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.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 47.5, inclusive, of

1-3  this 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:

2-26      (a) A verified record of value of an asset where the value of the

2-27  asset can be determined with reasonable certainty, including,

2-28  without limitation:

2-29          (1) Money, deposits in banks, bonds, policies of life

2-30  insurance or securities for money, when equal in value to cash;

2-31  and

2-32          (2) Personal property, including, without limitation,

2-33  household goods, if the combined value of the personal property

2-34  does not exceed $5,000.

2-35      (b) A statement of the assessed value of real property as

2-36  determined by the county assessor for tax purposes, except that if

2-37  the real property is to be sold, the guardian must file an appraisal.

2-38      Sec. 6.  1.  Before appraising or valuing any asset of the

2-39  guardianship estate, each appraiser, certified public accountant or

2-40  expert in valuation shall certify that the appraiser, accountant or

2-41  expert will truthfully, honestly and impartially appraise or value

2-42  the property according to the best of his knowledge and ability.

2-43  The certification must be included in the appraisal or valuation

2-44  and filed with the court.

3-1  2.  The appraisal or valuation must list each asset that has a

3-2  value of more than $100 separately with a statement of the value

3-3  of the asset opposite the asset.

3-4  3.  An appraiser, certified public accountant or expert in

3-5  valuation who performs an appraisal or valuation of a

3-6  guardianship estate is entitled to reasonable compensation for the

3-7  appraisal or valuation and may be paid by the guardian out of the

3-8  estate at any time after the appraisal or valuation is completed.

3-9  4.  An appraiser, certified public accountant or expert in

3-10  valuation who directly or indirectly purchases any asset of an

3-11  estate without full disclosure to and approval by the court is guilty

3-12  of a misdemeanor. A sale made in violation of the provisions of

3-13  this subsection is void, and the asset sold may be recovered by the

3-14  guardian, ward or proposed ward.

3-15      Sec. 7.  1.  If a guardian, interested person, ward or

3-16  proposed ward petitions the court upon oath alleging:

3-17      (a) That a person has or is suspected to have concealed,

3-18  converted to his own use, conveyed away or otherwise disposed of

3-19  any money, good, chattel or effect of the ward; or

3-20      (b) That the person has in his possession or knowledge any

3-21  deed, conveyance, bond, contract or other writing which contains

3-22  evidence of, or tends to disclose the right, title or interest of the

3-23  ward or proposed ward in or to, any real or personal property, or

3-24  any claim or demand,

3-25  the judge may cause the person to be cited to appear before the

3-26  district court to answer, upon oath, upon the matter of the petition.

3-27      2.  If the person cited does not reside in the county where

3-28  letters of guardianship have been issued pursuant to NRS 159.075,

3-29  the person may be cited and examined before the district court of

3-30  the county where the person resides, or before the court that

3-31  issued the citation. Each party to the petition may produce

3-32  witnesses, and such witnesses may be examined by either party.

3-33      Sec. 8.  1.  If the court finds, after examination of a person

3-34  cited pursuant to section 7 of this act, that the person has

3-35  committed an act:

3-36      (a) Set forth in paragraph (a) of subsection 1 of section 7 of

3-37  this act, the court may order the person to return the asset or the

3-38  value of the asset to the guardian of the estate; or

3-39      (b) Set forth in paragraph (b) of subsection 1 of section 7 of

3-40  this act, the court may order the person to return the asset or

3-41  provide information concerning the location of the asset to the

3-42  guardian of the estate.

3-43      2.  The court may hold a person who is cited pursuant to

3-44  section 7 of this act in contempt of court and deal with him

3-45  accordingly if the person:

4-1  (a) Refuses to appear and submit to examination or to testify

4-2  regarding the matter complained of in the petition; or

4-3  (b) Fails to comply with an order of the court issued pursuant

4-4  to subsection 1.

4-5  3.  An order of the court pursuant to subsection 1 is prima

4-6  facie evidence of the right of the proposed ward or the estate of the

4-7  ward to the asset described in the order in any action that may be

4-8  brought for the recovery thereof, and any judgment recovered

4-9  therein must be double the value of the asset, and damages in

4-10  addition thereof equal to the value of such property.

4-11      4.  If the person who is cited pursuant to section 7 of this act

4-12  appears and, upon consideration of the petition, the court finds

4-13  that the person is not liable or responsible to the estate of the ward

4-14  or proposed ward, the court may order:

4-15      (a) The estate of the ward or proposed ward to pay the

4-16  attorney’s fees and costs of the respondent; or

4-17      (b) If the court finds that the petitioner unnecessarily or

4-18  unreasonably filed the petition, the petitioner personally to pay the

4-19  attorney’s fees and costs of the respondent.

4-20      Sec. 9. If the guardian neglects or refuses to sell any real

4-21  property of the estate when it is necessary or in the best interests of

4-22  the ward, an interested person may petition the court for an order

4-23  requiring the guardian to sell the property. The court shall set the

4-24  petition for a hearing, and the petitioner shall serve notice on the

4-25  guardian at least 10 days before the hearing.

4-26      Sec. 10. If real property of the estate of a ward is sold that is

4-27  subject to a mortgage or other lien which is a valid claim against

4-28  the estate, the money from the sale must be applied in the

4-29  following order:

4-30      1.  To pay the necessary expenses of the sale.

4-31      2.  To satisfy the mortgage or other lien, including, without

4-32  limitation, payment of interest and any other lawful costs and

4-33  charges. If the mortgagee or other lienholder cannot be found, the

4-34  money from the sale may be paid as ordered by the court and the

4-35  mortgage or other lien shall be deemed to be satisfied.

4-36      3.  To the estate of the ward, unless the court orders

4-37  otherwise.

4-38      Sec. 11.  At a sale of real property that is subject to a

4-39  mortgage or lien, the holder of the mortgage or lien may become

4-40  the purchaser. The receipt for the amount owed to the holder from

4-41  the proceeds of the sale is a payment pro tanto.

4-42      Sec. 12.  1.  In the manner required by this chapter for the

4-43  sale of like property, a guardian may sell:

4-44      (a) The equity of the estate in any real property that is subject

4-45  to a mortgage or lien; and

5-1  (b) The property that is subject to the mortgage or lien.

5-2  2.  If a claim has been filed upon the debt secured by the

5-3  mortgage or lien, the court shall not confirm the sale unless the

5-4  holder of the claim files a signed and acknowledged document

5-5  which releases the estate from all liability upon the claim.

5-6  Sec. 13.  1.  A guardian may enter into a written contract

5-7  with any bona fide agent, broker or multiple agents or brokers to

5-8  secure a purchaser for any real property of the estate. Such a

5-9  contract may grant an exclusive right to sell the property to the

5-10  agent, broker or multiple agents or brokers.

5-11      2.  The guardian shall provide for the payment of a

5-12  commission upon the sale of the real property which:

5-13      (a) Must be paid from the proceeds of the sale;

5-14      (b) Must be fixed in an amount not to exceed:

5-15          (1) Ten percent for unimproved real property; or

5-16          (2) Seven percent for improved real property; and

5-17      (c) Must be authorized by the court by confirmation of the

5-18  sale.

5-19      3.  Upon confirmation of the sale by the court, the contract for

5-20  the sale becomes binding and enforceable against the estate.

5-21      4.  A guardian may not be held personally liable and the estate

5-22  is not liable for the payment of any commission set forth in a

5-23  contract entered into with an agent or broker pursuant to this

5-24  section until the sale is confirmed by the court, and then is liable

5-25  only for the amount set forth in the contract.

5-26      Sec. 14.  1.  When an offer to purchase real property of a

5-27  guardianship estate is presented to the court for confirmation:

5-28      (a) Other persons may submit higher bids to the court; and

5-29      (b) The court may confirm the highest bid.

5-30      2.  Upon confirmation of a sale of real property by the court,

5-31  the commission for the sale must be divided between the listing

5-32  agent or broker and the agent or broker who secured the

5-33  purchaser to whom the sale was confirmed, if any, in accordance

5-34  with the contract with the listing agent or broker.

5-35      Sec. 15.  1.  If a ward owns real property jointly with one or

5-36  more other persons, the interest owned by the ward may be sold to

5-37  one or more joint owners of the property only if:

5-38      (a) The guardian files a petition with the court to confirm the

5-39  sale pursuant to NRS 159.134; and

5-40      (b) The court confirms the sale.

5-41      2.  The court shall confirm the sale only if:

5-42      (a) The net amount of the proceeds from the sale to the estate

5-43  of the ward is not less than 90 percent of the fair market value of

5-44  the portion of the property to be sold; and

6-1  (b) Upon confirmation, the estate of the ward will be released

6-2  from all liability for any mortgage or lien on the property.

6-3  Sec. 16.  1.  Except as otherwise provided in this section and

6-4  except for a sale pursuant to section 15 of this act, a guardian may

6-5  sell the real property of a ward only after notice of the sale is

6-6  published in:

6-7  (a) A newspaper that is published in the county in which the

6-8  property, or some portion of the property, is located; or

6-9  (b) If a newspaper is not published in that county:

6-10          (1) In a newspaper of general circulation in the county; or

6-11          (2) In such other newspaper as the court orders.

6-12      2.  Except as otherwise provided in this section and except for

6-13  a sale of real property pursuant to section 15 of this act:

6-14      (a) The notice of a public auction for the sale of real property

6-15  must be published not less than three times before the date of the

6-16  sale, over a period of 14 days and 7 days apart.

6-17      (b) The notice of a private sale must be published not less than

6-18  three times before the date on which offers will be accepted, over a

6-19  period of 14 days and 7 days apart.

6-20      3.  For good cause shown, the court may order fewer

6-21  publications and shorten the time of notice, but must not shorten

6-22  the time of notice to less than 8 days.

6-23      4.  The court may waive the requirement of publication

6-24  pursuant to this section if:

6-25      (a) The guardian is the sole devisee or heir of the estate; or

6-26      (b) All devisees or heirs of the estate consent to the waiver in

6-27  writing.

6-28      5.  Publication for the sale of real property is not required

6-29  pursuant to this section if the property to be sold is reasonably

6-30  believed to have a value of $5,000 or less. In lieu of publication,

6-31  the guardian shall post notice of the sale in three of the most

6-32  public places in the county in which the property, or some portion

6-33  of the property, is located for at least 14 days before:

6-34      (a) The date of the sale at public auction; or

6-35      (b) The date on which offers will be accepted for a private sale.

6-36      6.  Any notice published or posted pursuant to this section

6-37  must include, without limitation:

6-38      (a) For a public auction:

6-39          (1) A description of the real property which reasonably

6-40  identifies the property to be sold; and

6-41          (2) The date, time and location of the auction.

6-42      (b) For a private sale:

6-43          (1) A description of the real property which reasonably

6-44  identifies the property to be sold; and

6-45          (2) The date, time and location that offers will be accepted.

7-1  Sec. 17.  1.  Except for a sale pursuant to section 15 of this

7-2  act, a public auction for the sale of real property must be held:

7-3  (a) In the county in which the property is located or, if the real

7-4  property is located in two or more counties, in either county;

7-5  (b) Between the hours of 9 a.m. and 5 p.m.; and

7-6  (c) On the date specified in the notice, unless the sale is

7-7  postponed.

7-8  2.  If, on or before the date and time set for the public auction,

7-9  the guardian determines that the auction should be postponed:

7-10      (a) The auction may be postponed for not more than 3 months

7-11  after the date first set for the auction; and

7-12      (b) Notice of the postponement must be given by a public

7-13  declaration at the place first set for the sale on the date and time

7-14  that was set for the sale.

7-15      Sec. 18.  1.  Except for the sale of real property pursuant to

7-16  section 15 of this act, a sale of real property of a guardianship

7-17  estate at a private sale:

7-18      (a) Must not occur before the date stated in the notice.

7-19      (b) Except as otherwise provided in this paragraph, must not

7-20  occur sooner than 14 days after the date of the first publication or

7-21  posting of the notice. For good cause shown, the court may

7-22  shorten the time in which the sale may occur to not sooner than 8

7-23  days after the date of the first publication or posting of the notice.

7-24  If the court so orders, the notice of the sale and the sale may be

7-25  made to correspond with the court order.

7-26      (c) Must occur not later than 1 year after the date stated in the

7-27  notice.

7-28      2.  The offers made in a private sale:

7-29      (a) Must be in writing; and

7-30      (b) May be delivered to the place designated in the notice or to

7-31  the guardian at any time:

7-32          (1) After the date of the first publication or posting of the

7-33  notice; and

7-34          (2) Before the date on which the sale is to occur.

7-35      Sec. 19.  1.  Except as otherwise provided in subsection 2,

7-36  the court shall not confirm a sale of real property of a

7-37  guardianship estate at a private sale unless:

7-38      (a) The court is satisfied that the amount offered represents

7-39  the fair market value of the property to be sold; and

7-40      (b) The real property has been appraised within 1 year before

7-41  the date of the sale. If the real property has not been appraised

7-42  within this period, a new appraisal must be conducted pursuant to

7-43  sections 5 and 6 of this act at any time before the sale or

7-44  confirmation by the court of the sale.

8-1  2.  The court may waive the requirement of an appraisal and

8-2  allow the guardian to rely on the assessed value of the real

8-3  property for purposes of taxation in obtaining confirmation by the

8-4  court of the sale.

8-5  Sec. 20.  1.  At the hearing to confirm the sale of real

8-6  property, the court shall:

8-7  (a) Consider whether the sale is necessary or in the best

8-8  interest of the estate of the ward; and

8-9  (b) Examine the return on the investment and the evidence

8-10  submitted in relation to the sale.

8-11      2.  The court shall confirm the sale and order conveyances to

8-12  be executed if it appears to the court that:

8-13      (a) Good reason existed for the sale;

8-14      (b) The sale was conducted in a legal and fair manner;

8-15      (c) The amount of the offer or bid is not disproportionate to

8-16  the value of the property; and

8-17      (d) It is unlikely that an offer or bid would be made which

8-18  exceeds the original offer or bid:

8-19          (1) By at least 5 percent if the offer or bid is less than

8-20  $100,000; or

8-21          (2) By at least $5,000 if the offer or bid is $100,000 or

8-22  more.

8-23      3.  The court shall not confirm the sale if the conditions in

8-24  this section are not satisfied.

8-25      4.  If the court does not confirm the sale, the court:

8-26      (a) May order a new sale;

8-27      (b) May conduct a public auction in open court; or

8-28      (c) May accept a written offer or bid from a responsible person

8-29  and confirm the sale to the person if the written offer complies

8-30  with the laws of this state and exceeds the original bid:

8-31          (1) By at least 5 percent if the bid is less than $100,000; or

8-32          (2) By at least $5,000 if the bid is $100,000 or more.

8-33      5.  If the court does not confirm the sale and orders a new

8-34  sale:

8-35      (a) Notice must be given in the manner set forth in section 16

8-36  of this act; and

8-37      (b) The sale must be conducted in all other respects as though

8-38  no previous sale has taken place.

8-39      6.  If a higher offer or bid is received by the court during the

8-40  hearing to confirm the sale, the court may continue the hearing

8-41  rather than accept the offer or bid as set forth in paragraph (c) of

8-42  subsection 4 if the court determines that the person who made the

8-43  original offer or bid was not notified of the hearing and that the

8-44  person who made the original offer or bid may wish to increase his

8-45  bid. This subsection does not grant a right to a person to have a

9-1  continuance granted and may not be used as a ground to set aside

9-2  an order confirming a sale.

9-3  Sec. 21.  1.  If the court confirms a sale of real property of a

9-4  guardianship estate, the guardian shall execute a conveyance of

9-5  the property to the purchaser.

9-6  2.  The conveyance must include a reference to the court

9-7  order confirming the sale, and a certified copy of the court order

9-8  must be recorded in the office of the recorder of the county in

9-9  which the property, or any portion of the property, is located.

9-10      3.  A conveyance conveys all the right, title and interest of the

9-11  ward in the property on the date of the sale, and if, before the date

9-12  of the sale, by operation of law or otherwise, the ward has

9-13  acquired any right, title or interest in the property other than or in

9-14  addition to that of the ward at the time of the sale, that right, title

9-15  or interest also passes by the conveyance.

9-16      Sec. 22.  1.  If a sale of real property is made upon credit,

9-17  the guardian shall take:

9-18      (a) The note or notes of the purchaser for the unpaid portion

9-19  of the sale; and

9-20      (b) A mortgage on the property to secure the payment of the

9-21  notes.

9-22      2.  The mortgage may contain a provision for release of any

9-23  part of the property if the court approves the provision.

9-24      Sec. 23.  1.  After confirmation of the sale of real property, if

9-25  the purchaser neglects or refuses to comply with the terms of the

9-26  sale, the court may set aside the order of confirmation and order

9-27  the property to be resold:

9-28      (a) On motion of the guardian; and

9-29      (b) After notice is given to the purchaser.

9-30      2.  If the amount realized on the resale of the property is

9-31  insufficient to cover the bid and the expenses of the previous sale,

9-32  the original purchaser is liable to the estate of the ward for the

9-33  deficiency.

9-34      Sec. 24.  A guardian who fraudulently sells any real property

9-35  of a ward in a manner inconsistent with the provisions of this

9-36  chapter is liable for double the value of the property sold, as

9-37  liquidated damages, to be recovered in an action by or on behalf of

9-38  the ward.

