
40-42 (b) May not be paid from the guardianship estate unless the
40-43 payment is made in compliance with the provisions of this section
40-44 and NRS 159.107 and 159.109.
41-1 Sec. 91. NRS 159.109 is hereby amended to read as follows:
41-2 159.109 1. A guardian of the estate shall examine each claim
41-3 presented to him[.] for payment. If the guardian is satisfied that the
41-4 claim is appropriate and just, [he] the guardian shall:
41-5 (a) Endorse upon [it] the claim the words “examined and
41-6 allowed” and the date;
41-7 (b) Officially subscribe [such] the notation; and
41-8 (c) Pay the claim from the guardianship estate.
41-9 2. If the guardian is not satisfied that the claim is just, [he] the
41-10 guardian shall:
41-11 (a) Endorse upon [it] the claim the words “examined and
41-12 rejected” and the date;
41-13 (b) Officially subscribe [such] the notation; and
41-14 (c) [Within] Not later than 60 days after the date the claim was
41-15 presented to the guardian, notify the claimant by personal service or
41-16 by mailing a notice by registered or certified mail that the claim was
41-17 rejected.
41-18 Sec. 92. NRS 159.111 is hereby amended to read as follows:
41-19 159.111 1. If, [within] not later than 60 days after the date
41-20 the claim was presented to the guardian, a rejected claim is returned
41-21 to the claimant or the guardian of the estate fails to approve or reject
41-22 and return a claim, the claimant, before the claim is barred by the
41-23 statute of limitations, may:
41-24 (a) File a petition for approval of the [claim or a like] rejected
41-25 claim in the guardianship proceeding for summary determination by
41-26 the court; or
41-27 (b) Commence an action or suit on the claim[. Such action or
41-28 suit shall be brought] against the guardian in [his] the guardian’s
41-29 fiduciary capacity and any judgment or decree obtained [shall] must
41-30 be satisfied only from property of the ward.
41-31 2. If a claimant files a request for approval of a rejected claim
41-32 or a like claim in the guardianship proceeding for summary
41-33 determination, the claimant shall serve notice [of such filing] that he
41-34 has filed such a request on the guardian. [Within]
41-35 3. Not later than 20 days after [such] the date of service , the
41-36 guardian may serve notice of objection to summary determination
41-37 on the claimant . [and file a copy of such notice in the guardianship
41-38 proceeding.] If the guardian serves [such] the claimant with notice
41-39 and files [such copy,] a copy of the notice with the court, the court
41-40 shall not enter a summary determination [shall not be had.] and the
41-41 claimant may commence an action or suit on the claim against the
41-42 guardian in the guardian’s fiduciary capacity as provided in
41-43 subsection 1.
41-44 4. If the guardian fails to serve [such notice and file such copy]
41-45 the claimant with notice of objection to summary determination or
42-1 file a copy of the notice with the court, the court[, after notice to
42-2 the claimant and guardian, shall hear] shall:
42-3 (a) Hear the matter[,] and determine the claim or like claim in
42-4 a summary manner ; and [make an]
42-5 (b) Enter an order allowing or rejecting the claim, either in
42-6 whole or in part. No appeal may be taken from [such order.
42-7 3. If the guardian rejects summary determination
of the claim,
42-8 the claimant may then commence an action or suit on the claim as
42-9 provided in subsection 1.] the order.
42-10 Sec. 93. NRS 159.113 is hereby amended to read as follows:
42-11 159.113 1. At any time after [his appointment,] the
42-12 appointment of the guardian of the estate , the guardian may
42-13 petition the court for an order authorizing the guardian to:
42-14 (a) Invest the property of the ward.
42-15 (b) Continue the business of the ward.
42-16 (c) Borrow money for the ward.
42-17 (d) Enter into contracts for the ward or complete the
42-18 performance of contracts of the ward.
42-19 (e) Make gifts from the ward’s estate or make expenditures for
42-20 the ward’s relatives.
42-21 (f) Sell, lease, place into any type of trust or surrender any
42-22 property of the ward.
42-23 (g) Exchange or partition the ward’s property.
42-24 (h) Obtain advice, instructions and approval of any other
42-25 proposed act of the guardian relating to the ward’s property.
42-26 (i) Release the power of the ward as trustee, personal
42-27 representative, custodian for a minor or guardian.
42-28 (j) Exercise or release the power of the ward as a donee of a
42-29 power of appointment.
42-30 (k) Change the state of residence or domicile of the ward.
42-31 (l) Make or change the last will and testament of the ward.
42-32 (m) Make or change the designation of a beneficiary in a will,
42-33 trust, insurance policy, bank account or any other type of asset of
42-34 the ward which includes the designation of a beneficiary.
42-35 (n) Exercise the right of the ward to take under or against a
42-36 will.
42-37 (o) Create for the benefit of the ward or others a revocable or
42-38 irrevocable trust of the property of the estate.
42-39 (p) Transfer to a trust created by the ward any property
42-40 unintentionally omitted from the trust.
42-41 (q) Submit a trust to the jurisdiction of the court if the ward is
42-42 the grantor and sole beneficiary of the income of the trust.