9-39      Sec. 25.  The periods of limitation prescribed in NRS 11.260

9-40  apply to all actions:

9-41      1.  For the recovery of real property sold by a guardian in

9-42  accordance with the provisions of this chapter; and

9-43      2.  To set aside a sale of real property.

10-1      Sec. 26.  1.  A guardian may sell perishable property and

10-2  other personal property of the ward without notice, and title to the

10-3  property passes without confirmation by the court if the property:

10-4      (a) Will depreciate in value if not disposed of promptly; or

10-5      (b) Will incur loss or expense by being kept.

10-6      2.  The guardian is responsible for the actual value of the

10-7  personal property unless the guardian obtains confirmation by the

10-8  court of the sale.

10-9      Sec. 27. A guardian may sell any security of the ward if:

10-10     1.  The guardian petitions the court for confirmation of the

10-11  sale;

10-12     2.  The clerk sets the date of the hearing;

10-13     3.  The guardian gives notice in the manner required

10-14  pursuant to section 43 of this act unless, for good cause shown,

10-15  the court shortens the period within which notice must be given or

10-16  dispenses with notice; and

10-17     4.  The court confirms the sale.

10-18     Sec. 28.  1.  Except as otherwise provided in sections 26 and

10-19  27 of this act, a guardian may sell the personal property of the

10-20  ward only after notice of the sale is published in:

10-21     (a) A newspaper that is published in the county in which the

10-22  property, or some portion of the property, is located; or

10-23     (b) If a newspaper is not published in that county:

10-24         (1) In a newspaper of general circulation in the county; or

10-25         (2) In such other newspaper as the court orders.

10-26     2.  Except as otherwise provided in this section:

10-27     (a) The notice of a public sale must be published not less than

10-28  three times before the date of the sale, over a period of 14 days and

10-29  7 days apart.

10-30     (b) The notice of a private sale must be published not less than

10-31  three times before the date on which offers will be accepted, over a

10-32  period of 14 days and 7 days apart.

10-33     3.  For good cause shown, the court may order fewer

10-34  publications and shorten the time of notice, but must not shorten

10-35  the time of notice to less than 8 days.

10-36     4.  The notice must include, without limitation:

10-37     (a) For a public sale:

10-38         (1) A description of the personal property to be sold; and

10-39         (2) The date, time and location of the sale.

10-40     (b) For a private sale:

10-41         (1) A description of the personal property to be sold; and

10-42         (2) The date, time and location that offers will be accepted.

10-43     Sec. 29. 1.  The guardian may sell the personal property of

10-44  a ward by public sale at:

10-45     (a) The residence of the ward;

11-1      (b) The courthouse door; or

11-2      (c) Any other location designated by the guardian.

11-3      2.  The guardian may sell the personal property by public sale

11-4  only if the property is made available for inspection at the time of

11-5  the sale, unless the court orders otherwise.

11-6      3.  Personal property may be sold at a public or private sale

11-7  for cash or upon credit.

11-8      Sec. 30.  The following interests of the estate of the ward may

11-9  be sold in the same manner as other personal property:

11-10     1.  An interest in a partnership;

11-11     2.  An interest in personal property that has been pledged to

11-12  the ward; and

11-13     3.  Choses in action.

11-14     Sec. 31.  1.  To enter into an agreement to sell or to give an

11-15  option to purchase a mining claim or real property worked as a

11-16  mine which belongs to the estate of the ward, the guardian or an

11-17  interested person shall file a petition with the court that:

11-18     (a) Describes the property or claim;

11-19     (b) States the terms and general conditions of the agreement;

11-20     (c) Shows any advantage that may accrue to the estate of the

11-21  ward from entering into the agreement; and

11-22     (d) Requests confirmation by the court of the agreement.

11-23     2.  The court shall set the date of the hearing on the petition.

11-24     3.  The petitioner shall give notice in the manner provided in

11-25  section 43 of this act.

11-26     Sec. 32.  1.  At the time appointed and if the court finds that

11-27  due notice of the hearing concerning an agreement has been

11-28  given, the court shall hear a petition filed pursuant to section 31 of

11-29  this act and any objection to the petition that is filed or presented.

11-30     2.  After the hearing, if the court is satisfied that the

11-31  agreement will be to the advantage of the estate of the ward, the

11-32  court:

11-33     (a) Shall order the guardian to enter into the agreement; and

11-34     (b) May prescribe in the order the terms and conditions of the

11-35  agreement.

11-36     3.  A certified copy of the court order must be recorded in the

11-37  office of the county recorder of each county in which the property

11-38  affected by the agreement, or any portion of the property, is

11-39  located.

11-40     Sec. 33. 1.  If the court orders the guardian to enter into the

11-41  agreement pursuant to section 32 of this act, the court shall order

11-42  the guardian to provide an additional bond and specify the amount

11-43  of the bond in the court order.

12-1      2.  The guardian is not entitled to receive any of the proceeds

12-2  from the agreement until the guardian provides the bond and the

12-3  court approves the bond.

12-4      3.  When the court order is entered, the guardian shall

12-5  execute, acknowledge and deliver an agreement which:

12-6      (a) Contains the conditions specified in the court order;

12-7      (b) States that the agreement or option is approved by court

12-8  order; and

12-9      (c) Provides the date of the court order.

12-10     Sec. 34.  1.  If the purchaser or option holder neglects or

12-11  refuses to comply with the terms of the agreement approved by the

12-12  court pursuant to section 28 of this act, the guardian may petition

12-13  the court to cancel the agreement. The court shall cancel the

12-14  agreement after notice is given to the purchaser or option holder.

12-15     2.  The cancellation of an agreement pursuant to this section

12-16  does not affect any liability created by the agreement.

12-17     Sec. 35.  1.  If the purchaser or option holder complies with

12-18  the terms of an agreement approved by the court pursuant to

12-19  section 32 of this act and has made all payments according to the

12-20  terms of the agreement, the guardian shall:

12-21     (a) Make a return to the court of the proceedings; and

12-22     (b) Petition the court for confirmation of the proceedings.

12-23     2.  Notice must be given to the purchaser or option holder

12-24  regarding the petition for confirmation.

12-25     3.  The court:

12-26     (a) Shall hold a hearing regarding the petition for

12-27  confirmation; and

12-28     (b) May order or deny confirmation of the proceedings and

12-29  execution of the conveyances in the same manner and with the

12-30  same effect as when the court orders or denies a confirmation of a

12-31  sale of real property.

12-32     Sec. 36.  1.  The following persons may petition the court to

12-33  have a guardian removed:

12-34     (a) The ward;

12-35     (b) The spouse of the ward;

12-36     (c) Any relative who is within the second degree of

12-37  consanguinity to the ward;

12-38     (d) A public guardian; or

12-39     (e) Any other interested person.

12-40     2.  The petition must:

12-41     (a) State with particularity the reasons for removing the

12-42  guardian; and

12-43     (b) Show cause for the removal.

13-1      3.  If the court denies the petition for removal, the petitioner

13-2  shall not file a subsequent petition unless a material change of

13-3  circumstances warrants a subsequent petition.

13-4      4.  If the court finds that the petitioner did not file a petition

13-5  for removal in good faith or in furtherance of the best interests of

13-6  the ward, the court may:

13-7      (a) Disallow the petitioner from petitioning the court for

13-8  attorney’s fees from the estate of the ward; and

13-9      (b) Impose sanctions on the petitioner in an amount sufficient

13-10  to reimburse the estate of the ward for all or part of the expenses

13-11  incurred by the estate of the ward in responding to the petition and

13-12  for any other pecuniary losses which are associated with the

13-13  petition.

13-14     Sec. 37.  1.  If a petition to have a guardian removed is filed

13-15  with the court, the court shall issue and serve a citation on the

13-16  guardian and on all other interested persons.

13-17     2.  The citation must require the guardian to appear and show

13-18  cause why the court should not remove the guardian.

13-19     3.  If it appears that the ward or estate may suffer loss or

13-20  injury during the time required for service of the citation on the

13-21  guardian, on the court’s own motion or on petition, the court may:

13-22     (a) Suspend the powers of the guardian by issuing a 30-day

13-23  temporary restraining order or an injunction;

13-24     (b) Compel the guardian to surrender the ward to a temporary

13-25  guardian for not more than 30 days; and

13-26     (c) Compel the guardian to surrender the assets of the estate to

13-27  a temporary guardian or to the public guardian until the date set

13-28  for the hearing.

13-29     Sec. 38.  If a petition to remove a guardian is deemed

13-30  sufficient and the guardian fails to appear before the court, the

13-31  court may:

13-32     1.  Hold the guardian in contempt of court.

13-33     2.  Require the guardian to appear at a date and time set by

13-34  the court.

13-35     3.  Issue a bench warrant for the arrest and appearance of the

13-36  guardian.

13-37     4.  Find that the guardian caused harm to the ward or the

13-38  estate of the ward and issue an order accordingly.

13-39     Sec. 39.  1.  A guardian of the person, of the estate, or of the

13-40  person and the estate, may file with the court a petition tendering

13-41  the resignation of the guardian.

13-42     2.  If the guardian files a petition to resign, the court shall

13-43  serve notice upon any person entitled to notice pursuant to

13-44  NRS 159.047.

14-1      Sec. 40. 1.  Before the court approves the resignation of a

14-2  guardian of the person and discharges the guardian, the court

14-3  shall appoint a successor guardian.

14-4      2.  If a ward has more than one guardian, the court may

14-5  approve the resignation of one of the guardians if the remaining

14-6  guardian or guardians are qualified to act alone.

14-7      Sec. 41. 1.  Before the court approves the resignation of a

14-8  guardian of the estate and discharges the guardian, the court shall

14-9  require the guardian to submit, on the date set for the hearing, an

14-10  accounting of the estate through the end of the term.

14-11     2.  If the guardian fails to file such an accounting, the court

14-12  may impose sanctions upon the guardian.

14-13     3.  If an estate has more than one guardian, the court may

14-14  accept the resignation of one of the guardians if the remaining

14-15  guardian or guardians are qualified to act alone. The court may

14-16  waive the requirement of filing the accounting if the remaining

14-17  guardian or guardians are:

14-18     (a) Required to file the annual accounting, if applicable; and

14-19     (b) Responsible for any discrepancies in the accounting.

14-20     4.  Upon approval of the accounting, if any is required, and

14-21  appointment of a successor guardian, the court may approve the

14-22  resignation of a guardian and order the discharge of his duties.

14-23     Sec. 42.  1.  If a temporary guardianship is terminated and a

14-24  petition for a general or special guardianship has not been filed:

14-25     (a) The temporary guardian shall immediately turn over all of

14-26  the ward’s property to the ward; or

14-27     (b) If the temporary guardian is awaiting certification from the

14-28  appropriate authority acknowledging that the guardian has no

14-29  further liability for taxes on the estate, the temporary guardian

14-30  shall seek approval from the court to maintain possession of all or

14-31  a portion of the ward’s property.

14-32     2.  If a temporary guardianship is terminated and a petition

14-33  for general or special guardianship has been filed, the temporary

14-34  guardian of the estate may:

14-35     (a) Continue possessing the ward’s property; and

14-36     (b) Perform the duties of guardian for not more than 90 days

14-37  after the temporary guardianship is terminated or until the court

14-38  appoints another temporary, general or special guardian.

14-39     3.  If the death of a ward causes the termination of a

14-40  temporary guardianship before the hearing on a general or special

14-41  guardianship:

14-42     (a) The temporary guardian of the estate may:

14-43         (1) Continue possessing the ward’s property; and

14-44         (2) Except as otherwise provided in this paragraph, perform

14-45  the duties of guardian for not more than 90 days after the date of

15-1  the termination of the temporary guardianship or until the court

15-2  appoints a personal representative of the estate, if any. If the

15-3  temporary guardian is awaiting certification from the appropriate

15-4  authority acknowledging that the guardian has no further liability

15-5  for taxes on the estate and it will take longer than 90 days after the

15-6  date of the termination of the temporary guardianship to receive

15-7  such certification, the temporary guardian must seek approval

15-8  from the court to maintain possession of all or a portion of the

15-9  ward’s property until certification is received.

15-10     (b) If no personal representative has been appointed pursuant

15-11  to chapter 138 or 139 of NRS, the temporary guardian shall pay

15-12  all of the final expenses and outstanding debts of the ward to the

15-13  extent possible using the assets in the possession of the temporary

15-14  guardian.

15-15     Sec. 43. 1.  Except as otherwise provided in this section, by

15-16  specific statute or as ordered by the court, a petitioner in a

15-17  guardianship proceeding shall give notice of the time and place of

15-18  the hearing on the petition to:

15-19     (a) Each interested person or the attorney of the interested

15-20  person;

15-21     (b) Any person entitled to notice pursuant to this chapter or his

15-22  attorney; and

15-23     (c) Any other person who has filed a request for notice in the

15-24  guardianship proceedings.

15-25     2.  The petitioner shall give notice not later than 10 days

15-26  before the date set for the hearing:

15-27     (a) By mailing a copy of the notice by certified, registered or

15-28  ordinary first-class mail to the residence, office or post office

15-29  address of each person required to be notified pursuant to this

15-30  section;

15-31     (b) By personal service; or

15-32     (c) In any other manner ordered by the court, upon a showing

15-33  of good cause.

15-34     3.  If the address or identity of a person required to be notified

15-35  of a hearing on a petition pursuant to this section is not known

15-36  and cannot be ascertained with reasonable diligence, notice must

15-37  be given:

15-38     (a) By publishing a copy of the notice in a newspaper of

15-39  general circulation in the county where the hearing is to be held at

15-40  least once every 7 days for 21 consecutive days, the last

15-41  publication of which must occur not later than 10 days before the

15-42  date set for the hearing; or

15-43     (b) In any other manner ordered by the court, upon a showing

15-44  of good cause.

16-1      4.  For good cause shown, the court may waive the

16-2  requirement of giving notice.

16-3      5.  A person entitled to notice pursuant to this section may

16-4  waive such notice. Such a waiver must be in writing and filed with

16-5  the court.

16-6      6.  On or before the date set for the hearing, the petitioner

16-7  shall file with the court proof of giving notice to each person

16-8  entitled to notice pursuant to this section.

16-9      Sec. 44.  If publication of a notice is required pursuant to this

16-10  chapter, the court may, for good cause shown:

16-11     1.  Allow fewer publications to be made within the time for

16-12  publication; and

16-13     2.  Extend or shorten the time in which the publications must

16-14  be made.

16-15     Sec. 45.  If a petition, notice, objection, consent, waiver or

16-16  other paper may be filed, a true and correct facsimile of it may be

16-17  filed, if the original is filed within a reasonable time or at such

16-18  time prescribed by the court.

16-19     Sec. 46.  All notices required to be given by this chapter may

16-20  be given by the clerk of the court without an order from the court,

16-21  and when so given, for the time and in the manner required by

16-22  law, they are legal and valid as though made upon an order from

16-23  the court. If use of a citation is authorized or required by statute,

16-24  the citation may be issued by the clerk of the court on the request

16-25  of a party or the party’s attorney without a court order, unless an

16-26  order is expressly required by statute.

16-27     Sec. 47.  In addition to any order from which an appeal is

16-28  expressly authorized pursuant to this chapter, an appeal may be

16-29  taken to the Supreme Court within 30 days after its notice of entry

16-30  from an order:

16-31     1.  Granting or revoking letters of guardianship.

16-32     2.  Directing or authorizing the sale or conveyance, or

16-33  confirming the sale, of property of the estate of a ward.

16-34     3.  Settling an account.

16-35     4.  Ordering or authorizing a guardian to act pursuant to

16-36  NRS 159.113.

16-37     5.  Ordering or authorizing the payment of a debt, claim,

16-38  devise, guardian’s fees or attorney’s fees.

16-39     6.  Determining ownership interests in property.

16-40     7.  Granting or denying a petition to enforce the liability of a

16-41  surety.

16-42     8.  Granting or denying a petition for modification or

16-43  termination of a guardianship.

16-44     9.  Granting or denying a petition for removal of a guardian

16-45  or appointment of a successor guardian.

17-1      Sec. 47.5  1.  Before taking any of the following actions, the

17-2  guardian shall petition the court for an order authorizing the

17-3  guardian to:

17-4      (a) Make or change the last will and testament of the ward.

17-5      (b) Make or change the designation of a beneficiary in a will,

17-6  trust, insurance policy, bank account or any other type of asset of

17-7  the ward which includes the designation of a beneficiary.

17-8      (c) Create for the benefit of the ward or others a revocable or

17-9  irrevocable trust of the property of the estate.

17-10     (d) Except as otherwise provided in this paragraph, exercise

17-11  the right of the ward to revoke or modify a revocable trust or to

17-12  surrender the right to revoke or modify a revocable trust. The

17-13  court shall not authorize or require the guardian to exercise the

17-14  right to revoke or modify a revocable trust if the instrument

17-15  governing the trust:

17-16         (1) Evidences an intent of the ward to reserve the right of

17-17  revocation or modification exclusively to the ward;

17-18         (2) Provides expressly that a guardian may not revoke or

17-19  modify the trust; or

17-20         (3) Otherwise evidences an intent that would be

17-21  inconsistent with authorizing or requiring the guardian to exercise

17-22  the right to revoke or modify the trust.