42-43 (r) Except as otherwise provided in this paragraph, exercise
42-44 the right of the ward to revoke or modify a revocable trust or to
42-45 surrender the right to revoke or modify a revocable trust. The
43-1 court shall not authorize or require the guardian to exercise the
43-2 right to revoke or modify a revocable trust if the instrument
43-3 governing the trust:
43-4 (1) Evidences an intent of the ward to reserve the right of
43-5 revocation or modification exclusively to the ward;
43-6 (2) Provides expressly that a guardian may not revoke or
43-7 modify the trust; or
43-8 (3) Otherwise evidences an intent that would be
43-9 inconsistent with authorizing or requiring the guardian to exercise
43-10 the right to revoke or modify the trust.
43-11 (s) Take any other action which the guardian deems would be
43-12 in the best interests of the ward.
43-13 2. The petition must be signed by the guardian and contain:
43-14 (a) The name, age, residence and address of the ward.
43-15 (b) A concise statement as to the condition of the ward’s estate.
43-16 (c) A concise statement as to the advantage to the ward of or the
43-17 necessity for the proposed action.
43-18 (d) The terms and conditions of any proposed sale, lease,
43-19 partition, trust, exchange or investment, and a specific description of
43-20 any property involved.
43-21 3. Any of the matters set forth in subsection 1 may be
43-22 consolidated in one petition, and the court may enter one order
43-23 authorizing or directing the guardian to do one or more of those acts.
43-24 4. A petition filed pursuant to paragraphs (b) and (d) of
43-25 subsection 1 may be consolidated in and filed with the petition for
43-26 the appointment of the guardian, and if the guardian is appointed the
43-27 court may enter additional orders authorizing the guardian to
43-28 continue the business of the ward, enter contracts for the ward, or to
43-29 complete contracts of the ward.
43-30 Sec. 94. NRS 159.115 is hereby amended to read as follows:
43-31 159.115 1. Upon the filing of any petition under NRS
43-32 159.113, or any account, notice must be given [in accordance with
43-33 NRS 155.010 to 155.090, inclusive.] :
43-34 (a) At least 10 days before the date set for the hearing, by
43-35 mailing a copy of the notice by regular mail to the residence,
43-36 office or post office address of each person required to be notified
43-37 pursuant to subsection 3;
43-38 (b) At least 10 days before the date set for the hearing, by
43-39 personal service;
43-40 (c) If the address or identity of the person is not known and
43-41 cannot be ascertained with reasonable diligence, by publishing a
43-42 copy of the notice in a newspaper of general circulation in the
43-43 county where the hearing is to be held, the last publication of
43-44 which must be published at least 10 days before the date set for the
43-45 hearing; or
44-1 (d) In any other manner ordered by the court, for good cause
44-2 shown.
44-3 2. The notice must:
44-4 (a) Give the name of the ward.
44-5 (b) Give the name of the petitioner.
44-6 (c) Give the date, time and place of the hearing.
44-7 (d) State the nature of the petition.
44-8 (e) Refer to the petition for further particulars, and notify all
44-9 persons interested to appear at the time and place mentioned in the
44-10 notice and show cause why the court order should not be made.
44-11 [2.] 3. At least 10 days before the [day of] date set for the
44-12 hearing, the petitioner shall cause a copy of the notice to be mailed
44-13 to the following:
44-14 (a) Any minor ward [over the age of] who is 14 years[.] of age
44-15 or older or the parent or legal guardian of any minor ward who is
44-16 less than 14 years of age.
44-17 (b) The heirs [at law and next of kin,] of the ward who are
44-18 related within the second degree of consanguinity or affinity so far
44-19 as known to the petitioner . [, of the ward.]
44-20 (c) The guardian of the person of the ward, if [he] the guardian
44-21 is not the petitioner.
44-22 (d) Any person or [institution] care provider having the care,
44-23 custody or control of the ward.
44-24 (e) Any office of the Department of Veterans Affairs in this state
44-25 if the ward is receiving any payments or benefits through the
44-26 Department of Veterans Affairs.
44-27 (f) Any other interested person or his attorney who has filed a
44-28 request for notice in the guardianship proceeding and served a copy
44-29 of the request upon the guardian. The request for notice must state
44-30 the interest of the person filing the request, and his name and
44-31 address, or that of his attorney. If the notice so requests, copies of all
44-32 petitions and accounts must be mailed to [that] the interested person
44-33 or his attorney.
44-34 4. An interested person who is entitled to notice pursuant to
44-35 subsection 3 may, in writing, waive notice of the hearing of a
44-36 petition.
44-37 5. Proof of giving notice must be:
44-38 (a) Made on or before the date set for the hearing; and
44-39 (b) Filed in the guardianship proceeding.
44-40 Sec. 95. NRS 159.117 is hereby amended to read as follows:
44-41 159.117 1. Upon approval of the court by order, a guardian
44-42 of the estate may:
44-43 (a) Invest the property of the ward, make loans and accept
44-44 security therefor, in the manner and to the extent authorized by the
44-45 court.
45-1 (b) Exercise options of the ward to purchase or exchange
45-2 securities or other property.
45-3 2. A guardian of the estate may, without securing the prior
45-4 approval of the court, invest the property of the ward in the
45-5 following:
45-6 (a) Savings accounts in any bank, credit union or savings and
45-7 loan association in this state, to the extent that [such] the deposits
45-8 are insured by the Federal Deposit Insurance Corporation, the
45-9 National Credit Union Share Insurance Fund or a private insurer
45-10 approved pursuant to NRS 678.755.
45-11 (b) Interest-bearing obligations of or fully guaranteed by the
45-12 United States.