17-23     2.  The court may authorize the guardian to take any action

17-24  described in subsection 1 if, after notice to any person who is

17-25  adversely affected by the proposed action and an opportunity for a

17-26  hearing, the guardian proves by clear and convincing evidence

17-27  that:

17-28     (a) A person has committed or is about to commit any act,

17-29  practice or course of conduct which operates or would operate as

17-30  a fraud or act of exploitation upon the ward or estate of the ward

17-31  and that person:

17-32         (1) Is designated as a beneficiary in or otherwise stands to

17-33  gain from an instrument which was executed by or on behalf of

17-34  the ward; or

17-35         (2) Will benefit from the lack of such an instrument; and

17-36     (b) A reasonably prudent person or the ward, if competent,

17-37  would take the proposed action.

17-38     3.  The petition must be signed by the guardian and contain:

17-39     (a) The name, date of birth and current address of the ward;

17-40     (b) A concise statement as to the condition of the ward’s

17-41  estate; and

17-42     (c) A concise statement as to the necessity for the proposed

17-43  action.

17-44     4.  As used in this section:

18-1      (a) “Exploitation” means any act taken by a person who has

18-2  the trust and confidence of a ward or any use of the power of

18-3  attorney of a ward to:

18-4          (1) Obtain control, through deception, intimidation or

18-5  undue influence, over the money, assets or property of the ward

18-6  with the intention of permanently depriving the ward of the

18-7  ownership, use, benefit or possession of the ward’s money, assets

18-8  or property.

18-9          (2) Convert money, assets or property of the ward with the

18-10  intention of permanently depriving the ward of the ownership, use,

18-11  benefit or possession of his money, assets or property.

18-12  As used in this paragraph, “undue influence” does not include the

18-13  normal influence that one member of a family has over another.

18-14     (b) “Fraud” means an intentional misrepresentation,

18-15  deception or concealment of a material fact known to the person

18-16  with the intent to deprive the ward of the ward’s rights or property

18-17  or to otherwise injure the ward.

18-18     Sec. 48.  NRS 159.013 is hereby amended to read as follows:

18-19     159.013  As used in this chapter, unless the context otherwise

18-20  requires, the words and terms defined in NRS 159.015 to 159.027,

18-21  inclusive, and section 2 of this act, have the meanings ascribed to

18-22  them in those sections.

18-23     Sec. 49.  NRS 159.019 is hereby amended to read as follows:

18-24     159.019  “Incompetent” means an adult person who, by reason

18-25  of mental illness, mental deficiency, disease, weakness of mind or

18-26  any other cause, is unable, without assistance, properly to manage

18-27  and take care of himself or his property[.] , or both. The term

18-28  includes a mentally incapacitated person.

18-29     Sec. 50.  NRS 159.021 is hereby amended to read as follows:

18-30     159.021  [“Institution”] “Care provider” includes any public or

18-31  private institution located within or outside this state which provides

18-32  facilities for the care or maintenance of incompetents, persons of

18-33  limited capacity or minors.

18-34     Sec. 51.  NRS 159.022 is hereby amended to read as follows:

18-35     159.022  A person is of “limited capacity” if [he] :

18-36     1.  The person is able to make independently some but not all

18-37  of the decisions necessary for [his] the person’s own care and the

18-38  management of [his] the person’s property ; and [has attained the

18-39  age of majority.]

18-40     2.  The person is not a minor.

18-41     Sec. 52.  NRS 159.023 is hereby amended to read as follows:

18-42     159.023  “Minor” means any person who [has not arrived at the

18-43  age of majority as provided by the laws of Nevada.] is:

18-44     1.  Less than 18 years of age; or

19-1      2.  Less than 19 years of age if the guardianship is continued

19-2  until the person reaches the age of 19 years pursuant to

19-3  NRS 159.191.

19-4      Sec. 52.5  NRS 159.026 is hereby amended to read as follows:

19-5      159.026  “Special guardian” means a guardian of a person of

19-6  limited capacity [.] , including, without limitation, such a guardian

19-7  who is appointed because a person of limited capacity has

19-8  voluntarily petitioned for the appointment and the court has

19-9  determined that the person has the requisite capacity to make such

19-10  a petition.

19-11     Sec. 53.  NRS 159.033 is hereby amended to read as follows:

19-12     159.033  [The] Except as otherwise provided in this chapter,

19-13  the provisions of this chapter do not apply to guardians ad litem.

19-14     Sec. 54.  NRS 159.035 is hereby amended to read as follows:

19-15     159.035  Any court of competent jurisdiction may appoint:

19-16     1.  Guardians of the person, of the estate , or of the person and

19-17  estate for resident incompetents or resident minors.

19-18     2.  Guardians of the person or of the person and estate for

19-19  incompetents or minors who, although not residents of this state, are

19-20  physically present in this state and whose welfare requires such an

19-21  appointment.

19-22     3.  Guardians of the estate for nonresident incompetents or

19-23  nonresident minors who have property within this state.

19-24     4.  Guardians of the person, of the estate, or of the person and

19-25  estate for incompetents or minors who previously have been

19-26  appointed by the court of another state and who provide proof of

19-27  the filing of an exemplified copy of the order from the court of the

19-28  other state that appointed the guardian and a bond issued in this

19-29  state as ordered by the court of the other state. As used in this

19-30  subsection, “guardian” includes, without limitation, a conservator.

19-31     5.  Special guardians.

19-32     6.  Guardians ad litem.

19-33     Sec. 55.  NRS 159.037 is hereby amended to read as follows:

19-34     159.037  1.  The venue for the appointment of a guardian

19-35  [shall] must be:

19-36     (a) The county where the proposed ward resides; or

19-37     (b) If the proposed ward does not reside in this state, any county

19-38  in which any property of the proposed ward is located, or any

19-39  county in which the proposed ward is physically present.

19-40     2.  [If, under paragraph (b) of subsection 1, the] If the proper

19-41  venue may [properly] be in two or more counties, [then] the county

19-42  in which the proceeding is first commenced [shall be] is the proper

19-43  county in which to continue the proceedings.

20-1      3.  Upon the filing of a petition showing that the proper venue

20-2  is inconvenient, a venue other than that provided in subsection 1

20-3  may accept the proceeding.

20-4      Sec. 56.  NRS 159.043 is hereby amended to read as follows:

20-5      159.043  1.  All petitions filed in any guardianship proceeding

20-6  must bear the title of the court and cause. [It is sufficient for the

20-7  caption to]

20-8      2.  The caption of all petitions and other documents filed in a

20-9  guardianship proceeding must read, “In The Matter of the

20-10  Guardianship of [................, (minor) a(n) .................. Ward” (adult),

20-11  without designating the ward as an incompetent or a person of

20-12  limited capacity.] ................ (the person, the estate, or the person

20-13  and estate), ................ (the legal name of the person), ................

20-14  (adult or minor).

20-15     Sec. 57.  NRS 159.044 is hereby amended to read as follows:

20-16     159.044  1.  Except as otherwise provided in NRS 127.045, a

20-17  proposed ward, a governmental agency, a nonprofit corporation or

20-18  any [concerned] interested person may petition the court for the

20-19  appointment of a guardian.

20-20     2.  [The] To the extent the petitioner knows or reasonably may

20-21  ascertain or obtain, the petition must [state:] include, without

20-22  limitation:

20-23     (a) The name and address of the petitioner.

20-24     (b) The name, [age] date of birth and current address of the

20-25  proposed ward. [If he]

20-26     (c) A copy of one of the following forms of identification of the

20-27  proposed ward which must be placed in the records relating to the

20-28  guardianship proceeding and, except as otherwise required to

20-29  carry out a specific statute, maintained in a confidential manner:

20-30         (1) A social security number;

20-31         (2) A taxpayer identification number;

20-32         (3) A valid driver’s license number;

20-33         (4) A valid identification card number; or

20-34         (5) A valid passport number.

20-35  If the information required pursuant to this paragraph is not

20-36  included with the petition, the information must be provided to the

20-37  court not later than 60 days after the appointment of a guardian or

20-38  as otherwise ordered by the court.

20-39     (d) If the proposed ward is a minor, [the petition must state] the

20-40  date on which he will attain the age of majority and [whether he]

20-41         (1) Whether there is a current order concerning custody

20-42  and, if so, the state in which the order was issued; and

20-43         (2) Whether the petitioner anticipates that the proposed

20-44  ward will need guardianship after attaining the age of majority.

21-1      [(c)] (e) Whether the proposed ward is a resident or nonresident

21-2  of this state.

21-3      [(d)] (f) The names and addresses [, so far as they are known to

21-4  the petitioner,] of the spouse of the proposed ward and the relatives

21-5  of the proposed ward who are within the second degree[.

21-6      (e)] of consanguinity.

21-7      (g) The name , date of birth and current address of the proposed

21-8  guardian.

21-9      [(f) That]

21-10     (h) A copy of one of the following forms of identification of the

21-11  proposed guardian which must be placed in the records relating to

21-12  the guardianship proceeding and, except as otherwise required to

21-13  carry out a specific statute, maintained in a confidential manner:

21-14         (1) A social security number;

21-15         (2) A taxpayer identification number;

21-16         (3) A valid driver’s license number;

21-17         (4) A valid identification card number; or

21-18         (5) A valid passport number.

21-19     (i) Whether the proposed guardian has [never] ever been

21-20  convicted of a felony[.

21-21     (g)] and, if so, information concerning the crime for which he

21-22  was convicted and whether the guardian was placed on probation

21-23  or parole.

21-24     (j) A summary of the reasons why a guardian is needed[.

21-25     (h)] and recent documentation demonstrating the need for a

21-26  guardianship. The documentation may include, without limitation:

21-27         (1) A certificate signed by a physician who is licensed to

21-28  practice medicine in this state stating the need for a guardian;

21-29         (2) A letter signed by any governmental agency in this state

21-30  which conducts investigations stating the need for a guardian; or

21-31         (3) A certificate signed by any other person whom the court

21-32  finds qualified to execute a certificate stating the need for a

21-33  guardian.

21-34     (k) Whether the appointment of a general or a special guardian

21-35  is sought.

21-36     [(i)] (l) A general description and the probable value of the

21-37  property of the proposed ward and any income to which [he]

21-38  the proposed ward is or will be entitled, if the petition is for the

21-39  appointment of a guardian of the estate or a special guardian. If any

21-40  money is paid or is payable to the proposed ward by the United

21-41  States through the Department of Veterans Affairs, the petition must

21-42  so state.

21-43     [(j)] (m) The name and address of any person or [institution]

21-44  care provider having the care, custody or control of the proposed

21-45  ward.

22-1      [(k)] (n) The relationship, if any, of the petitioner to the

22-2  proposed ward and the interest, if any, of the petitioner in the

22-3  appointment.

22-4      [(l)] (o) Requests for any of the specific powers set forth in

22-5  NRS 159.117 to 159.175, inclusive, necessary to enable the

22-6  guardian to carry out the duties of the guardianship.

22-7      [(m)] (p) Whether the guardianship is sought as the result of an

22-8  investigation of a report of abuse or neglect that is conducted

22-9  pursuant to chapter 432B of NRS by an agency which provides child

22-10  welfare services. As used in this paragraph, “agency which provides

22-11  child welfare services” has the meaning ascribed to it in

22-12  NRS 432B.030.

22-13     (q) Whether the proposed ward is a party to any pending

22-14  criminal or civil litigation.

22-15     (r) Whether the guardianship is sought for the purpose of

22-16  initiating litigation.

22-17     (s) Whether the proposed ward has executed a durable power

22-18  of attorney for health care, a durable power of attorney for

22-19  financial matters or a written nomination of guardian and, if so,

22-20  who the named agents are for each document.

22-21     Sec. 58.  NRS 159.046 is hereby amended to read as follows:

22-22     159.046  1.  Upon filing of the petition, or any time thereafter,

22-23  the court may appoint [an investigator to locate] one or more

22-24  investigators to:

22-25     (a) Locate persons who perform services needed by the

22-26  proposed ward and other public and private resources available to

22-27  [him. The] the proposed ward.

22-28     (b) Determine any competing interests in the appointment of a

22-29  guardian.

22-30     (c) Investigate allegations or claims which affect a ward or

22-31  proposed ward.

22-32     2.  An investigator may be an employee of a social service

22-33  agency, family service officer of the court , public guardian,

22-34  physician or other qualified person.

22-35     [2.  The investigator, if one is appointed,]

22-36     3.  An investigator shall file with the court and parties a

22-37  [written report stating his opinion of the nature of the proposed

22-38  ward’s incapacity, if any, and of the] report concerning the scope of

22-39  the appointment of the guardian and any special powers which a

22-40  guardian would need to assist the proposed ward.

22-41     4.  An investigator who is appointed pursuant to this section is

22-42  entitled to reasonable compensation from the estate of the

22-43  proposed ward. If the court finds that a person has unnecessarily

22-44  or unreasonably caused the investigation, the court may order the

23-1  person to pay to the estate of the proposed ward all or part of the

23-2  expenses associated with the investigation.

23-3      Sec. 59.  NRS 159.047 is hereby amended to read as follows:

23-4      159.047  1.  Except as otherwise provided in NRS 159.0475

23-5  and 159.049 to 159.0525, inclusive, [the court,] upon the filing of a

23-6  petition under NRS 159.044, [shall direct] the clerk [to] shall issue a

23-7  citation setting forth a time and place for the hearing and directing

23-8  the persons or [institutions] care provider referred to in subsection 2

23-9  to appear and show cause why a guardian should not be appointed

23-10  for the proposed ward.

23-11     2.  A citation issued under subsection 1 must be served:

23-12     (a) [If the proposed ward is an incompetent or a person of

23-13  limited capacity:

23-14         (1) Upon the spouse and adult children of the incompetent or

23-15  person of limited capacity who are known to exist, or, if there are

23-16  none, upon any parent, brother or sister of the incompetent or person

23-17  of limited capacity;

23-18         (2)] Upon a proposed ward who is 14 years of age or older;

23-19     (b) Upon the spouse of the proposed ward and all other known

23-20  relatives of the proposed ward who are:

23-21         (1) Fourteen years of age or older; and

23-22         (2) Within the second degree of consanguinity;

23-23     (c) Upon the parent or legal guardian of all known relatives of

23-24  the proposed ward who are:

23-25         (1) Less than 14 years of age; and

23-26         (2) Within the second degree of consanguinity;

23-27     (d) If there is no spouse of the proposed ward and there are no

23-28  known relatives of the proposed ward who are within the second

23-29  degree of consanguinity to the proposed ward, upon the office of

23-30  the public guardian of the county where the proposed ward

23-31  resides; and

23-32     (e) Upon any person or officer of [an institution] a care provider

23-33  having the care, custody or control of the [incompetent or person of

23-34  limited capacity; and

23-35         (3) Upon the incompetent or person of limited capacity.

23-36     (b) If the] proposed ward . [is a minor:

23-37         (1) Upon the parents of the minor;

23-38         (2) Upon any person or officer of an institution having care,

23-39  custody or control of the minor; and

23-40         (3) If the minor is 14 years of age or older, upon the minor.]

23-41     Sec. 60.  NRS 159.0475 is hereby amended to read as follows:

23-42     159.0475  1.  A copy of the citation issued pursuant to NRS

23-43  159.047 must be served by [certified] :

24-1      (a) Certified mail, with a return receipt requested, on each

24-2  person required to be served [in subsection 2 of] pursuant to NRS

24-3  159.047 at least 20 days before the hearing[.] ; or

24-4      (b) Personal service in the manner provided pursuant to

24-5  N.R.C.P. 4(d) at least 10 days before the date set for the hearing

24-6  on each person required to be served pursuant to NRS 159.047.

24-7      2.  If none of the persons on whom the citation is to be served

24-8  can, after due diligence, be served by certified mail or personal

24-9  service and this fact is proven, by affidavit, to the satisfaction of the

24-10  court, service of the citation must be made by publication in the

24-11  manner provided by N.R.C.P. 4(e). In all such cases, the citation

24-12  must be published at least 20 days before the date set for the

24-13  hearing.

24-14     3.  A citation need not be served on a person or an officer of [an

24-15  institution] the care provider who has signed the petition or a

24-16  written waiver of service of citation or who makes a general

24-17  appearance.

24-18     4.  If the proposed ward is receiving money paid or payable by

24-19  the United States through the Department of Veterans Affairs, a

24-20  copy of the citation must be mailed to any office of the Department

24-21  of Veterans Affairs in this state[.

24-22     5.  Notice shall be deemed sufficient if each person who is

24-23  required to be served is mailed a copy of the citation at his last

24-24  known address by means of certified mail with return receipt

24-25  requested, and either a postal receipt has been returned evidencing

24-26  delivery or the letter has been returned marked undelivered, but if

24-27  none of the family members to whom notices have been mailed have

24-28  been served, as evidenced by the return letters, notice shall be

24-29  deemed to be sufficient only upon proof of publication of the

24-30  citation.] , unless the Department of Veterans Affairs has executed

24-31  a written waiver of service of citation.