45-13 (c) Interest-bearing obligations of the United States Postal
45-14 Service.
45-15 (d) Interest-bearing obligations of the Federal National
45-16 Mortgage Association.
45-17 (e) Interest-bearing general obligations of this state.
45-18 (f) Interest-bearing general obligations of any county, city or
45-19 school district of this state.
45-20 (g) Money market mutual funds which are invested only in those
45-21 instruments listed in paragraphs (a) to (f), inclusive.
45-22 3. A guardian of the estate for two or more wards may invest
45-23 the property of two or more of the wards in property in which each
45-24 ward whose property is so invested has an undivided interest. The
45-25 guardian shall keep a separate record showing the interest of each
45-26 ward in the investment and in the income, profits or proceeds
45-27 therefrom.
45-28 4. A guardian of the estate may maintain the assets of the
45-29 ward in the manner in which the ward had invested the assets
45-30 before his incapacity:
45-31 (a) Upon approval of the court, for a period authorized by the
45-32 court; or
45-33 (b) Without prior approval of the court, until a verified
45-34 account is filed and approved by the court in the guardianship
45-35 proceeding pursuant to NRS 159.177.
45-36 Sec. 96. NRS 159.119 is hereby amended to read as follows:
45-37 159.119 A guardian of the estate, with prior approval of the
45-38 court by order, may continue any business of the ward. The order
45-39 may provide for any one or more of the following:
45-40 1. The conduct or reorganization of the business solely by the
45-41 guardian, jointly by the guardian with one or more of the ward’s
45-42 partners , shareholders, members, or joint venturers or as a
45-43 corporation or limited-liability company of which the ward is or
45-44 becomes a shareholder[.] or member.
46-1 2. The extent to which the guardian may incur liability of the
46-2 estate of the ward for obligations arising from the continuation of
46-3 the business.
46-4 3. Whether liabilities incurred in the conduct of the business
46-5 are to be chargeable solely to the part of the estate of the ward
46-6 allocated for use in the business or to the estate as a whole.
46-7 4. The period of time during which the business may be
46-8 conducted.
46-9 5. [Such] Any other conditions, restrictions, regulations and
46-10 requirements as the court considers proper.
46-11 Sec. 97. NRS 159.125 is hereby amended to read as follows:
46-12 159.125 1. A guardian of the estate, with prior approval of
46-13 the court by order, may, from the estate of the ward which is not
46-14 necessary for the proper care, maintenance, education and support of
46-15 the ward and of persons to whom the ward owes a legal duty of
46-16 support:
46-17 [1.] (a) Make reasonable gifts directly, or into a trust, on behalf
46-18 of the ward.
46-19 [2.] (b) Provide for or contribute to the care, maintenance,
46-20 education or support of persons who are or have been related to the
46-21 ward by blood , adoption or marriage.
46-22 [3.] (c) Pay or contribute to the payment of reasonable expenses
46-23 of remedial care and treatment for and the funeral and burial of
46-24 persons who are or have been related to the ward by blood ,
46-25 adoption or marriage.
46-26 2. Any petition filed by a guardian pursuant to this section
46-27 must state whether:
46-28 (a) The purpose of the guardian in seeking approval to make
46-29 the gift, payment or contribution is to dispose of assets to make the
46-30 ward eligible for Medicaid; and
46-31 (b) Making the gift, payment or contribution will cause the
46-32 ward to become eligible for Medicaid.
46-33 Sec. 98. NRS 159.132 is hereby amended to read as follows:
46-34 159.132 1. Any interest of a ward in real or personal
46-35 property, including interests in contracts and choses in action, may
46-36 be sold pursuant to this chapter.
46-37 2. The interest of a ward in a partnership or limited-liability
46-38 company may be sold as personal property, and another partner or
46-39 member may be the purchaser.
46-40 Sec. 99. NRS 159.134 is hereby amended to read as follows:
46-41 159.134 1. All sales of real [or personal] property of a ward
46-42 must be [made in the same manner as the property of the estate of a
46-43 decedent is sold under NRS 148.060 and 148.080 to 148.400,
46-44 inclusive.] :
46-45 (a) Reported to the court; and
47-1 (b) Confirmed by the court before the title to the real property
47-2 passes to the purchaser.
47-3 2. The report and a petition for confirmation of the sale must
47-4 be filed with the court not later than 30 days after the date of each
47-5 sale.
47-6 3. The court shall set the date of the hearing and give notice
47-7 of the hearing in the manner required pursuant to NRS 159.115 or
47-8 as the court may order.
47-9 4. An interested person may file written objections to the
47-10 confirmation of the sale. If such objections are filed, the court
47-11 shall conduct a hearing regarding those objections during which
47-12 the interested person may offer witnesses in support of the
47-13 objections.
47-14 5. Before the court confirms a sale, the court must find that
47-15 notice of the sale was given in the manner required pursuant to
47-16 sections 16, 17 and 18 of this act.
47-17 Sec. 100. NRS 159.161 is hereby amended to read as follows:
47-18 159.161 1. Petitions to secure court approval of any lease
47-19 [shall describe] :
47-20 (a) Must include the parcel number assigned to the property to
47-21 be leased [with reasonable certainty] and the physical address of
47-22 the property, if any; and
47-23 (b) Must set forth the proposed fixed rental, the duration of the
47-24 lease and a brief description of the duties of the proposed lessor and
47-25 lessee.