24-32     5.  The court may find that notice is sufficient if:

24-33     (a) The citation has been served by certified mail, with a return

24-34  receipt requested, or by personal service on the proposed ward,

24-35  care provider or public guardian required to be served pursuant to

24-36  NRS 159.047; and

24-37     (b) At least one relative of the proposed ward who is required

24-38  to be served pursuant to NRS 159.047 has been served, as

24-39  evidenced by the return receipt or the certificate of service. If the

24-40  court finds that at least one relative of the proposed ward has not

24-41  received notice that is sufficient, the court will require the citation

24-42  to be published pursuant to subsection 2.

24-43     Sec. 61.  NRS 159.048 is hereby amended to read as follows:

24-44     159.048  The citation issued pursuant to NRS 159.047 must

24-45  state that the:

25-1      1.  Proposed ward may be adjudged to be incompetent or of

25-2  limited capacity and a guardian may be appointed for [him;] the

25-3  proposed ward;

25-4      2.  Proposed ward’s rights may be affected as specified in the

25-5  petition;

25-6      3.  Proposed ward has the right to appear at the hearing and to

25-7  oppose the petition; and

25-8      4.  Proposed ward has the right to be represented by an

25-9  attorney, who may be appointed for [him] the proposed ward by the

25-10  court if [he] the proposed ward is unable to retain one.

25-11     Sec. 62.  NRS 159.0485 is hereby amended to read as follows:

25-12     159.0485  1.  If an adult ward or proposed adult ward is unable

25-13  to retain legal counsel and requests the appointment of counsel, at

25-14  any stage of a proceeding for guardianship and whether or not [he]

25-15  the adult ward or proposed adult ward lacks or appears to lack

25-16  capacity, the court shall, at or before the time of the next hearing,

25-17  appoint an attorney who works for legal aid services, if available, or

25-18  a private attorney to represent [him. The attorney’s fees must be

25-19  paid from the estate of the ward or proposed ward to the extent

25-20  possible.] the adult ward or proposed adult ward. The appointed

25-21  attorney must represent the adult ward or proposed adult ward

25-22  until relieved of the duty by court order.

25-23     2.  The attorney for the adult ward or proposed adult ward is

25-24  entitled to reasonable compensation which must be paid from the

25-25  estate of the adult ward or proposed adult ward and is subject to

25-26  the approval of the court. If the court finds that a person has

25-27  unnecessarily or unreasonably caused the appointment of an

25-28  attorney, the court may order the person to pay to the estate of the

25-29  adult ward or proposed adult ward all or part of the expenses

25-30  associated with the appointment of the attorney.

25-31     Sec. 63.  NRS 159.049 is hereby amended to read as follows:

25-32     159.049  The court may, without issuing a citation, appoint a

25-33  guardian for the proposed ward if the:

25-34     1.  Petitioner is a parent who has sole legal and physical

25-35  custody of the proposed ward as evidenced by a valid court order

25-36  or birth certificate and who is seeking the appointment of a

25-37  guardian for [his] the minor child [who is in the lawful custody of

25-38  the petitioner.] of the parent. If the proposed ward is a minor who is

25-39  14 years of age or older:

25-40     (a) The petition must be accompanied by the written consent of

25-41  the minor to the appointment of the guardian; or

25-42     (b) The minor must consent to the appointment of the guardian

25-43  in open court.

25-44     2.  Petitioner is a foreign guardian of a nonresident proposed

25-45  ward, and the petition is accompanied by [an authenticated] :

26-1      (a) An exemplified copy of the record of [his] the appointment

26-2  of the foreign guardian; and [by evidence]

26-3      (b) Evidence of the existing authority of the foreign guardian.

26-4      Sec. 64.  NRS 159.052 is hereby amended to read as follows:

26-5      159.052  1.  A petitioner may request the court to appoint a

26-6  temporary guardian for a ward who is a minor and who is unable to

26-7  respond to a substantial and immediate risk of physical harm or to a

26-8  need for immediate medical attention. To support the request, the

26-9  petitioner must set forth in a petition and present to the court under

26-10  oath:

26-11     (a) Facts which show that the proposed ward[:

26-12         (1) Faces] faces a substantial and immediate risk of physical

26-13  harm or needs immediate medical attention; and

26-14         [(2) Lacks capacity to respond to the risk of harm or to

26-15  obtain the necessary medical attention; and]

26-16     (b) Facts which show that:

26-17         (1) The petitioner has tried in good faith to notify the persons

26-18  entitled to notice pursuant to NRS 159.047[;] by telephone or in

26-19  writing before the filing of the petition;

26-20         (2) The proposed ward would be exposed to an immediate

26-21  risk of physical harm if the petitioner were to provide notice to the

26-22  persons entitled to notice pursuant to NRS 159.047 before the court

26-23  determines whether to appoint a temporary guardian; or

26-24         (3) Giving notice to the persons entitled to notice pursuant to

26-25  NRS 159.047 is not feasible under the circumstances.

26-26     2.  The court may appoint a temporary guardian to serve for 10

26-27  days if the court:

26-28     (a) Finds reasonable cause to believe that the proposed ward [is

26-29  unable to respond to] may suffer a substantial and immediate risk of

26-30  physical harm or [to a need for] needs immediate medical attention;

26-31  and

26-32     (b) Is satisfied that the petitioner has tried in good faith to notify

26-33  the persons entitled to notice pursuant to NRS 159.047 or that

26-34  giving notice to those persons is not feasible under the

26-35  circumstances, or determines that such notice is not required

26-36  pursuant to subparagraph (2) of paragraph (b) of subsection 1.

26-37     3.  Except as otherwise provided in subsection 4, after the

26-38  appointment of a temporary guardian, the petitioner shall attempt in

26-39  good faith to notify the persons entitled to notice pursuant to NRS

26-40  159.047[.] , including, without limitation, notice of any hearing to

26-41  extend the temporary guardianship. If the petitioner fails to make

26-42  such an effort, the court may terminate the temporary guardianship.

26-43     4.  If, before the appointment of a temporary guardian, the court

26-44  determined that advance notice was not required pursuant to

26-45  subparagraph (2) of paragraph (b) of subsection 1, the petitioner

27-1  shall notify the persons entitled to notice pursuant to NRS 159.047

27-2  without undue delay, but not later than 48 hours after the

27-3  appointment of the temporary guardian or not later than 48 hours

27-4  after [he] the petitioner discovers the existence, identity and

27-5  location of the persons entitled to notice pursuant to that section. If

27-6  the petitioner fails to provide such notice, the court may terminate

27-7  the temporary guardianship.

27-8      5.  [Within] Not later than 10 days after the date of the

27-9  appointment of a temporary guardian pursuant to subsection 2,

27-10  the court shall hold a hearing to determine the need to extend the

27-11  temporary guardianship. Except as otherwise provided in

27-12  [subsection 7,] subsections 7 and 8, if the court finds by clear and

27-13  convincing evidence that the proposed ward is unable to respond to

27-14  a substantial and immediate risk of physical harm or to a need for

27-15  immediate medical attention, the court may extend the temporary

27-16  guardianship until a general or special guardian is appointed, but not

27-17  for more than 30 days.

27-18     6.  If the court appoints a temporary guardian or extends the

27-19  temporary guardianship pursuant to this section, the court shall limit

27-20  the powers of the temporary guardian to those necessary to respond

27-21  to the substantial and immediate risk of physical harm or to a need

27-22  for immediate medical attention.

27-23     7.  The court may not extend a temporary guardianship pursuant

27-24  to subsection 5 beyond the initial period of 10 days unless the

27-25  petitioner demonstrates that:

27-26     (a) The provisions of NRS 159.0475 have been satisfied; or

27-27     (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently

27-28  being undertaken.

27-29     8.  In addition to any other extension granted pursuant to this

27-30  section, the court may extend the temporary guardianship, for

27-31  good cause shown, for not more than two 30-day periods.

27-32     Sec. 65.  NRS 159.0523 is hereby amended to read as follows:

27-33     159.0523  1.  A petitioner may request the court to appoint a

27-34  temporary guardian for a ward who is an adult and who is unable to

27-35  respond to a substantial and immediate risk of physical harm or to a

27-36  need for immediate medical attention. To support the request, the

27-37  petitioner must set forth in a petition and present to the court under

27-38  oath:

27-39     (a) Facts which show that the proposed ward:

27-40         (1) Faces a substantial and immediate risk of physical harm

27-41  or needs immediate medical attention; and

27-42         (2) Lacks capacity to respond to the risk of harm or to obtain

27-43  the necessary medical attention; and

27-44     (b) Facts which show that:

28-1          (1) The petitioner has tried in good faith to notify the persons

28-2  entitled to notice pursuant to NRS 159.047[;] by telephone or in

28-3  writing before the filing of the petition;

28-4          (2) The proposed ward would be exposed to an immediate

28-5  risk of physical harm if the petitioner were to provide notice to the

28-6  persons entitled to notice pursuant to NRS 159.047 before the court

28-7  determines whether to appoint a temporary guardian; or

28-8          (3) Giving notice to the persons entitled to notice pursuant to

28-9  NRS 159.047 is not feasible under the circumstances.

28-10     2.  The court may appoint a temporary guardian to serve for 10

28-11  days if the court:

28-12     (a) Finds reasonable cause to believe that the proposed ward is

28-13  unable to respond to a substantial and immediate risk of physical

28-14  harm or to a need for immediate medical attention;

28-15     (b) Is satisfied that the petitioner has tried in good faith to notify

28-16  the persons entitled to notice pursuant to NRS 159.047 or that

28-17  giving notice to those persons is not feasible under the

28-18  circumstances, or determines that such notice is not required

28-19  pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

28-20     (c) Finds that the petition required pursuant to subsection 1 is

28-21  accompanied by:

28-22         (1) A certificate signed by a physician who is licensed to

28-23  practice in this state which states that the proposed ward is unable to

28-24  respond to a substantial and immediate risk of physical harm or to a

28-25  need for immediate medical attention; or

28-26         (2) The affidavit of the petitioner which explains the reasons

28-27  why the certificate described in subparagraph (1) is not immediately

28-28  obtainable.

28-29     3.  Except as otherwise provided in subsection 4, after the

28-30  appointment of a temporary guardian, the petitioner shall attempt in

28-31  good faith to notify the persons entitled to notice pursuant to NRS

28-32  159.047[.] , including, without limitation, notice of any hearing to

28-33  extend the temporary guardianship. If the petitioner fails to make

28-34  such an effort, the court may terminate the temporary guardianship.

28-35     4.  If, before the appointment of a temporary guardian, the court

28-36  determined that advance notice was not required pursuant to

28-37  subparagraph (2) of paragraph (b) of subsection 1, the petitioner

28-38  shall notify the persons entitled to notice pursuant to NRS 159.047

28-39  without undue delay, but not later than 48 hours after the

28-40  appointment of the temporary guardian or not later than 48 hours

28-41  after [he] the petitioner discovers the existence, identity and

28-42  location of the persons entitled to notice pursuant to that section. If

28-43  the petitioner fails to provide such notice, the court may terminate

28-44  the temporary guardianship.

29-1      5.  [Within] Not later than 10 days after the date of the

29-2  appointment of a temporary guardian pursuant to subsection 2,

29-3  the court shall hold a hearing to determine the need to extend the

29-4  temporary guardianship. Except as otherwise provided in

29-5  [subsection 7,] subsections 7 and 8, the court may extend the

29-6  temporary guardianship until a general or special guardian is

29-7  appointed, but not for more than 30 days, if:

29-8      (a) The certificate required by subsection 2 has been filed and

29-9  the court finds by clear and convincing evidence that the proposed

29-10  ward is unable to respond to a substantial and immediate risk of

29-11  physical harm or to a need for immediate medical attention; or

29-12     (b) The certificate required by subsection 2 has not been filed

29-13  and the court finds by clear and convincing evidence that:

29-14         (1) The proposed ward is unable to respond to a substantial

29-15  and immediate risk of physical harm or to a need for immediate

29-16  medical attention;

29-17         (2) Circumstances have prevented the petitioner or temporary

29-18  guardian from obtaining the certificate required pursuant to

29-19  subsection 2; and

29-20         (3) The extension of the temporary guardianship is necessary

29-21  and in the best interests of the proposed ward.

29-22     6.  If the court appoints a temporary guardian or extends the

29-23  temporary guardianship pursuant to this section, the court shall limit

29-24  the powers of the temporary guardian to those necessary to respond

29-25  to the substantial and immediate risk of physical harm or to a need

29-26  for immediate medical attention.

29-27     7.  The court may not extend a temporary guardianship pursuant

29-28  to subsection 5 beyond the initial period of 10 days unless the

29-29  petitioner demonstrates that:

29-30     (a) The provisions of NRS 159.0475 have been satisfied; or

29-31     (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently

29-32  being undertaken.

29-33     8.  In addition to any other extension granted pursuant to this

29-34  section, the court may extend the temporary guardianship, for

29-35  good cause shown, for not more than two 30-day periods.

29-36     Sec. 66.  NRS 159.0525 is hereby amended to read as follows:

29-37     159.0525  1.  A petitioner may request the court to appoint a

29-38  temporary guardian for a ward who is unable to respond to a

29-39  substantial and immediate risk of financial loss. To support the

29-40  request, the petitioner must set forth in a petition and present to the

29-41  court under oath:

29-42     (a) Facts which show that the proposed ward:

29-43         (1) Faces a substantial and immediate risk of financial loss;

29-44  and

29-45         (2) Lacks capacity to respond to the risk of loss; and

30-1      (b) Facts which show that:

30-2          (1) The petitioner has tried in good faith to notify the persons

30-3  entitled to notice pursuant to NRS 159.047[;] by telephone or in

30-4  writing before the filing of the petition;

30-5          (2) The proposed ward would be exposed to an immediate

30-6  risk of financial loss if the petitioner were to provide notice to the

30-7  persons entitled to notice pursuant to NRS 159.047 before the court

30-8  determines whether to appoint a temporary guardian; or

30-9          (3) Giving notice to the persons entitled to notice pursuant to

30-10  NRS 159.047 is not feasible under the circumstances.

30-11     2.  The court may appoint a temporary guardian to serve for 10

30-12  days if the court:

30-13     (a) Finds reasonable cause to believe that the proposed ward is

30-14  unable to respond to a substantial and immediate risk of financial

30-15  loss;

30-16     (b) Is satisfied that the petitioner has tried in good faith to notify

30-17  the persons entitled to notice pursuant to NRS 159.047 or that

30-18  giving notice to those persons is not feasible under the

30-19  circumstances, or determines that such notice is not required

30-20  pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

30-21     (c) For a proposed ward who is an adult, finds that the petition

30-22  required pursuant to subsection 1 is accompanied by:

30-23         (1) A certificate signed by a physician who is licensed to

30-24  practice in this state which states that the proposed ward is unable to

30-25  respond to a substantial and immediate risk of financial loss; or

30-26         (2) The affidavit of the petitioner which explains the reasons

30-27  why the certificate described in subparagraph (1) is not immediately

30-28  obtainable.

30-29     3.  Except as otherwise provided in subsection 4, after the

30-30  appointment of a temporary guardian, the petitioner shall attempt in

30-31  good faith to notify the persons entitled to notice pursuant to NRS

30-32  159.047[.] , including, without limitation, notice of any hearing to

30-33  extend the temporary guardianship. If the petitioner fails to make

30-34  such an effort, the court may terminate the temporary guardianship.

30-35     4.  If, before the appointment of a temporary guardian, the court

30-36  determined that advance notice was not required pursuant to

30-37  subparagraph (2) of paragraph (b) of subsection 1, the petitioner

30-38  shall notify the persons entitled to notice pursuant to NRS 159.047

30-39  without undue delay, but not later than 48 hours after the

30-40  appointment of the temporary guardian or not later than 48 hours

30-41  after [he] the petitioner discovers the existence, identity and

30-42  location of the persons entitled to notice pursuant to that section. If

30-43  the petitioner fails to provide such notice, the court may terminate

30-44  the temporary guardianship.

31-1      5.  [Within] Not later than 10 days after the date of the

31-2  appointment of a temporary guardian pursuant to subsection 2, the

31-3  court shall hold a hearing to determine the need to extend the

31-4  temporary guardianship. Except as otherwise provided in

31-5  [subsection 7,] subsections 7 and 8, if the proposed ward is a minor

31-6  and the court finds by clear and convincing evidence that the

31-7  proposed ward is unable to respond to a substantial and immediate

31-8  risk of financial loss, the court may extend the temporary

31-9  guardianship until a general or special guardian is appointed, but not

31-10  for more than 30 days. Except as otherwise provided in subsection

31-11  7, if the proposed ward is an adult, the court may extend the

31-12  temporary guardianship until a general or special guardian is

31-13  appointed, but not for more than 30 days, if:

31-14     (a) The certificate required by subsection 2 has been filed and

31-15  the court finds by clear and convincing evidence that the proposed

31-16  ward is unable to respond to a substantial and immediate risk of

31-17  financial loss; or

31-18     (b) The certificate required by subsection 2 has not been filed

31-19  and the court finds by clear and convincing evidence that:

31-20         (1) The proposed ward is unable to respond to a substantial

31-21  and immediate risk of financial loss;

31-22         (2) Circumstances have prevented the petitioner or temporary

31-23  guardian from obtaining the certificate required pursuant to

31-24  subsection 2; and

31-25         (3) The extension of the temporary guardianship is necessary

31-26  and in the best interests of the proposed ward.

31-27     6.  If the court appoints a temporary guardian or extends the

31-28  temporary guardianship pursuant to this section, the court shall limit

31-29  the powers of the temporary guardian to those necessary to respond

31-30  to the substantial and immediate risk of financial loss.

31-31     7.  The court may not extend a temporary guardianship pursuant

31-32  to subsection 5 beyond the initial period of 10 days unless the

31-33  petitioner demonstrates that:

31-34     (a) The provisions of NRS 159.0475 have been satisfied; or

31-35     (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently

31-36  being undertaken.

31-37     8.  In addition to any other extension granted pursuant to this

31-38  section, the court may extend the temporary guardianship, for

31-39  good cause shown, for not more than two 30-day periods.

31-40     Sec. 67.  NRS 159.0535 is hereby amended to read as follows:

31-41     159.0535  1.  [If the] A proposed ward who is found in [the

31-42  State, he] this state must attend the hearing [unless the court for

31-43  good cause excuses him from attending.] for the appointment of a

31-44  guardian unless:

32-1      (a) A certificate signed by a physician who is licensed to

32-2  practice in this state specifically states the condition of the

32-3  proposed ward and the reasons why the proposed ward is unable

32-4  to appear in court; or

32-5      (b) A certificate signed by any other person the court finds

32-6  qualified to execute a certificate stating the condition of the

32-7  proposed ward and the reasons why the proposed ward is unable

32-8  to appear in court.

32-9      2.  If the proposed ward is not in [the State, he] this state, the

32-10  proposed ward must attend the hearing only if the court determines

32-11  that [his] the attendance of the proposed ward is necessary in the

32-12  interests of justice.

32-13     Sec. 68.  NRS 159.054 is hereby amended to read as follows:

32-14     159.054  1.  If the court finds the proposed ward competent

32-15  and not in need of a guardian, [it] the court shall dismiss the

32-16  petition.

32-17     2.  If the court finds the proposed ward to be of limited capacity

32-18  and in need of a special guardian, [it] the court shall enter

32-19  [judgment] an order accordingly and specify the powers and duties

32-20  of the special guardian.

32-21     3.  If the court finds that appointment of a general guardian is

32-22  required, [it] the court shall appoint [such] a general guardian of the

32-23  ward’s person, estate, or person and estate.

32-24     Sec. 69.  NRS 159.055 is hereby amended to read as follows:

32-25     159.055  1.  The petitioner has the burden of proving by clear

32-26  and convincing evidence that the appointment of a guardian of the

32-27  person, of the estate, or of the person and estate is necessary.

32-28     2.  If it appears to the court that the allegations of the petition

32-29  are sufficient and that a guardian should be appointed for the

32-30  proposed ward, the court shall [make] enter an order appointing a

32-31  guardian. The order must:

32-32     (a) Specify whether the guardian appointed is guardian of the

32-33  person, of the estate, of the person and estate or a special guardian;

32-34     (b) Specify whether the ward is a resident or nonresident of this

32-35  state;

32-36     (c) Specify the amount of the bond to be executed and filed by

32-37  the guardian; and

32-38     (d) Designate the names and addresses , [of the heirs at law and

32-39  next of kin of the ward,] so far as may be determined, of:

32-40         (1) The relatives of the proposed ward upon whom notice

32-41  must be served[.

32-42     3.  Any notice required by the provisions of this chapter to be

32-43  given the heirs at law and next of kin of the ward is sufficient if

32-44  mailed to the persons listed in the order of appointment or in any

33-1  amendment to that order which may be made by the court.]

33-2  pursuant to NRS 159.047; and

33-3          (2) Any other interested person.

33-4      3.  A notice of entry of the court order must be sent to:

33-5      (a) The relatives of the proposed ward upon whom notice must

33-6  be served pursuant to NRS 159.047; and

33-7      (b) Any other interested person.

33-8      Sec. 70.  NRS 159.057 is hereby amended to read as follows:

33-9      159.057  1.  Where the appointment of a guardian is sought for

33-10  two or more proposed wards who are children of a common parent,

33-11  parent and child or husband and wife, it is not necessary that

33-12  separate petitions, bonds and other papers be filed with respect to

33-13  each proposed ward or wards.

33-14     2.  If a guardian is appointed for such wards, the guardian

33-15  [shall] :

33-16     (a) Shall keep separate accounts of the estate of each ward[,

33-17  may] ;

33-18     (b) May make investments for each ward[, may] ;

33-19     (c) May compromise and settle claims against one or more

33-20  wards[, and may] ; and

33-21     (d) May sell, lease, mortgage or otherwise manage the property

33-22  of one or more wards.

33-23     3.  The guardianship may be terminated with respect to less

33-24  than all the wards in the same manner as provided by law with

33-25  respect to a guardianship of a single ward.

33-26     Sec. 71.  NRS 159.059 is hereby amended to read as follows:

33-27     159.059  Any qualified person or entity that the court finds

33-28  suitable may serve as a guardian. A person is not qualified to serve

33-29  as a guardian who:

33-30     1.  Is an incompetent.

33-31     2.  Is a minor.

33-32     3.  Has been convicted of a felony[.] , unless the court finds

33-33  that it is in the best interests of the ward to appoint the convicted

33-34  felon as the guardian of the ward.

33-35     4.  Has been suspended for misconduct or disbarred from [the] :

33-36     (a) The practice of law ;

33-37     (b) The practice of accounting; or

33-38     (c) Any other profession which:

33-39         (1) Involves or may involve the management or sale of

33-40  money, investments, securities or real property; and

33-41         (2) Requires licensure in this state or any other

33-42  state,

33-43  during the period of the suspension or disbarment.

33-44     5.  Is a nonresident of this state and [has not:

33-45     (a) Associated] :

34-1      (a) Is not a foreign guardian of a nonresident proposed ward

34-2  pursuant to subsection 2 of NRS 159.049;

34-3      (b) Has not associated as a coguardian, a resident of this state or

34-4  a banking corporation whose principal place of business is in this

34-5  state; and

34-6      [(b) Caused the appointment to be filed]

34-7      (c) Is not a petitioner in the guardianship proceeding.

34-8      6.  Has been judicially determined, by clear and convincing

34-9  evidence, to have committed abuse, neglect or exploitation of a

34-10  child, spouse, parent or other adult [.] , unless the court finds that it

34-11  is in the best interests of the ward to appoint the person as the

34-12  guardian of the ward.

34-13     Sec. 72.  NRS 159.061 is hereby amended to read as follows:

34-14     159.061  1.  The parents of a minor, or either parent, if

34-15  qualified and suitable, are preferred over all others for appointment

34-16  as guardian for the minor. The appointment of a parent as a

34-17  guardian of the person must not conflict with a valid order for

34-18  custody of the minor. In determining whether the parents of a

34-19  minor, or either parent, is qualified and suitable, the court shall

34-20  consider, without limitation:

34-21     (a) Which parent has physical custody of the minor;

34-22     (b) The ability of the parents or parent to provide for the basic

34-23  needs of the child, including, without limitation, food, shelter,

34-24  clothing and medical care;

34-25     (c) Whether the parents or parent has engaged in the habitual use

34-26  of alcohol or any controlled substance during the previous 6 months,

34-27  except the use of marijuana in accordance with the provisions of

34-28  chapter 453A of NRS; and

34-29     (d) Whether the parents or parent has been convicted of a crime

34-30  of moral turpitude, a crime involving domestic violence or a crime

34-31  involving the exploitation of a child.

34-32     2.  Subject to the preference set forth in subsection 1, the court

34-33  shall appoint as guardian for an incompetent, a person of limited

34-34  capacity or minor the qualified person who is most suitable and is

34-35  willing to serve.

34-36     3.  In determining who is most suitable, the court shall give

34-37  consideration, among other factors, to:

34-38     (a) Any request for the appointment as guardian for an

34-39  incompetent contained in a written instrument executed by the

34-40  incompetent while competent.

34-41     (b) Any nomination of a guardian for an incompetent, minor or

34-42  person of limited capacity contained in a will or other written

34-43  instrument executed by a parent or spouse of the proposed ward.

34-44     (c) Any request for the appointment as guardian for a minor 14

34-45  years of age or older made by the minor.

35-1      (d) The relationship by blood , adoption or marriage of the

35-2  proposed guardian to the proposed ward. In considering

35-3  preferences of appointment, the court may consider relatives of the

35-4  half blood equally with those of the whole blood. The court may

35-5  consider relatives in the following order of preference:

35-6          (1) Spouse.

35-7          (2) Adult child.

35-8          (3) Parent.

35-9          (4) Adult sibling.

35-10         (5) Grandparent or adult grandchild.

35-11         (6) Uncle, aunt, adult niece or adult nephew.

35-12     (e) Any recommendation made by a master of the court or

35-13  special master pursuant to NRS 159.0615.

35-14     (f) Any request for the appointment of any other interested

35-15  person that the court deems appropriate.

35-16     4.  If the court finds that there is no suitable person to appoint

35-17  as guardian pursuant to subsection 3, the court shall appoint as

35-18  guardian:

35-19     (a) The public guardian of the county where the ward resides,

35-20  if:

35-21         (1) There is a public guardian in the county where the ward

35-22  resides; and

35-23         (2) The proposed ward qualifies for a public guardian

35-24  pursuant to chapter 253 of NRS; or

35-25     (b) A private fiduciary who may obtain a bond in this state and

35-26  who is a resident of this state, if:

35-27         (1) There is not a public guardian in the county where the

35-28  ward resides;

35-29         (2) The proposed ward does not qualify for a public

35-30  guardian; or

35-31         (3) The court finds that the interests of the ward will not be

35-32  served appropriately by the appointment of a public guardian.

35-33     Sec. 73.  NRS 159.0615 is hereby amended to read as follows:

35-34     159.0615  1.  If the court determines that a person [is] may be

35-35  in need of a guardian , [pursuant to NRS 159.054,] the court may

35-36  order the appointment of a master of the court or a special master

35-37  from among the members of the State Bar of Nevada to conduct a

35-38  hearing to identify the person most qualified and suitable to serve as

35-39  guardian for the proposed ward.

35-40     2.  Not later than 5 calendar days after the date of the hearing,

35-41  the master of the court or special master shall prepare and submit to

35-42  the court [his] a recommendation regarding which person is most

35-43  qualified and suitable to serve as guardian for the proposed ward.

 

 

36-1      Sec. 74.  NRS 159.0617 is hereby amended to read as follows:

36-2      159.0617  If the court or a master of the court or [a] special

36-3  master appointed pursuant to NRS 159.0615 finds that [a person,

36-4  including, but not limited to,] a parent or other relative, teacher,

36-5  friend or neighbor of a proposed ward[:] or any other interested

36-6  person:

36-7      1.  Has a personal interest in the well-being of the proposed

36-8  ward; or

36-9      2.  Possesses information that is relevant to the determination of

36-10  who should serve as guardian for the proposed ward,

36-11  the court or a master of the court or [a] special master appointed

36-12  pursuant to NRS 159.0615 may allow the person to testify at any

36-13  hearing held pursuant to this chapter to determine the person most

36-14  qualified and suitable to serve as guardian for the proposed ward.

36-15     Sec. 75.  NRS 159.065 is hereby amended to read as follows:

36-16     159.065  1.  Except as otherwise provided by law, every

36-17  guardian shall, before entering upon his duties as guardian, execute

36-18  and file in the guardianship proceeding a bond, with sufficient

36-19  surety or sureties, in such amount as the court determines necessary

36-20  for the protection of the ward and the estate of the ward, and

36-21  conditioned upon the faithful discharge by the guardian of his

36-22  authority and duties according to law. The bond [shall] must be

36-23  approved by the clerk. Sureties [shall] must be jointly and severally

36-24  liable with the guardian and with each other.

36-25     2.  If a banking corporation, as defined in NRS 657.016, doing

36-26  business in this state, is appointed guardian of the estate of a ward,

36-27  no bond [shall be] is required of [such] the guardian, unless

36-28  specifically required by the court.

36-29     3.  Joint guardians may unite in a bond to the ward or wards, or

36-30  each may give a separate bond.

36-31     4.  If there are no assets of the ward, no bond [shall be] is

36-32  required of the guardian.

36-33     5.  If a person is appointed in a will to be guardian and the will

36-34  provides that no bond is to be required of [such] the guardian, the

36-35  court may direct letters of guardianship to issue to the [person on his

36-36  taking and subscribing] guardian after the guardian:

36-37     (a) Takes and subscribes the oath of office ; and [filing his]

36-38     (b) Files the appropriate documents which contain the full

36-39  legal name and address [in the proceeding.] of the guardian.

36-40     6.  In lieu of executing and filing a bond, the guardian may

36-41  request that access to certain assets be blocked. The court may

36-42  grant the request and order letters of guardianship to issue to the

36-43  guardian if sufficient evidence is filed with the court to establish

36-44  that such assets are being held in a manner that prevents the

36-45  guardian from accessing the assets without a specific court order.

37-1      Sec. 76.  NRS 159.073 is hereby amended to read as follows:

37-2      159.073  Every guardian shall, before entering upon his duties

37-3  as guardian and before letters of guardianship may issue[, take] :

37-4      1.  Take and subscribe the official oath [and file in the

37-5  proceeding his name, residence and post office address. The oath, to

37-6  be] which must:

37-7      (a) Be endorsed on the letters of guardianship [must state that

37-8  he] ; and

37-9      (b) State that the guardian will well and faithfully perform the

37-10  duties of guardian according to law.

37-11     2.  File in the proceeding the appropriate documents which

37-12  include, without limitation, the full legal name of the guardian

37-13  and his residence and post office addresses.

37-14     Sec. 77.  NRS 159.074 is hereby amended to read as follows:

37-15     159.074  [Before letters of guardianship may issue, a]

37-16     1.  A copy of the order appointing the guardian must be served

37-17  personally or by mail upon the ward[.] not later than 5 days after

37-18  the date of the appointment of the guardian.

37-19     2.  The order must contain the names, addresses and telephone

37-20  numbers of the guardian, the ward’s attorney, if any, and the

37-21  investigator.

37-22     3.  A notice of entry of the order must be filed with the court.

37-23     Sec. 78.  NRS 159.075 is hereby amended to read as follows:

37-24     159.075  When a guardian has taken the official oath and filed a

37-25  bond as provided [herein,] in this chapter, the court shall [cause to

37-26  be issued] order letters of guardianship to issue to the guardian.

37-27  Letters of guardianship may be in the following form:

 

37-28  State of Nevada      }

37-29                          }ss.

37-30  County of}

 

37-31  [To All To Whom These Presents Come, Greeting:

37-32     Know Ye, that on] On .......... (month) .......... (day) ..........(year)

37-33  the ................ Judicial District Court, ................ County, State of

37-34  Nevada, appointed......................... (name of guardian)

37-35  ...........................(guardian of the person or estate or person and

37-36  estate or special guardian) for ........................, (name of ward) a(n)

37-37  ........................., (minor or adult) that the named guardian has

37-38  qualified and has the authority and shall perform the duties of

37-39  .............................................................................. (guardian of the

37-40  person or estate or person and estate or special guardian) for the

37-41  named ward as provided by law.

 

38-1  In Testimony Whereof, I have hereunto subscribed my name and

38-2  affixed the seal of the court at my office on .......... (month) ..........

38-3  (day) .......... (year).

 

38-4                                     .........................................

38-5                                                    Clerk

38-6  (SEAL)

38-7                                                                               .........................................

38-8                                              Deputy Clerk

 

38-9      Sec. 79.  NRS 159.079 is hereby amended to read as follows:

38-10     159.079  1.  Except as otherwise ordered by the court, a

38-11  guardian of the person has the care, custody and control of the

38-12  person of the ward, and has the authority and, subject to subsection

38-13  2, shall perform the duties necessary for the proper care,

38-14  maintenance, education and support of the ward, including the

38-15  following:

38-16     (a) Supplying the ward with food, clothing, shelter and all

38-17  incidental necessaries.

38-18     (b) Authorizing medical, surgical, dental, psychiatric,

38-19  psychological, hygienic or other remedial care and treatment for the

38-20  ward.

38-21     (c) Seeing that the ward is properly trained and educated and

38-22  that [he] the ward has the opportunity to learn a trade, occupation or

38-23  profession.

38-24     2.  In the performance of the duties enumerated in subsection 1

38-25  by a guardian of the person, due regard must be given to the extent

38-26  of the estate of the ward. A guardian of the person is not required to

38-27  incur expenses on behalf of the ward except to the extent that the

38-28  estate of the ward is sufficient to reimburse the guardian.

38-29     3.  This section does not relieve a parent or other person of any

38-30  duty required by law to provide for the care, support and

38-31  maintenance of any dependent.

38-32     Sec. 80.  NRS 159.0795 is hereby amended to read as follows:

38-33     159.0795  1.  A special guardian shall exercise [his]

38-34  supervisory authority over the ward in a manner which is least

38-35  restrictive of the ward’s personal freedom and which is consistent

38-36  with the ward’s need for supervision and protection.