47-26 2. Upon the hearing of [such petition,] a petition pursuant to
47-27 subsection 1, if the court is satisfied that [such] the lease is for the
47-28 best interests of the ward and [his estate, it] the estate of the ward,
47-29 the court shall enter an order authorizing the guardian to enter into
47-30 [such] the lease.
47-31 Sec. 101. NRS 159.165 is hereby amended to read as follows:
47-32 159.165 1. If the property to be leased consists of mining
47-33 claims, an interest in [such] the mining claims, property worked as a
47-34 mine or lands containing oil, gas, steam, gravel or any minerals, the
47-35 court may authorize the guardian to enter into a lease which
47-36 provides for payment by the lessee of a royalty, in money or in kind,
47-37 in lieu of a fixed rental. The court may also authorize the guardian
47-38 to enter into a lease which provides for a pooling agreement or
47-39 authorizes the lessee to enter into pooling or other cooperative
47-40 agreements with lessees, operators or owners of other lands and
47-41 minerals for the purpose of bringing about the cooperative
47-42 development and operation of any mine, oil field or other unit of
47-43 which the ward’s property is a part.
47-44 2. If the proposed lease contains an option to purchase, and the
47-45 property to be sold under the option consists of mining claims,
48-1 property worked as a mine, or interests in oil, gas, steam, gravel or
48-2 any mineral, which has a speculative or undefined market value, the
48-3 court may authorize the guardian to enter into such a lease and sales
48-4 agreement or give an option to purchase without requiring the
48-5 property to be sold at public auction or by private sale in the manner
48-6 required by this chapter for sales of other real property.
48-7 3. If the petition filed pursuant to this section requests authority
48-8 to enter into a lease with an option to purchase, in addition to the
48-9 notice required by [NRS 159.115,] section 43 of this act, the
48-10 guardian shall publish a copy of the notice at least twice, the first
48-11 publication to be at least 10 days prior to the date set for the hearing
48-12 and the second publication to be not earlier than [1 week] 7 days
48-13 after the date of the first publication. [Such notice shall] The notice
48-14 must be published in [a] :
48-15 (a) A newspaper that is published in the county where the
48-16 property is [situated, or if] located; or
48-17 (b) If no newspaper is published in [such county, then in] the
48-18 county where the property is located, a newspaper of general
48-19 circulation in [such county,] that county which is designated by the
48-20 court.
48-21 Sec. 102. NRS 159.169 is hereby amended to read as follows:
48-22 159.169 1. A guardian of the estate may petition the court for
48-23 advice and instructions in any matter concerning:
48-24 (a) The administration of the ward’s estate;
48-25 (b) The priority of paying claims;
48-26 (c) The propriety of making any proposed disbursement of
48-27 funds;
48-28 (d) Elections for or on behalf of the ward to take under the will
48-29 of a deceased spouse;
48-30 (e) Exercising for or on behalf of the ward [any] :
48-31 (1) Any options or other rights under any policy of insurance
48-32 or annuity; and
48-33 (2) The right to take under a will, trust or other devise;
48-34 (f) The propriety of exercising any right exercisable by owners
48-35 of property; and
48-36 (g) Matters of a similar nature.
48-37 2. Any act done by a guardian of the estate after securing court
48-38 approval or instructions with reference to the matters set forth in
48-39 subsection 1 is binding upon the ward or those claiming through the
48-40 ward, and the guardian is not personally liable for performing any
48-41 such act.
48-42 3. If any [other party] interested person may be adversely
48-43 affected by the proposed act of the guardian, the court shall direct
48-44 the issuance of a citation to that [party,] interested person, to be
48-45 served upon the person at least 20 days before the hearing on the
49-1 petition. The citation must be served in the same manner that
49-2 summons is served in a civil action and must direct the [party]
49-3 interested person to appear and show cause why the proposed act of
49-4 the guardian should not be authorized or approved. All [parties]
49-5 interested persons so served are bound by the order of the court
49-6 which is final and conclusive, subject to any right of appeal.
49-7 Sec. 103. NRS 159.173 is hereby amended to read as follows:
49-8 159.173 [In case of the sale or other transfer by] If a guardian
49-9 of the estate [of] sells or transfers any real or personal property that
49-10 is specifically devised or bequeathed by the ward [who] or which is
49-11 held by the ward as a joint tenancy, designated as being held by
49-12 the ward in trust for another person or held by the ward as a
49-13 revocable trust and the ward was competent to make a will or
49-14 create the interest at the time he executed the will or created the
49-15 interest when the will or interest was created, but was not
49-16 competent to make a will or create the interest at the time of the
49-17 sale or transfer and never executed a valid later will or changed the
49-18 manner in which he held the interest after removal of the legal
49-19 disability, the devisee , beneficiary or legatee may [at his option]
49-20 elect to take the proceeds of [such] the sale or other transfer with the
49-21 incidents of a specific devise or bequest.
49-22 Sec. 104. NRS 159.177 is hereby amended to read as follows:
49-23 159.177 A guardian of the estate or special guardian who is
49-24 authorized to manage the ward’s property shall make and file a
49-25 verified account in the guardianship proceeding:
49-26 1. Annually [within] , not later than 60 days after the
49-27 anniversary date of [his appointment, unless,] the appointment of
49-28 the guardian, unless the court [otherwise orders.] orders such an
49-29 account to be made and filed at a different interval upon a
49-30 showing of good cause and with the appropriate protection of the
49-31 interests of the ward.