38-37     2.  A special guardian has the powers set forth in the order

38-38  appointing the special guardian and any other powers given to

38-39  him in an emergency which are necessary and consistent to

38-40  resolve the emergency or protect the ward from imminent harm.

38-41     Sec. 81.  NRS 159.0801 is hereby amended to read as follows:

38-42     159.0801  1.  Except when responding to an emergency, a

38-43  special guardian of a person of limited capacity shall apply to the

39-1  court for instruction or approval before commencing any act

39-2  relating to the person of limited capacity.

39-3      2.  The court may grant a special guardian of a person of limited

39-4  capacity the power to manage and dispose of [his ward’s] the estate

39-5  of the ward pursuant to NRS 159.117 to 159.175, inclusive, and

39-6  perform any other act relating to the ward upon specific instructions

39-7  or approval of the court.

39-8      Sec. 82.  NRS 159.0805 is hereby amended to read as follows:

39-9      159.0805  [A]

39-10     1.  Except as otherwise provided in subsection 2, a guardian

39-11  shall not consent to :

39-12     (a) The experimental , medical, biomedical or behavioral

39-13  treatment[, or] of a ward;

39-14     (b) The sterilization of a ward[, or to the ward’s] ;

39-15     (c) The participation of a ward in any biomedical or behavioral

39-16  experiment[, unless he is specifically empowered to do so by the

39-17  court.] ; or

39-18     (d) The commitment of a ward to a mental health facility.

39-19     2.  The guardian may consent to and commence any

39-20  treatment, experiment or commitment described in subsection 1 if

39-21  the guardian applies to and obtains from the court authority to

39-22  consent to and commence the treatment, experiment or

39-23  commitment.

39-24     3.  The court may authorize [experimental treatment or

39-25  participation] the guardian to consent to and commence any

39-26  treatment, experiment or commitment described in subsection 1

39-27  only if[:

39-28     1.  It is] the treatment, experiment or commitment:

39-29     (a) Is of direct benefit to, and intended to preserve the life of or

39-30  prevent serious impairment to the mental or physical health of, the

39-31  ward; or

39-32     [2.  It is]

39-33     (b) Is intended to assist the ward to develop or regain [his] the

39-34  ward’s abilities.

39-35     Sec. 83.  NRS 159.081 is hereby amended to read as follows:

39-36     159.081  1.  A guardian of the person shall make and file in

39-37  the guardianship proceeding for review of the court a written report

39-38  on the condition of the ward and the exercise of authority and

39-39  performance of duties by the guardian:

39-40     (a) Annually [within] , not later than 60 days after the

39-41  anniversary date of [his appointment;] the appointment of the

39-42  guardian; and

39-43     (b) At such other times as the court may order.

39-44     2.  The guardian of the person shall give to the guardian of the

39-45  estate, if any, a copy of each report [within] not later than 30 days

40-1  after [such report has been] the date the report is filed with the

40-2  court.

40-3      3.  The court is not required to hold a hearing or enter an

40-4  order regarding the report.

40-5      Sec. 84.  NRS 159.085 is hereby amended to read as follows:

40-6      159.085  1.  [Within] Not later than 60 days after the date of

40-7  [his appointment,] the appointment of a general or special

40-8  guardian of the estate or, if necessary, such further time as the court

40-9  may allow, [a guardian of the estate] the guardian shall make and

40-10  file in the guardianship proceeding a verified inventory of all of the

40-11  property of the ward which comes to [his] the possession or

40-12  knowledge[.] of the guardian.

40-13     2.  A temporary guardian of the estate who is not appointed as

40-14  the general or special guardian shall file an inventory with the

40-15  court by not later than the date on which the temporary guardian

40-16  files a final accounting as required pursuant to NRS 159.177.

40-17     3.  The guardian shall take and subscribe an oath, which must

40-18  be endorsed or attached to the inventory, before any person

40-19  authorized to administer oaths, that the inventory contains a true

40-20  statement of:

40-21     (a) All of the estate of the ward which has come into the

40-22  possession of the guardian;

40-23     (b) All of the money that belongs to the ward; and

40-24     (c) All of the just claims of the ward against the guardian.

40-25     4.  Whenever any property of the ward not mentioned in the

40-26  inventory comes to the possession or knowledge of a guardian of the

40-27  estate, [he shall make] the guardian shall:

40-28     (a) Make and file in the proceeding a verified supplemental

40-29  inventory [within] not later than 30 days after the date the property

40-30  comes to [his] the possession or knowledge of the guardian; or

40-31  [include]

40-32     (b) Include the property in [his] the next accounting.

40-33     5.  The court may order which of the two methods described in

40-34  subsection 4 the guardian shall follow.

40-35     [3.] 6. The court may order all or any part of the property of the

40-36  ward appraised as provided in [NRS 144.020, 144.025, 144.030,

40-37  144.070 and 144.090.] sections 6 and 7 of this act.

40-38     7.  If the guardian neglects or refuses to file the inventory

40-39  within the time required pursuant to subsection 1, the court may,

40-40  for good cause shown and upon such notice as the court deems

40-41  appropriate:

40-42     (a) Revoke the letters of guardianship and the guardian shall

40-43  be liable on the bond for any loss or injury to the estate caused by

40-44  the neglect of the guardian; or

41-1      (b) Enter a judgment for any loss or injury to the estate caused

41-2  by the neglect of the guardian.

41-3      Sec. 85.  NRS 159.087 is hereby amended to read as follows:

41-4      159.087  [Within] Not later than 60 days after the date of [his

41-5  appointment,] the appointment of a guardian of the estate , the

41-6  guardian shall cause to be recorded, in the official records of each

41-7  county in which real property of the ward is [situated] located other

41-8  than the county in which the guardian is appointed, a copy, certified

41-9  by the clerk of the court, of the [order of appointment.] letters of

41-10  guardianship.

41-11     Sec. 86.  NRS 159.089 is hereby amended to read as follows:

41-12     159.089  1.  A guardian of the estate shall take possession of

41-13  [all] :

41-14     (a) All of the property of substantial value of the ward[, of

41-15  rents,] ;

41-16     (b) Rents, income, issues and profits from [such] the property,

41-17  whether accruing before or after the appointment of the guardian[,

41-18  and of the] ; and

41-19     (c) The proceeds from the sale, mortgage, lease or other

41-20  disposition of [such] the property.

41-21     2.  The guardian may permit the ward to have possession and

41-22  control of [such] the personal property and funds as are appropriate

41-23  to the needs and capacities of the ward.

41-24     3.  The title to all property of the ward is in the ward and not in

41-25  the guardian.

41-26     4.  A guardian shall secure originals, when available, or

41-27  copies of any:

41-28     (a) Contract executed by the ward;

41-29     (b) Power of attorney executed by the ward;

41-30     (c) Estate planning document prepared by the ward, including,

41-31  without limitation, a last will and testament, durable power of

41-32  attorney and revocable trust of the ward;

41-33     (d) Revocable or irrevocable trust in which the ward has a

41-34  vested interest as a beneficiary; and

41-35     (e) Writing evidencing a present or future vested interest in

41-36  any real or intangible property.

41-37     Sec. 87.  NRS 159.091 is hereby amended to read as follows:

41-38     159.091  Upon the filing of a petition in the guardianship

41-39  proceeding by the guardian, the ward or any other interested person,

41-40  alleging that any person is indebted to the ward, has or is suspected

41-41  of having concealed, embezzled, converted or disposed of any

41-42  property of the ward or has possession or knowledge of any such

41-43  property or of any writing relating to such property, the court may

41-44  require [such] the person to appear and answer under oath

42-1  concerning the matter . [, and proceed as provided in NRS 143.110

42-2  and 143.120.]

42-3      Sec. 88.  NRS 159.093 is hereby amended to read as follows:

42-4      159.093  1.  A guardian of the estate [shall demand,] :

42-5      (a) Shall demand all debts and other choses in action due to

42-6  the ward; and

42-7      (b) With prior approval of the court, may sue for and receive all

42-8  debts and other choses in action due to the ward.

42-9      2.  A guardian of the estate, with prior approval of the court by

42-10  order, may compound or compromise any [such] debt or other chose

42-11  in action due the ward and give a release and discharge to the debtor

42-12  or other obligor.

42-13     Sec. 89.  NRS 159.095 is hereby amended to read as follows:

42-14     159.095  1.  A guardian of the estate shall appear for and

42-15  represent the ward in all actions, suits or proceedings to which the

42-16  ward is a party, unless a guardian ad litem is appointed in the action,

42-17  suit or proceeding. If a guardian ad litem is appointed in the

42-18  action, suit or proceeding, the guardian of the estate shall notify

42-19  the court that the guardian ad litem has been appointed in the

42-20  action, suit or proceeding.

42-21     2.  Upon final resolution of the action, suit or proceeding, the

42-22  guardian of the estate shall notify the court of the outcome of the

42-23  action, suit or proceeding.

42-24     3.  If the person of the ward would be affected by the outcome

42-25  of any action, suit or proceeding, the guardian of the person, if any,

42-26  should be joined to represent the ward in [such] the action, suit or

42-27  proceeding.

42-28     Sec. 90.  NRS 159.105 is hereby amended to read as follows:

42-29     159.105  [A]

42-30     1.  Other than claims for attorney’s fees that are subject to the

42-31  provisions of subsection 3, a guardian of the estate may pay from

42-32  the guardianship estate [his own] the following claims without

42-33  complying with the provisions of this section and NRS 159.107

42-34  and 159.109:

42-35     (a) The guardian’s claims against the ward or the estate ; and

42-36     (b) Any claims accruing after the appointment of the guardian

42-37  [arising] which arise from contracts entered into by the guardian on

42-38  behalf of the ward . [, without complying with NRS 159.105 to

42-39  159.109, inclusive, but such]

42-40     2.  The guardian shall report all claims and the payment

42-41  [thereof shall be reported by the guardian in his account made and

42-42  filed] of claims made pursuant to subsection 1 in the account that

42-43  the guardian makes and files in the guardianship proceeding

42-44  following each [such] payment.

43-1      3.  Claims for attorney’s fees which are associated with the

43-2  commencement and administration of the guardianship of the

43-3  estate:

43-4      (a) May be made at the time of the appointment of the

43-5  guardian of the estate or any time thereafter; and

43-6      (b) May not be paid from the guardianship estate unless the

43-7  payment is made in compliance with the provisions of this section

43-8  and NRS 159.107 and 159.109.

43-9      Sec. 91.  NRS 159.109 is hereby amended to read as follows:

43-10     159.109  1.  A guardian of the estate shall examine each claim

43-11  presented to him[.] for payment. If the guardian is satisfied that the

43-12  claim is appropriate and just, [he] the guardian shall:

43-13     (a) Endorse upon [it] the claim the words “examined and

43-14  allowed” and the date;

43-15     (b) Officially subscribe [such] the notation; and

43-16     (c) Pay the claim from the guardianship estate.

43-17     2.  If the guardian is not satisfied that the claim is just, [he] the

43-18  guardian shall:

43-19     (a) Endorse upon [it] the claim the words “examined and

43-20  rejected” and the date;

43-21     (b) Officially subscribe [such] the notation; and

43-22     (c) [Within] Not later than 60 days after the date the claim was

43-23  presented to the guardian, notify the claimant by personal service or

43-24  by mailing a notice by registered or certified mail that the claim was

43-25  rejected.

43-26     Sec. 92.  NRS 159.111 is hereby amended to read as follows:

43-27     159.111  1.  If, [within] not later than 60 days after the date

43-28  the claim was presented to the guardian, a rejected claim is returned

43-29  to the claimant or the guardian of the estate fails to approve or reject

43-30  and return a claim, the claimant, before the claim is barred by the

43-31  statute of limitations, may:

43-32     (a) File a petition for approval of the [claim or a like] rejected

43-33  claim in the guardianship proceeding for summary determination by

43-34  the court; or

43-35     (b) Commence an action or suit on the claim[. Such action or

43-36  suit shall be brought] against the guardian in [his] the guardian’s

43-37  fiduciary capacity and any judgment or decree obtained [shall] must

43-38  be satisfied only from property of the ward.

43-39     2.  If a claimant files a request for approval of a rejected claim

43-40  or a like claim in the guardianship proceeding for summary

43-41  determination, the claimant shall serve notice [of such filing] that he

43-42  has filed such a request on the guardian. [Within]

43-43     3.  Not later than 20 days after [such] the date of service , the

43-44  guardian may serve notice of objection to summary determination

43-45  on the claimant . [and file a copy of such notice in the guardianship

44-1  proceeding.] If the guardian serves [such] the claimant with notice

44-2  and files [such copy,] a copy of the notice with the court, the court

44-3  shall not enter a summary determination [shall not be had.] and the

44-4  claimant may commence an action or suit on the claim against the

44-5  guardian in the guardian’s fiduciary capacity as provided in

44-6  subsection 1.

44-7      4.  If the guardian fails to serve [such notice and file such copy]

44-8  the claimant with notice of objection to summary determination or

44-9  file a copy of the notice with the court, the court[, after notice to

44-10  the claimant and guardian, shall hear] shall:

44-11     (a) Hear the matter[,] and determine the claim or like claim in

44-12  a summary manner ; and [make an]

44-13     (b) Enter an order allowing or rejecting the claim, either in

44-14  whole or in part. No appeal may be taken from [such order.

44-15     3.  If the guardian rejects summary determination of the claim,

44-16  the claimant may then commence an action or suit on the claim as

44-17  provided in subsection 1.] the order.

44-18     Sec. 93.  NRS 159.113 is hereby amended to read as follows:

44-19  159.113  1.  [At any time after his appointment,] Before taking

44-20  any of the following actions, the guardian [of the estate may] shall

44-21  petition the court for an order authorizing the guardian to:

44-22     (a) Invest the property of the ward.

44-23     (b) Continue the business of the ward.

44-24     (c) Borrow money for the ward.

44-25     (d) [Enter] Except as otherwise provided in NRS 159.079, enter

44-26  into contracts for the ward or complete the performance of contracts

44-27  of the ward.

44-28     (e) Make gifts from the ward’s estate or make expenditures for

44-29  the ward’s relatives.

44-30     (f) Sell, lease, place into any type of trust or surrender any

44-31  property of the ward.

44-32     (g) Exchange or partition the ward’s property.

44-33     (h) Obtain advice, instructions and approval of any other

44-34  proposed act of the guardian relating to the ward’s property.

44-35     (i) Release the power of the ward as trustee, personal

44-36  representative, custodian for a minor or guardian.

44-37     (j) Exercise or release the power of the ward as a donee of a

44-38  power of appointment.

44-39     (k) Change the state of residence or domicile of the ward.

44-40     (l) Exercise the right of the ward to take under or against a

44-41  will.

44-42     (m) Transfer to a trust created by the ward any property

44-43  unintentionally omitted from the trust.

44-44     (n) Submit a revocable trust to the jurisdiction of the court if:

45-1          (1) The ward or the spouse of the ward, or both, are the

45-2  grantors and sole beneficiaries of the income of the trust; or

45-3          (2) The trust was created by the court.

45-4      (o) Take any other action which the guardian deems would be

45-5  in the best interests of the ward.

45-6      2.  The petition must be signed by the guardian and contain:

45-7      (a) The name, age, residence and address of the ward.

45-8      (b) A concise statement as to the condition of the ward’s estate.

45-9      (c) A concise statement as to the advantage to the ward of or the

45-10  necessity for the proposed action.

45-11     (d) The terms and conditions of any proposed sale, lease,

45-12  partition, trust, exchange or investment, and a specific description of

45-13  any property involved.

45-14     3.  Any of the matters set forth in subsection 1 may be

45-15  consolidated in one petition, and the court may enter one order

45-16  authorizing or directing the guardian to do one or more of those acts.

45-17     4.  A petition filed pursuant to paragraphs (b) and (d) of

45-18  subsection 1 may be consolidated in and filed with the petition for

45-19  the appointment of the guardian, and if the guardian is appointed the

45-20  court may enter additional orders authorizing the guardian to

45-21  continue the business of the ward, enter contracts for the ward, or to

45-22  complete contracts of the ward.

45-23     Sec. 94.  NRS 159.115 is hereby amended to read as follows:

45-24     159.115  1.  Upon the filing of any petition under NRS

45-25  159.113 [,] or section 47.5 of this act, or any account, notice must

45-26  be given [in accordance with NRS 155.010 to 155.090, inclusive.] :

45-27     (a) At least 10 days before the date set for the hearing, by

45-28  mailing a copy of the notice by regular mail to the residence,

45-29  office or post office address of each person required to be notified

45-30  pursuant to subsection 3;

45-31     (b) At least 10 days before the date set for the hearing, by

45-32  personal service;

45-33     (c) If the address or identity of the person is not known and

45-34  cannot be ascertained with reasonable diligence, by publishing a

45-35  copy of the notice in a newspaper of general circulation in the

45-36  county where the hearing is to be held, the last publication of

45-37  which must be published at least 10 days before the date set for the

45-38  hearing; or

45-39     (d) In any other manner ordered by the court, for good cause

45-40  shown.

45-41     2.  The notice must:

45-42     (a) Give the name of the ward.

45-43     (b) Give the name of the petitioner.

45-44     (c) Give the date, time and place of the hearing.