49-32 2. Upon filing [his] a petition to resign and before [his] the
49-33 resignation is accepted by the court.
49-34 3. Within 30 days after the date of his removal[.] , unless the
49-35 court authorizes a longer period.
49-36 4. Within 90 days after the date of termination of the
49-37 guardianship[.
49-38 5. At such other times] or the death of the ward, unless the
49-39 court authorizes a longer period.
49-40 5. At any other time as required by law or as the court may
49-41 order.
49-42 Sec. 105. NRS 159.179 is hereby amended to read as follows:
49-43 159.179 1. An account made and filed by a guardian of the
49-44 estate or special guardian who is authorized to manage the ward’s
50-1 property must include , without limitation, the following
50-2 information:
50-3 (a) The period covered by the account.
50-4 (b) All cash receipts and disbursements during the period
50-5 covered by the account.
50-6 (c) All claims filed and the action taken [thereon.] regarding the
50-7 account.
50-8 (d) Any changes in the ward’s property due to sales, exchanges,
50-9 investments, acquisitions, gifts, mortgages or other transactions
50-10 which have increased, decreased or altered the ward’s property
50-11 holdings as reported in the original inventory or the preceding
50-12 account.
50-13 (e) [Such] Any other information [as] the guardian considers
50-14 necessary to show the condition of the affairs of the ward.
50-15 2. If the account is for the estates of two or more wards, it must
50-16 show the interest of each ward in the receipts, disbursements and
50-17 property.
50-18 3. Receipts or vouchers for all expenditures must be retained
50-19 by the guardian for examination [under the procedures provided in
50-20 NRS 150.150.] by the court or an interested person. Unless
50-21 ordered by the court, the guardian is not required to file such
50-22 receipts or vouchers with the court.
50-23 4. On the court’s own motion or on ex parte application by an
50-24 interested person which demonstrates good cause, the court may:
50-25 (a) Order production of the receipts or vouchers that support
50-26 the account; and
50-27 (b) Examine or audit the receipts or vouchers that support the
50-28 account.
50-29 5. If a receipt or voucher is lost or for good reason cannot be
50-30 produced on settlement of an account, payment may be proved by
50-31 the oath of at least one competent witness. The guardian must be
50-32 allowed expenditures if it is proven that:
50-33 (a) The receipt or voucher for any disbursement has been lost
50-34 or destroyed so that it is impossible to obtain a duplicate of the
50-35 receipt or voucher; and
50-36 (b) Expenses were paid in good faith and were valid charges
50-37 against the estate.
50-38 Sec. 106. NRS 159.181 is hereby amended to read as follows:
50-39 159.181 1. Any interested person [interested in the
50-40 guardianship] may appear at the hearing and object to the account or
50-41 file written objections [thereto] to the account prior to the hearing.
50-42 2. If there are no objections to the account or if the court
50-43 overrules [such] any objections , the court may enter an order
50-44 allowing and confirming the account.
51-1 [2. The]
51-2 3. Except as otherwise provided in this subsection, the order
51-3 settling and allowing the account[, when it becomes final,] is a
51-4 final order and is conclusive against all persons interested in the
51-5 guardianship proceeding[.] , including, without limitation, heirs
51-6 and assigns. The order is not final against a ward who requests an
51-7 examination of any account after the ward’s legal disability is
51-8 removed.
51-9 4. If the court finds that an interested person who objected to
51-10 the account did not object in good faith or in furtherance of the
51-11 best interests of the ward, the court may order the interested
51-12 person to pay to the estate of the ward all or part of the expenses
51-13 associated with the objection.
51-14 Sec. 107. NRS 159.183 is hereby amended to read as follows:
51-15 159.183 1. A guardian [shall] must be allowed [reasonable] :
51-16 (a) Reasonable compensation for [his services as guardian and
51-17 the necessary] the guardian’s services;
51-18 (b) Necessary and reasonable expenses incurred in exercising
51-19 [his] the authority and performing [his duties . The guardian shall be
51-20 allowed reasonable] the duties of a guardian; and
51-21 (c) Reasonable expenses incurred in retaining accountants,
51-22 attorneys, appraisers or other professional services.
51-23 2. Reasonable compensation and services [will] must be based
51-24 upon similar services performed for persons who are not under a
51-25 legal disability.
51-26 Sec. 108. NRS 159.185 is hereby amended to read as follows:
51-27 159.185 [1.] The court may remove a guardian if the court
51-28 determines that:
51-29 [(a)] 1. The guardian has become [disqualified,] mentally
51-30 incompetent, unsuitable or otherwise incapable of exercising [his]
51-31 the authority and performing [his] the duties of a guardian as
51-32 provided by law . [;
51-33 (b)] 2. The guardian is no longer qualified to act as a
51-34 guardian pursuant to NRS 159.059.
51-35 3. The guardian has filed for bankruptcy within the previous
51-36 5 years.
51-37 4. The guardian of the estate has mismanaged the estate of the
51-38 ward . [;
51-39 (c)] 5. The guardian has negligently failed to perform any
51-40 duty as provided by law or by any order of the court and:
51-41 (a) The negligence resulted in injury to the ward or his estate;
51-42 or
51-43 (b) There was a substantial likelihood that the negligence
51-44 would result in injury to the ward or his estate.
52-1 6. The guardian has intentionally failed to perform any duty as
52-2 provided by law or by any lawful order of the court[; or
52-3 (d)] , regardless of injury.
52-4 7. The best [interest] interests of the ward will be served by the
52-5 appointment of another person as guardian.
52-6 [2. Upon its own motion or upon a petition filed by a ward who
52-7 is a minor 14 years of age or older, by any person for a ward who is
52-8 an incompetent or a minor under 14 years of age, or by any other
52-9 interested person, the court may make an order directing the
52-10 issuance of a citation requiring the guardian to appear and show
52-11 cause why he should not be removed. The citation shall require the
52-12 guardian to appear and show cause within the applicable period of
52-13 time required for appearance after service of summons, and shall be
52-14 served and returned as summons is served and returned in a civil
52-15 action.]
52-16 Sec. 109. NRS 159.187 is hereby amended to read as follows:
52-17 159.187 1. When a guardian dies[,] or is removed by order
52-18 of [the court or his resignation is accepted by] the court, the court,
52-19 upon [its] the court’s own motion or upon a petition filed by any
52-20 interested person, may appoint another guardian in the same manner
52-21 and subject to the same requirements as are provided by law for an
52-22 original appointment of a guardian.
52-23 2. If a guardian of the person is appointed for a ward
52-24 pursuant to this section, the ward must be served with the petition.
52-25 If the ward does not object to the appointment, the ward is not
52-26 required to attend the hearing.
52-27 Sec. 110. NRS 159.1905 is hereby amended to read as
52-28 follows:
52-29 159.1905 1. A ward, the guardian or another person may
52-30 petition the court for the termination or modification of a
52-31 guardianship. The petition must state or contain:
52-32 [1.] (a) The name and address of the petitioner.
52-33 [2.] (b) The relationship of the petitioner to the ward.
52-34 (c) The name, age and address of the ward, if the ward is not the
52-35 petitioner, or the date of death of the ward if the ward is deceased.
52-36 [3.] (d) The name and address of the guardian, if the guardian is
52-37 not the petitioner.
52-38 [4.] (e) The reason for termination or modification.
52-39 [5.] (f) Whether the termination or modification is sought for
52-40 a guardianship of the person, of the estate, or of the person and
52-41 estate.
52-42 (g) A general description and the value of the remaining
52-43 property of the ward and the proposed disposition of that property.
52-44 2. Upon the filing of the petition, the court may appoint an
52-45 attorney to represent the ward if:
53-1 (a) The ward is unable to retain an attorney; and
53-2 (b) The court determines that the appointment is necessary to
53-3 protect the interests of the ward.
53-4 3. The petitioner has the burden of proof to show by clear
53-5 and convincing evidence that the termination or modification of
53-6 the guardianship of the person, of the estate, or of the person and
53-7 estate is in the best interests of the ward.
53-8 4. The court shall issue a citation to the guardian and all
53-9 interested persons requiring them to appear and show cause why
53-10 termination or modification of the guardianship should not be
53-11 granted.
53-12 5. If the court finds that the petitioner did not file a petition
53-13 for termination or modification in good faith or in furtherance of
53-14 the best interests of the ward, the court may:
53-15 (a) Disallow the petitioner from petitioning the court for
53-16 attorney’s fees from the estate of the ward; and
53-17 (b) Impose sanctions on the petitioner in an amount sufficient
53-18 to reimburse the estate of the ward for all or part of the expenses
53-19 and for any other pecuniary losses which are incurred by the
53-20 estate of the ward and associated with the petition.
53-21 Sec. 111. NRS 159.191 is hereby amended to read as follows:
53-22 159.191 1. A guardianship of the person is terminated:
53-23 [1. If for a minor, when he
reaches the age of majority
53-24 according to the law of his domicile;
53-25 2.] (a) By the death of the ward;
53-26 [3.] (b) Upon the ward’s change of domicile to a place outside
53-27 this state and the transfer of jurisdiction to the court having
53-28 jurisdiction in the new domicile; [or
53-29 4.] (c) Upon order of the court, if the court determines that the
53-30 guardianship no longer is necessary[.] ; or
53-31 (d) If the ward is a minor:
53-32 (1) On the date on which the ward reaches 18 years of age;
53-33 or
53-34 (2) On the date on which the ward graduates from high
53-35 school or becomes 19 years of age, whichever occurs sooner, if:
53-36 (I) The ward will be older than 18 years of age upon
53-37 graduation from high school; and
53-38 (II) The ward and the guardian consent to continue the
53-39 guardianship and the consent is filed with the court at least 14
53-40 days before the date on which the ward will become 18 years of
53-41 age.
53-42 2. A guardianship of the estate is terminated if the court:
53-43 (a) Removes the guardian or accepts the resignation of the
53-44 guardian and does not appoint a successor guardian; or
54-1 (b) Determines that the guardianship is not necessary and
54-2 orders the guardianship terminated.
54-3 3. If the guardianship is of the person and estate, the court may
54-4 order the guardianship terminated as to the person, the estate , or the
54-5 person and estate.