45-45     (d) State the nature of the petition.

46-1      (e) Refer to the petition for further particulars, and notify all

46-2  persons interested to appear at the time and place mentioned in the

46-3  notice and show cause why the court order should not be made.

46-4      [2.] 3.  At least 10 days before the [day of] date set for the

46-5  hearing, the petitioner shall cause a copy of the notice to be mailed

46-6  to the following:

46-7      (a) Any minor ward [over the age of] who is 14 years[.] of age

46-8  or older or the parent or legal guardian of any minor ward who is

46-9  less than 14 years of age.

46-10     (b) The spouse of the ward and other heirs [at law and next of

46-11  kin,] of the ward who are related within the second degree of

46-12  consanguinity so far as known to the petitioner . [, of the ward.]

46-13     (c) The guardian of the person of the ward, if [he] the guardian

46-14  is not the petitioner.

46-15     (d) Any person or [institution] care provider having the care,

46-16  custody or control of the ward.

46-17     (e) Any office of the Department of Veterans Affairs in this state

46-18  if the ward is receiving any payments or benefits through the

46-19  Department of Veterans Affairs.

46-20     (f) Any other interested person or his attorney who has filed a

46-21  request for notice in the guardianship proceeding and served a copy

46-22  of the request upon the guardian. The request for notice must state

46-23  the interest of the person filing the request, and his name and

46-24  address, or that of his attorney. If the notice so requests, copies of all

46-25  petitions and accounts must be mailed to [that] the interested person

46-26  or his attorney.

46-27     4.  An interested person who is entitled to notice pursuant to

46-28  subsection 3 may, in writing, waive notice of the hearing of a

46-29  petition.

46-30     5.  Proof of giving notice must be:

46-31     (a) Made on or before the date set for the hearing; and

46-32     (b) Filed in the guardianship proceeding.

46-33     Sec. 95.  NRS 159.117 is hereby amended to read as follows:

46-34     159.117  1.  Upon approval of the court by order, a guardian

46-35  of the estate may:

46-36     (a) Invest the property of the ward, make loans and accept

46-37  security therefor, in the manner and to the extent authorized by the

46-38  court.

46-39     (b) Exercise options of the ward to purchase or exchange

46-40  securities or other property.

46-41     2.  A guardian of the estate may, without securing the prior

46-42  approval of the court, invest the property of the ward in the

46-43  following:

46-44     (a) Savings accounts in any bank, credit union or savings and

46-45  loan association in this state, to the extent that [such] the deposits

47-1  are insured by the Federal Deposit Insurance Corporation, the

47-2  National Credit Union Share Insurance Fund or a private insurer

47-3  approved pursuant to NRS 678.755.

47-4      (b) Interest-bearing obligations of or fully guaranteed by the

47-5  United States.

47-6      (c) Interest-bearing obligations of the United States Postal

47-7  Service.

47-8      (d) Interest-bearing obligations of the Federal National

47-9  Mortgage Association.

47-10     (e) Interest-bearing general obligations of this state.

47-11     (f) Interest-bearing general obligations of any county, city or

47-12  school district of this state.

47-13     (g) Money market mutual funds which are invested only in those

47-14  instruments listed in paragraphs (a) to (f), inclusive.

47-15     3.  A guardian of the estate for two or more wards may invest

47-16  the property of two or more of the wards in property in which each

47-17  ward whose property is so invested has an undivided interest. The

47-18  guardian shall keep a separate record showing the interest of each

47-19  ward in the investment and in the income, profits or proceeds

47-20  therefrom.

47-21     4.  Upon approval of the court, for a period authorized by the

47-22  court, a guardian of the estate may maintain the assets of the ward

47-23  in the manner in which the ward had invested the assets before the

47-24  ward’s incapacity.

47-25     Sec. 96. NRS 159.119 is hereby amended to read as follows:

47-26     159.119  A guardian of the estate, with prior approval of the

47-27  court by order, may continue any business of the ward. The order

47-28  may provide for any one or more of the following:

47-29     1.  The conduct or reorganization of the business solely by the

47-30  guardian, jointly by the guardian with one or more of the ward’s

47-31  partners , shareholders, members, or joint venturers or as a

47-32  corporation or limited-liability company of which the ward is or

47-33  becomes a shareholder[.] or member.

47-34     2.  The extent to which the guardian may incur liability of the

47-35  estate of the ward for obligations arising from the continuation of

47-36  the business.

47-37     3.  Whether liabilities incurred in the conduct of the business

47-38  are to be chargeable solely to the part of the estate of the ward

47-39  allocated for use in the business or to the estate as a whole.

47-40     4.  The period of time during which the business may be

47-41  conducted.

47-42     5.  [Such] Any other conditions, restrictions, regulations and

47-43  requirements as the court considers proper.

 

 

48-1      Sec. 97.  NRS 159.125 is hereby amended to read as follows:

48-2      159.125  1.  A guardian of the estate, with prior approval of

48-3  the court by order, may, from the estate of the ward which is not

48-4  necessary for the proper care, maintenance, education and support of

48-5  the ward and of persons to whom the ward owes a legal duty of

48-6  support:

48-7      [1.] (a) Make reasonable gifts directly, or into a trust, on behalf

48-8  of the ward.

48-9      [2.] (b) Provide for or contribute to the care, maintenance,

48-10  education or support of persons who are or have been related to the

48-11  ward by blood , adoption or marriage.

48-12     [3.] (c) Pay or contribute to the payment of reasonable expenses

48-13  of remedial care and treatment for and the funeral and burial of

48-14  persons who are or have been related to the ward by blood ,

48-15  adoption or marriage.

48-16     2.  Any petition filed by a guardian pursuant to this section

48-17  must state whether:

48-18     (a) The purpose of the guardian in seeking approval to make

48-19  the gift, payment or contribution is to dispose of assets to make the

48-20  ward eligible for Medicaid; and

48-21     (b) Making the gift, payment or contribution will cause the

48-22  ward to become eligible for Medicaid.

48-23     Sec. 98.  NRS 159.132 is hereby amended to read as follows:

48-24     159.132  1.  Any interest of a ward in real or personal

48-25  property, including interests in contracts and choses in action, may

48-26  be sold pursuant to this chapter.

48-27     2.  The interest of a ward in a partnership or limited-liability

48-28  company may be sold as personal property, and another partner or

48-29  member may be the purchaser.

48-30     Sec. 99.  NRS 159.134 is hereby amended to read as follows:

48-31     159.134  1.  All sales of real [or personal] property of a ward

48-32  must be [made in the same manner as the property of the estate of a

48-33  decedent is sold under NRS 148.060 and 148.080 to 148.400,

48-34  inclusive.] :

48-35     (a) Reported to the court; and

48-36     (b) Confirmed by the court before the title to the real property

48-37  passes to the purchaser.

48-38     2.  The report and a petition for confirmation of the sale must

48-39  be filed with the court not later than 30 days after the date of each

48-40  sale.

48-41     3.  The court shall set the date of the hearing and give notice

48-42  of the hearing in the manner required pursuant to NRS 159.115 or

48-43  as the court may order.

48-44     4.  An interested person may file written objections to the

48-45  confirmation of the sale. If such objections are filed, the court

49-1  shall conduct a hearing regarding those objections during which

49-2  the interested person may offer witnesses in support of the

49-3  objections.

49-4      5.  Before the court confirms a sale, the court must find that

49-5  notice of the sale was given in the manner required pursuant to

49-6  sections 16, 17 and 18 of this act.

49-7      Sec. 100.  NRS 159.161 is hereby amended to read as follows:

49-8      159.161  1.  Petitions to secure court approval of any lease

49-9  [shall describe] :

49-10     (a) Must include the parcel number assigned to the property to

49-11  be leased [with reasonable certainty] and the physical address of

49-12  the property, if any; and

49-13     (b) Must set forth the proposed fixed rental, the duration of the

49-14  lease and a brief description of the duties of the proposed lessor and

49-15  lessee.

49-16     2.  Upon the hearing of [such petition,] a petition pursuant to

49-17  subsection 1, if the court is satisfied that [such] the lease is for the

49-18  best interests of the ward and [his estate, it] the estate of the ward,

49-19  the court shall enter an order authorizing the guardian to enter into

49-20  [such] the lease.

49-21     Sec. 101.  NRS 159.165 is hereby amended to read as follows:

49-22     159.165  1.  If the property to be leased consists of mining

49-23  claims, an interest in [such] the mining claims, property worked as a

49-24  mine or lands containing oil, gas, steam, gravel or any minerals, the

49-25  court may authorize the guardian to enter into a lease which

49-26  provides for payment by the lessee of a royalty, in money or in kind,

49-27  in lieu of a fixed rental. The court may also authorize the guardian

49-28  to enter into a lease which provides for a pooling agreement or

49-29  authorizes the lessee to enter into pooling or other cooperative

49-30  agreements with lessees, operators or owners of other lands and

49-31  minerals for the purpose of bringing about the cooperative

49-32  development and operation of any mine, oil field or other unit of

49-33  which the ward’s property is a part.

49-34     2.  If the proposed lease contains an option to purchase, and the

49-35  property to be sold under the option consists of mining claims,

49-36  property worked as a mine, or interests in oil, gas, steam, gravel or

49-37  any mineral, which has a speculative or undefined market value, the

49-38  court may authorize the guardian to enter into such a lease and sales

49-39  agreement or give an option to purchase without requiring the

49-40  property to be sold at public auction or by private sale in the manner

49-41  required by this chapter for sales of other real property.

49-42     3.  If the petition filed pursuant to this section requests authority

49-43  to enter into a lease with an option to purchase, in addition to the

49-44  notice required by [NRS 159.115,] section 43 of this act, the

49-45  guardian shall publish a copy of the notice at least twice, the first

50-1  publication to be at least 10 days prior to the date set for the hearing

50-2  and the second publication to be not earlier than [1 week] 7 days

50-3  after the date of the first publication. [Such notice shall] The notice

50-4  must be published in [a] :

50-5      (a) A newspaper that is published in the county where the

50-6  property is [situated, or if] located; or

50-7      (b) If no newspaper is published in [such county, then in] the

50-8  county where the property is located, a newspaper of general

50-9  circulation in [such county,] that county which is designated by the

50-10  court.

50-11     Sec. 102.  NRS 159.169 is hereby amended to read as follows:

50-12     159.169  1.  A guardian of the estate may petition the court for

50-13  advice and instructions in any matter concerning:

50-14     (a) The administration of the ward’s estate;

50-15     (b) The priority of paying claims;

50-16     (c) The propriety of making any proposed disbursement of

50-17  funds;

50-18     (d) Elections for or on behalf of the ward to take under the will

50-19  of a deceased spouse;

50-20     (e) Exercising for or on behalf of the ward [any] :

50-21         (1) Any options or other rights under any policy of insurance

50-22  or annuity; and

50-23         (2) The right to take under a will, trust or other devise;

50-24     (f) The propriety of exercising any right exercisable by owners

50-25  of property; and

50-26     (g) Matters of a similar nature.

50-27     2.  Any act done by a guardian of the estate after securing court

50-28  approval or instructions with reference to the matters set forth in

50-29  subsection 1 is binding upon the ward or those claiming through the

50-30  ward, and the guardian is not personally liable for performing any

50-31  such act.

50-32     3.  If any [other party] interested person may be adversely

50-33  affected by the proposed act of the guardian, the court shall direct

50-34  the issuance of a citation to that [party,] interested person, to be

50-35  served upon the person at least 20 days before the hearing on the

50-36  petition. The citation must be served in the same manner that

50-37  summons is served in a civil action and must direct the [party]

50-38  interested person to appear and show cause why the proposed act of

50-39  the guardian should not be authorized or approved. All [parties]

50-40  interested persons so served are bound by the order of the court

50-41  which is final and conclusive, subject to any right of appeal.

50-42     Sec. 103.  NRS 159.173 is hereby amended to read as follows:

50-43     159.173  [In case of the sale or other transfer by] If a guardian

50-44  of the estate [of] sells or transfers any real or personal property that

50-45  is specifically devised or bequeathed by the ward [who] or which is

51-1  held by the ward as a joint tenancy, designated as being held by

51-2  the ward in trust for another person or held by the ward as a

51-3  revocable trust and the ward was competent to make a will or

51-4  create the interest at the time [he executed] the will or interest was

51-5  created, but was not competent to make a will or create the interest

51-6  at the time of the sale or transfer and never executed a valid later

51-7  will [after removal of the legal disability,] or changed the manner

51-8  in which the ward held the interest, the devisee , beneficiary or

51-9  legatee may [at his option] elect to take the proceeds of [such] the

51-10  sale or other transfer [with the incidents of a] of the interest,

51-11  specific devise or bequest.

51-12     Sec. 104.  NRS 159.177 is hereby amended to read as follows:

51-13     159.177  A guardian of the estate or special guardian who is

51-14  authorized to manage the ward’s property shall make and file a

51-15  verified account in the guardianship proceeding:

51-16     1.  Annually [within] , not later than 60 days after the

51-17  anniversary date of [his appointment, unless,] the appointment of

51-18  the guardian, unless the court [otherwise orders.] orders such an

51-19  account to be made and filed at a different interval upon a

51-20  showing of good cause and with the appropriate protection of the

51-21  interests of the ward.

51-22     2.  Upon filing [his] a petition to resign and before [his] the

51-23  resignation is accepted by the court.

51-24     3.  Within 30 days after the date of his removal[.] , unless the

51-25  court authorizes a longer period.

51-26     4.  Within 90 days after the date of termination of the

51-27  guardianship[.

51-28     5.  At such other times] or the death of the ward, unless the

51-29  court authorizes a longer period.

51-30     5.  At any other time as required by law or as the court may

51-31  order.

51-32     Sec. 105.  NRS 159.179 is hereby amended to read as follows:

51-33     159.179  1.  An account made and filed by a guardian of the

51-34  estate or special guardian who is authorized to manage the ward’s

51-35  property must include , without limitation, the following

51-36  information:

51-37     (a) The period covered by the account.

51-38     (b) All cash receipts and disbursements during the period

51-39  covered by the account.

51-40     (c) All claims filed and the action taken [thereon.] regarding the

51-41  account.

51-42     (d) Any changes in the ward’s property due to sales, exchanges,

51-43  investments, acquisitions, gifts, mortgages or other transactions

51-44  which have increased, decreased or altered the ward’s property

52-1  holdings as reported in the original inventory or the preceding

52-2  account.

52-3      (e) [Such] Any other information [as] the guardian considers

52-4  necessary to show the condition of the affairs of the ward.

52-5      2.  If the account is for the estates of two or more wards, it must

52-6  show the interest of each ward in the receipts, disbursements and

52-7  property.

52-8      3.  Receipts or vouchers for all expenditures must be retained

52-9  by the guardian for examination [under the procedures provided in

52-10  NRS 150.150.] by the court or an interested person. Unless

52-11  ordered by the court, the guardian is not required to file such

52-12  receipts or vouchers with the court.

52-13     4.  On the court’s own motion or on ex parte application by an

52-14  interested person which demonstrates good cause, the court may:

52-15     (a) Order production of the receipts or vouchers that support

52-16  the account; and

52-17     (b) Examine or audit the receipts or vouchers that support the

52-18  account.

52-19     5.  If a receipt or voucher is lost or for good reason cannot be

52-20  produced on settlement of an account, payment may be proved by

52-21  the oath of at least one competent witness. The guardian must be

52-22  allowed expenditures if it is proven that:

52-23     (a) The receipt or voucher for any disbursement has been lost

52-24  or destroyed so that it is impossible to obtain a duplicate of the

52-25  receipt or voucher; and

52-26     (b) Expenses were paid in good faith and were valid charges

52-27  against the estate.

52-28     Sec. 106.  NRS 159.181 is hereby amended to read as follows:

52-29     159.181  1.  Any interested person [interested in the

52-30  guardianship] may appear at the hearing and object to the account or

52-31  file written objections [thereto] to the account prior to the hearing.

52-32     2.  If there are no objections to the account or if the court

52-33  overrules [such] any objections , the court may enter an order

52-34  allowing and confirming the account.

52-35     [2.  The]

52-36     3.  Except as otherwise provided in this subsection, the order

52-37  settling and allowing the account[, when it becomes final,] is a

52-38  final order and is conclusive against all persons interested in the

52-39  guardianship proceeding[.] , including, without limitation, heirs

52-40  and assigns. The order is not final against a ward who requests an

52-41  examination of any account after the ward’s legal disability is

52-42  removed.

52-43     4.  If the court finds that an interested person who objected to

52-44  the account did not object in good faith or in furtherance of the

52-45  best interests of the ward, the court may order the interested

53-1  person to pay to the estate of the ward all or part of the expenses

53-2  associated with the objection.

53-3      Sec. 107.  NRS 159.183 is hereby amended to read as follows:

53-4      159.183  1.  A guardian [shall] must be allowed [reasonable] :

53-5      (a) Reasonable compensation for [his services as guardian and

53-6  the necessary] the guardian’s services;

53-7      (b) Necessary and reasonable expenses incurred in exercising

53-8  [his] the authority and performing [his duties . The guardian shall be

53-9  allowed reasonable] the duties of a guardian; and

53-10     (c) Reasonable expenses incurred in retaining accountants,

53-11  attorneys, appraisers or other professional services.

53-12     2.  Reasonable compensation and services [will] :

53-13     (a) Must be based upon similar services performed for persons

53-14  who are not under a legal disability [.] ; and

53-15     (b) Are subject to the approval of the court.

53-16     Sec. 108.  NRS 159.185 is hereby amended to read as follows:

53-17     159.185  [1.] The court may remove a guardian if the court

53-18  determines that:

53-19     [(a)] 1.  The guardian has become [disqualified,] mentally

53-20  incompetent, unsuitable or otherwise incapable of exercising [his]

53-21  the authority and performing [his] the duties of a guardian as

53-22  provided by law;

53-23     [(b)] 2.  The guardian is no longer qualified to act as a

53-24  guardian pursuant to NRS 159.059;

53-25     3.  The guardian has filed for bankruptcy within the previous

53-26  5 years;

53-27     4.  The guardian of the estate has mismanaged the estate of the

53-28  ward;

53-29     [(c)] 5.  The guardian has negligently failed to perform any

53-30  duty as provided by law or by any order of the court and:

53-31     (a) The negligence resulted in injury to the ward or his estate;

53-32  or

53-33     (b) There was a substantial likelihood that the negligence

53-34  would result in injury to the ward or his estate;

53-35     6.  The guardian has intentionally failed to perform any duty as

53-36  provided by law or by any lawful order of the court[; or

53-37     (d)] , regardless of injury; or

53-38     7.  The best [interest] interests of the ward will be served by the

53-39  appointment of another person as guardian.

53-40     [2.  Upon its own motion or upon a petition filed by a ward who

53-41  is a minor 14 years of age or older, by any person for a ward who is

53-42  an incompetent or a minor under 14 years of age, or by any other

53-43  interested person, the court may make an order directing the

53-44  issuance of a citation requiring the guardian to appear and show

53-45  cause why he should not be removed. The citation shall require the

54-1  guardian to appear and show cause within the applicable period of

54-2  time required for appearance after service of summons, and shall be

54-3  served and returned as summons is served and returned in a civil

54-4  action.]

54-5      Sec. 109.  NRS 159.187 is hereby amended to read as follows:

54-6      159.187  1.  When a guardian dies[,] or is removed by order

54-7  of [the court or his resignation is accepted by] the court, the court,

54-8  upon [its] the court’s own motion or upon a petition filed by any

54-9  interested person, may appoint another guardian in the same manner

54-10  and subject to the same requirements as are provided by law for an

54-11  original appointment of a guardian.

54-12     2.  If a guardian of the person is appointed for a ward

54-13  pursuant to this section, the ward must be served with the petition.

54-14  If the ward does not object to the appointment, the ward is not

54-15  required to attend the hearing.

54-16     Sec. 110.  NRS 159.1905 is hereby amended to read as

54-17  follows:

54-18     159.1905  1.  A ward, the guardian or another person may

54-19  petition the court for the termination or modification of a

54-20  guardianship. The petition must state or contain:

54-21     [1.] (a) The name and address of the petitioner.

54-22     [2.] (b) The relationship of the petitioner to the ward.

54-23     (c) The name, age and address of the ward, if the ward is not the

54-24  petitioner, or the date of death of the ward if the ward is deceased.

54-25     [3.] (d) The name and address of the guardian, if the guardian is

54-26  not the petitioner.

54-27     [4.] (e) The reason for termination or modification.

54-28     [5.] (f) Whether the termination or modification is sought for

54-29  a guardianship of the person, of the estate, or of the person and

54-30  estate.

54-31     (g) A general description and the value of the remaining

54-32  property of the ward and the proposed disposition of that property.

54-33     2.  Upon the filing of the petition, the court may appoint an

54-34  attorney to represent the ward if:

54-35     (a) The ward is unable to retain an attorney; and

54-36     (b) The court determines that the appointment is necessary to

54-37  protect the interests of the ward.

54-38     3.  The petitioner has the burden of proof to show by clear

54-39  and convincing evidence that the termination or modification of

54-40  the guardianship of the person, of the estate, or of the person and

54-41  estate is in the best interests of the ward.

54-42     4.  The court shall issue a citation to the guardian and all

54-43  interested persons requiring them to appear and show cause why

54-44  termination or modification of the guardianship should not be

54-45  granted.

55-1      5.  If the court finds that the petitioner did not file a petition

55-2  for termination or modification in good faith or in furtherance of

55-3  the best interests of the ward, the court may:

55-4      (a) Disallow the petitioner from petitioning the court for

55-5  attorney’s fees from the estate of the ward; and

55-6      (b) Impose sanctions on the petitioner in an amount sufficient

55-7  to reimburse the estate of the ward for all or part of the expenses

55-8  and for any other pecuniary losses which are incurred by the

55-9  estate of the ward and associated with the petition.

55-10     Sec. 111.  NRS 159.191 is hereby amended to read as follows:

55-11     159.191  1.  A guardianship of the person is terminated:

55-12     [1.  If for a minor, when he reaches the age of majority

55-13  according to the law of his domicile;

55-14     2.] (a) By the death of the ward;

55-15     [3.] (b) Upon the ward’s change of domicile to a place outside

55-16  this state and the transfer of jurisdiction to the court having

55-17  jurisdiction in the new domicile; [or

55-18     4.] (c) Upon order of the court, if the court determines that the

55-19  guardianship no longer is necessary[.] ; or

55-20     (d) If the ward is a minor:

55-21         (1) On the date on which the ward reaches 18 years of age;

55-22  or

55-23         (2) On the date on which the ward graduates from high

55-24  school or becomes 19 years of age, whichever occurs sooner, if:

55-25             (I) The ward will be older than 18 years of age upon

55-26  graduation from high school; and

55-27             (II) The ward and the guardian consent to continue the

55-28  guardianship and the consent is filed with the court at least 14

55-29  days before the date on which the ward will become 18 years of

55-30  age.

55-31     2.  A guardianship of the estate is terminated if the court:

55-32     (a) Removes the guardian or accepts the resignation of the

55-33  guardian and does not appoint a successor guardian; or

55-34     (b) Determines that the guardianship is not necessary and

55-35  orders the guardianship terminated.

55-36     3.  If the guardianship is of the person and estate, the court may

55-37  order the guardianship terminated as to the person, the estate , or the

55-38  person and estate.

55-39     Sec. 112.  NRS 159.193 is hereby amended to read as follows:

55-40     159.193  1.  The guardian of the estate is entitled to possession

55-41  of the ward’s property and is authorized to perform [his duties as

55-42  guardian for] the duties of the guardian to wind up the affairs of

55-43  the guardianship:

55-44     (a) For a period [not exceeding 90 days] that is reasonable and

55-45  necessary after the termination of the guardianship [or until] ;

56-1      (b) Except as otherwise provided in paragraph (c) for not more

56-2  than 90 days after the date of the appointment of [an executor or

56-3  administrator] a personal representative of the estate of a deceased

56-4  ward[, to wind up the guardianship affairs. During such time] ; or

56-5      (c) Upon approval of the court, for more than 90 days if the

56-6  guardian is awaiting certification from the appropriate authority

56-7  acknowledging that the guardian has no further liability for taxes

56-8  on the estate.

56-9      2.  To wind up the affairs of the guardianship, the guardian

56-10  shall:

56-11     [1.] (a) Pay all expenses of administration of the guardianship

56-12  estate, including those incurred in winding up the affairs of the

56-13  guardianship.

56-14     [2.] (b) Complete the performance of any contractual

56-15  obligations incurred by [him as guardian.

56-16     3.] the guardianship estate.

56-17     (c) With prior approval of the court, continue any activity that:

56-18         (1) The guardian believes is appropriate and necessary; or

56-19         (2) Was commenced before the termination of the

56-20  guardianship.

56-21     (d) If the guardianship is terminated for a reason other than the

56-22  death of the ward, examine and allow and pay, or reject, all claims

56-23  presented to [him] the guardian prior to the termination of the

56-24  guardianship for obligations incurred prior to [such] the termination.

56-25     Sec. 113.  NRS 159.195 is hereby amended to read as follows:

56-26     159.195  1.  If the guardianship is terminated by reason of the

56-27  death of the ward[, any] :

56-28     (a) Except as otherwise provided in NRS 159.197, the

56-29  guardian shall report to the personal representative claims which

56-30  are presented to the guardian, or which have been presented to the

56-31  guardian but have not been paid, except those incurred in paying the

56-32  expenses of administration of the guardianship estate and in winding

56-33  up [its affairs, shall be reported by the guardian to the executor or

56-34  administrator.] the affairs of the guardianship estate.

56-35     (b) Claims which have been allowed by the guardian, but not

56-36  paid, shall be paid by the [executor or administrator] personal

56-37  representative in the course of probate in the priority provided by

56-38  law for payment of claims against a decedent, and shall have the

56-39  same effect and priority as a judgment against a decedent.

56-40     (c) Claims which have been presented and not allowed or

56-41  rejected shall be acted upon by the [executor or administrator]

56-42  personal representative in the same manner as other claims against

56-43  a decedent.

56-44     2.  The [executor or administrator] personal representative

56-45  shall be substituted as the party in interest for the guardian in any

57-1  action commenced or which may be commenced by the creditor

57-2  pursuant to NRS 159.107, including summary determination, on any

57-3  claim rejected by the guardian.

57-4      Sec. 114.  NRS 159.197 is hereby amended to read as follows:

57-5      159.197  1.  After the winding up of the affairs of the

57-6  guardianship, the guardian shall deliver physical possession of all of

57-7  the ward’s property to the ward, [his executor or administrator] the

57-8  personal representative or the successor guardian, as the case may

57-9  be, and obtain a receipt [therefor.] of the delivery of the property.

57-10     2.  Before the guardian delivers physical possession of the

57-11  ward’s property to the personal representative and upon sufficient

57-12  evidence of prior title, the guardian may petition the court to have

57-13  the title to the property modified, on a pro rata basis, to reflect the

57-14  manner in which title was held before the guardianship was

57-15  established so that the property is distributed to the intended

57-16  beneficiary or former joint owner of the property.

57-17     3.  If the guardianship has terminated by reason of the death of

57-18  the ward, the court, by order, may authorize the guardian to

57-19  [distribute] handle the deceased ward’s property in the same manner

57-20  as authorized by NRS 146.070[,] or 146.080, if the gross value of

57-21  the property, less encumbrances, and less fees, costs and expenses

57-22  that are approved by the court, remaining in the hands of the

57-23  guardian does not exceed [$50,000, or as authorized by NRS

57-24  146.080, if the gross value of the property remaining in the hands of

57-25  the guardian does not exceed $20,000.] the amount authorized

57-26  pursuant to NRS 146.070 or 146.080.

57-27     Sec. 115.  NRS 159.199 is hereby amended to read as follows:

57-28     159.199  1.  Upon the filing of receipts and vouchers showing

57-29  compliance with the orders of the court in winding up the affairs of

57-30  the guardianship, the court shall enter an order discharging the

57-31  guardian and exonerating [his bond.] the bond of the guardian.

57-32     2.  A guardian is not relieved of liability for his term as

57-33  guardian until an order of discharge is entered and filed with the

57-34  court.

57-35     Sec. 116.  NRS 159.201 is hereby amended to read as follows:

57-36     159.201  [If at any time during the course of the proceedings]

57-37     1.  The court may grant a summary administration if, at any

57-38  time, it appears to the court that[,] after payment of all claims and

57-39  expenses of the guardianship the value of the ward’s property does

57-40  not exceed $5,000 . [,]

57-41     2.  If the court grants a summary administration, the court

57-42  may:

57-43     [1.] (a) Authorize the guardian of the estate or special guardian

57-44  who is authorized to manage the ward’s property to convert the

57-45  property to cash and sell any of the property, with or without notice,

58-1  as the court may direct. After the payment of all claims and the

58-2  expenses of the guardianship, the guardian shall deposit the money

58-3  in savings accounts or invest [it] the money as provided in NRS

58-4  159.117, and hold the investment and all interest, issues, dividends

58-5  and profits for the benefit of the ward. The court may dispense with

58-6  annual accountings and all other proceedings required by this

58-7  chapter.

58-8      [2.] (b) If the ward is a minor, terminate the guardianship of the

58-9  estate and direct the guardian to deliver the ward’s property to the

58-10  custodial parent[,] or parents, guardian or custodian of the minor to

58-11  hold, invest or use as the court may order.

58-12     3.  Whether the court grants a summary administration at

58-13  the time the guardianship is established or at any other time, the

58-14  guardian shall file an inventory and record of value with the

58-15  court.

58-16     4.  If, at any time, the net value of the estate of the ward

58-17  exceeds $5,000:

58-18     (a) The guardian shall file an amended inventory and

58-19  accounting with the court;

58-20     (b) The guardian shall file annual accountings; and

58-21     (c) The court may require the guardian to post a bond.

58-22     Sec. 117.  NRS 159.205 is hereby amended to read as follows:

58-23     159.205  1.  Except as otherwise provided in this section or

58-24  NRS 127.045, [any competent adult person residing in this state

58-25  may be appointed as the temporary guardian of the person of a

58-26  minor child residing in this state,] a parent, without the approval of

58-27  a court, [by an instrument in writing providing for the appointment,

58-28  executed by both parents if living, not divorced and in legal custody

58-29  of the minor, otherwise by the parent having legal custody, and

58-30  acknowledged in the same manner as deeds are acknowledged in

58-31  this state.] may appoint in writing a short-term guardianship for

58-32  an unmarried minor child if the parent has legal custody of the

58-33  minor child.

58-34     2.  The appointment of a short-term guardianship is effective

58-35  for a minor who is 14 years of age or older only if the minor

58-36  provides written consent to the guardianship.

58-37     3.  The appointment of a short-term guardian does not affect

58-38  the rights of the other parent of the minor.

58-39     4.  A parent shall not appoint a short-term guardian for a

58-40  minor child if the minor child has another parent:

58-41     (a) Whose parental rights have not been terminated;

58-42     (b) Whose whereabouts are known; and

58-43     (c) Who is willing and able to make and carry out daily child

58-44  care decisions concerning the minor,

59-1  unless the other parent of the minor child provides written consent

59-2  to the appointment.

59-3      5.  The written instrument appointing a short-term guardian

59-4  becomes effective immediately upon execution and must [contain a

59-5  provision for its expiration on a date not more than 6 months after

59-6  the date of execution unless renewed by an acknowledged writing

59-7  before its expiration date. If such a provision is not included in the

59-8  instrument, the instrument expires by operation of law 6 months

59-9  after the date of its execution.

59-10     3.] include, without limitation:

59-11     (a) The date on which the guardian is appointed;

59-12     (b) The name of the parent who appointed the guardian, the

59-13  name of the minor child for whom the guardian is appointed and

59-14  the name of the person who is appointed as the guardian; and

59-15     (c) The signature of the parent and the guardian in the

59-16  presence of a notary public acknowledging the appointment of the

59-17  guardian. The parent and guardian are not required to sign and

59-18  acknowledge the instrument in the presence of the other.

59-19     6.  The short-term guardian appointed pursuant to this section

59-20  serves as guardian of the minor for 6 months, unless the written

59-21  instrument appointing the guardian specifies a shorter term or

59-22  specifies that the guardianship is to terminate upon the happening

59-23  of an event that occurs sooner than 6 months.

59-24     7.  Only one written instrument appointing a short-term

59-25  guardian for the minor child may be effective at any given time.

59-26     8.  The appointment of a [temporary] short-term guardian

59-27  pursuant to this section:

59-28     (a) May be terminated by an instrument in writing signed by

59-29  either parent if that parent has not been deprived of the legal custody

59-30  of the minor.

59-31     (b) Is terminated by any order of a court of competent

59-32  jurisdiction that appoints a guardian.

59-33     Sec. 118.  NRS 200.50986 is hereby amended to read as

59-34  follows:

59-35     200.50986  The local office of the Aging Services Division of

59-36  the Department of Human Resources or the county’s office for

59-37  protective services may petition a court in accordance with NRS

59-38  159.185 or 159.1905 or section 36 of this act for the removal of the

59-39  guardian of an older person, or the termination or modification of

59-40  that guardianship, if, based on its investigation, the Aging Services

59-41  Division or the county’s office of protective services has reasonable

59-42  cause to believe that the guardian is abusing, neglecting, exploiting

59-43  or isolating the older person in violation of NRS 200.5091 to

59-44  200.50995, inclusive.

 

60-1      Sec. 119.  NRS 159.029 is hereby repealed.

60-2      Sec. 120.  The amendatory provisions of this act apply to any

60-3  proceeding or matter commenced or undertaken on or after

60-4  October 1, 2003.

 

60-5  TEXT OF REPEALED SECTION

 

60-6      159.029  Pending proceedings under former law. So far as

60-7   possible, any proceeding or matter undertaken or commenced

60-8   pursuant to any provision of law before July 1, 1969, must be

60-9   conducted and completed pursuant to this chapter and any

60-10   proceeding or matter undertaken or commenced pursuant to any

60-11   provision of law before July 1, 1981, for the appointment of a

60-12   guardian must be conducted and completed pursuant to the

60-13   amendatory provisions which become effective on that date.

 

60-14  H