54-6 Sec. 112. NRS 159.193 is hereby amended to read as follows:
54-7 159.193 1. The guardian of the estate is entitled to possession
54-8 of the ward’s property and is authorized to perform [his duties as
54-9 guardian for] the duties of the guardian to wind up the affairs of
54-10 the guardianship:
54-11 (a) For a period [not exceeding 90 days] that is reasonable and
54-12 necessary after the termination of the guardianship [or until] ;
54-13 (b) Except as otherwise provided in paragraph (c) for not more
54-14 than 90 days after the date of the appointment of [an executor or
54-15 administrator] a personal representative of the estate of a deceased
54-16 ward[, to wind up the guardianship affairs. During such time] ; or
54-17 (c) Upon approval of the court, for more than 90 days if the
54-18 guardian is awaiting certification from the appropriate authority
54-19 acknowledging that the guardian has no further liability for taxes
54-20 on the estate.
54-21 2. To wind up the affairs of the guardianship, the guardian
54-22 shall:
54-23 [1.] (a) Pay all expenses of administration of the guardianship
54-24 estate, including those incurred in winding up the affairs of the
54-25 guardianship.
54-26 [2.] (b) Complete the performance of any contractual
54-27 obligations incurred by [him as guardian.
54-28 3.] the guardianship estate.
54-29 (c) With prior approval of the court, continue any activity that:
54-30 (1) The guardian believes is appropriate and necessary; or
54-31 (2) Was commenced before the termination of the
54-32 guardianship.
54-33 (d) If the guardianship is terminated for a reason other than the
54-34 death of the ward, examine and allow and pay, or reject, all claims
54-35 presented to [him] the guardian prior to the termination of the
54-36 guardianship for obligations incurred prior to [such] the termination.
54-37 Sec. 113. NRS 159.195 is hereby amended to read as follows:
54-38 159.195 1. If the guardianship is terminated by reason of the
54-39 death of the ward[, any] :
54-40 (a) Except as otherwise provided in NRS 159.197, the
54-41 guardian shall report to the personal representative claims which
54-42 are presented to the guardian, or which have been presented to the
54-43 guardian but have not been paid, except those incurred in paying the
54-44 expenses of administration of the guardianship estate and in winding
55-1 up [its affairs, shall be reported by the
guardian to the executor or
55-2 administrator.] the affairs of the guardianship estate.
55-3 (b) Claims which have been allowed by the guardian, but not
55-4 paid, shall be paid by the [executor or administrator] personal
55-5 representative in the course of probate in the priority provided by
55-6 law for payment of claims against a decedent, and shall have the
55-7 same effect and priority as a judgment against a decedent.
55-8 (c) Claims which have been presented and not allowed or
55-9 rejected shall be acted upon by the [executor or administrator]
55-10 personal representative in the same manner as other claims against
55-11 a decedent.
55-12 2. The [executor or administrator] personal representative
55-13 shall be substituted as the party in interest for the guardian in any
55-14 action commenced or which may be commenced by the creditor
55-15 pursuant to NRS 159.107, including summary determination, on any
55-16 claim rejected by the guardian.
55-17 Sec. 114. NRS 159.197 is hereby amended to read as follows:
55-18 159.197 1. After the winding up of the affairs of the
55-19 guardianship, the guardian shall deliver physical possession of all of
55-20 the ward’s property to the ward, [his executor or administrator] the
55-21 personal representative or the successor guardian, as the case may
55-22 be, and obtain a receipt [therefor.] of the delivery of the property.
55-23 2. Before the guardian delivers physical possession of the
55-24 ward’s property to the personal representative and upon sufficient
55-25 evidence of prior title, the guardian may petition the court to have
55-26 the title to the property modified, on a pro rata basis, to reflect the
55-27 manner in which title was held before the guardianship was
55-28 established so that the property is distributed to the intended
55-29 beneficiary or former joint owner of the property.
55-30 3. If the guardianship has terminated by reason of the death of
55-31 the ward, the court, by order, may authorize the guardian to
55-32 [distribute] handle the deceased ward’s property in the same manner
55-33 as authorized by NRS 146.070[,] or 146.080, if the gross value of
55-34 the property, less encumbrances, and less fees, costs and expenses
55-35 that are approved by the court, remaining in the hands of the
55-36 guardian does not exceed [$50,000, or as authorized by NRS
55-37 146.080, if the gross value of the property remaining in the hands of
55-38 the guardian does not exceed $20,000.] the amount authorized
55-39 pursuant to NRS 146.070 or 146.080.
55-40 Sec. 115. NRS 159.199 is hereby amended to read as follows:
55-41 159.199 1. Upon the filing of receipts and vouchers showing
55-42 compliance with the orders of the court in winding up the affairs of
55-43 the guardianship, the court shall enter an order discharging the
55-44 guardian and exonerating [his bond.] the bond of the guardian.
56-1 2. A guardian is not relieved of liability for his term as
56-2 guardian until an order of discharge is entered and filed with the
56-3 court.
56-4 Sec. 116. NRS 159.201 is hereby amended to read as follows:
56-5 159.201 [If at any time during the course of the proceedings]
56-6 1. The court may grant a summary administration if, at any
56-7 time, it appears to the court that[,] after payment of all claims and
56-8 expenses of the guardianship the value of the ward’s property does
56-9 not exceed $5,000 . [,]
56-10 2. If the court grants a summary administration, the court
56-11 may:
56-12 [1.] (a) Authorize the guardian of the estate or special guardian
56-13 who is authorized to manage the ward’s property to convert the
56-14 property to cash and sell any of the property, with or without notice,
56-15 as the court may direct. After the payment of all claims and the
56-16 expenses of the guardianship, the guardian shall deposit the money
56-17 in savings accounts or invest [it] the money as provided in NRS
56-18 159.117, and hold the investment and all interest, issues, dividends
56-19 and profits for the benefit of the ward. The court may dispense with
56-20 annual accountings and all other proceedings required by this
56-21 chapter.
56-22 [2.] (b) If the ward is a minor, terminate the guardianship of the
56-23 estate and direct the guardian to deliver the ward’s property to the
56-24 custodial parent[,] or parents, guardian or custodian of the minor to
56-25 hold, invest or use as the court may order.
56-26 3. Whether the court grants a summary administration at
56-27 the time the guardianship is established or at any other time, the
56-28 guardian shall file an inventory and record of value with the
56-29 court.
56-30 4. If, at any time, the net value of the estate of the ward
56-31 exceeds $5,000:
56-32 (a) The guardian shall file an amended inventory and
56-33 accounting with the court;
56-34 (b) The guardian shall file annual accountings; and
56-35 (c) The court may require the guardian to post a bond.
56-36 Sec. 117. NRS 159.205 is hereby amended to read as follows:
56-37 159.205 1. Except as otherwise provided in this section or
56-38 NRS 127.045, [any competent adult person residing in this state
56-39 may be appointed as the temporary guardian of the person of a
56-40 minor child residing in this state,] a parent, without the approval of
56-41 a court, [by an instrument in writing providing for the appointment,
56-42 executed by both parents if living, not divorced and in legal custody
56-43 of the minor, otherwise by the parent having legal custody, and
56-44 acknowledged in the same manner as deeds are acknowledged in
56-45 this state.] may appoint in writing a short-term guardianship for
57-1 an unmarried minor child if the parent has legal custody of the
57-2 minor child.
57-3 2. The appointment of a short-term guardianship is effective
57-4 for a minor who is 14 years of age or older only if the minor
57-5 provides written consent to the guardianship.
57-6 3. The appointment of a short-term guardian does not affect
57-7 the rights of the other parent of the minor.
57-8 4. A parent shall not appoint a short-term guardian for a
57-9 minor child if the minor child has another parent:
57-10 (a) Whose parental rights have not been terminated;
57-11 (b) Whose whereabouts are known; and
57-12 (c) Who is willing and able to make and carry out daily child
57-13 care decisions concerning the minor,
57-14 unless the other parent of the minor child provides written consent
57-15 to the appointment.
57-16 5. The written instrument appointing a short-term guardian
57-17 becomes effective immediately upon execution and must [contain a
57-18 provision for its expiration on a date not more than 6 months after
57-19 the date of execution unless renewed by an acknowledged writing
57-20 before its expiration date. If such a provision is not included in the
57-21 instrument, the instrument expires by operation of law 6 months
57-22 after the date of its execution.
57-23 3.] include, without limitation:
57-24 (a) The date on which the guardian is appointed;
57-25 (b) The name of the parent who appointed the guardian, the
57-26 name of the minor child for whom the guardian is appointed and
57-27 the name of the person who is appointed as the guardian; and
57-28 (c) The signature of the parent and the guardian in the
57-29 presence of a notary public acknowledging the appointment of the
57-30 guardian. The parent and guardian are not required to sign and
57-31 acknowledge the instrument in the presence of the other.
57-32 6. The short-term guardian appointed pursuant to this section
57-33 serves as guardian of the minor for 6 months, unless the written
57-34 instrument appointing the guardian specifies a shorter term or
57-35 specifies that the guardianship is to terminate upon the happening
57-36 of an event that occurs sooner than 6 months.
57-37 7. Only one written instrument appointing a guardian for a
57-38 limited duration for the minor child may be effective at any given
57-39 time.
57-40 8. The appointment of a [temporary] guardian for a limited
57-41 duration pursuant to this section:
57-42 (a) May be terminated by an instrument in writing signed by
57-43 either parent if that parent has not been deprived of the legal custody
57-44 of the minor.
58-1 (b) Is terminated by any order of a court of competent
58-2 jurisdiction that appoints a guardian.
58-3 Sec. 118. NRS 200.50986 is hereby amended to read as
58-4 follows:
58-5 200.50986 The local office of the Aging Services Division of
58-6 the Department of Human Resources or the county’s office for
58-7 protective services may petition a court in accordance with NRS
58-8 159.185 or 159.1905 or section 36 of this act for the removal of the
58-9 guardian of an older person, or the termination or modification of
58-10 that guardianship, if, based on its investigation, the Aging Services
58-11 Division or the county’s office of protective services has reasonable
58-12 cause to believe that the guardian is abusing, neglecting, exploiting
58-13 or isolating the older person in violation of NRS 200.5091 to
58-14 200.50995, inclusive.
58-15 Sec. 119. NRS 159.029 is hereby repealed.
58-16 Sec. 120. The amendatory provisions of this act apply to any
58-17 proceeding or matter commenced or undertaken on or after
58-18 October 1, 2003.
58-19 TEXT OF REPEALED SECTION
58-20 159.029 Pending proceedings under former law. So far as
58-21 possible, any proceeding or matter undertaken or commenced
58-22 pursuant to any provision of law before July 1, 1969, must be
58-23 conducted and completed pursuant to this chapter and any
58-24 proceeding or matter undertaken or commenced pursuant to any
58-25 provision of law before July 1, 1981, for the appointment of a
58-26 guardian must be conducted and completed pursuant to the
58-27 amendatory provisions which become effective on that date.
58-28 H