ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting “47,” and inserting “47.5,”.
Amend sec. 5, page 2, by deleting lines 25 through 29 and inserting:
“2. In lieu of an appraisal, the guardian may file:
(a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation:
(1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and
(2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000.
(b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.”.
Amend sec. 6, page 3, line 2, by deleting “sells” and inserting “purchases”.
Amend sec. 8, page 3, lines 28 and 31, by deleting “2” and inserting “1”.
Amend sec. 10, page 4, by deleting lines 26 and 27 and inserting:
“money from the sale may be paid as ordered by the court and the mortgage or”.
Amend sec. 16, page 6, line 9, after “published” by inserting:
“not less than”.
Amend sec. 23, page 9, by deleting line 24 and inserting:
“insufficient to cover the bid and”.
Amend sec. 47, page 16, line 15, after “its” by inserting “notice of”.
Amend the bill as a whole by adding a new section designated sec. 47.5, following sec. 47, to read as follows:
“1. Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:
(a) Make or change the last will and testament of the ward.
(b) Make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary.
(c) Create for the benefit of the ward or others a revocable or irrevocable trust of the property of the estate.
(d) Except as otherwise provided in this paragraph, exercise the right of the ward to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:
(1) Evidences an intent of the ward to reserve the right of revocation or modification exclusively to the ward;
(2) Provides expressly that a guardian may not revoke or modify the trust; or
(3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.
2. The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the guardian proves by clear and convincing evidence that:
(a) A person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the ward or estate of the ward and that person:
(1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the ward; or
(2) Will benefit from the lack of such an instrument; and
(b) A reasonably prudent person or the ward, if competent, would take the proposed action.
3. The petition must be signed by the guardian and contain:
(a) The name, date of birth and current address of the ward;
(b) A concise statement as to the condition of the ward’s estate; and
(c) A concise statement as to the necessity for the proposed action.
4. As used in this section:
(a) “Exploitation” means any act taken by a person who has the trust and confidence of a ward or any use of the power of attorney of a ward to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the ward’s money, assets or property.
(2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of his money, assets or property.
FLUSH
As used in this paragraph,
“undue influence” does not include the normal influence that one member of a
family has over another.
(b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the ward’s rights or property or to otherwise injure the ward.”.
Amend sec. 49, page 16, line 42, by deleting “an” and inserting “a mentally”.
Amend the bill as a whole by adding a new section designated sec. 52.5, following sec. 52, to read as follows:
“Sec. 52.5. NRS 159.026 is hereby amended to read as follows:
159.026 “Special guardian” means a guardian of a person of limited capacity [.] , including, without limitation, such a guardian who is appointed because a person of limited capacity has voluntarily petitioned for the appointment and the court has determined that the person has the requisite capacity to make such a petition.”.
Amend sec. 54, page 17, by deleting line 38 and inserting:
“6. Guardians ad litem.”.
Amend sec. 57, pages 18 and 19, by deleting lines 24 through 44 on page 18 and lines 1 through 14 on page 19 and inserting:
“2. [The] To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must [state:] include, without limitation:
(a) The name and address of the petitioner.
(b) The name, [age] date of birth and current address of the proposed ward. [If he]
(c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid driver’s license number;
(4) A valid identification card number; or
(5) A valid passport number.
FLUSH
If the information
required pursuant to this paragraph is not included with the petition, the
information must be provided to the court not later than 60 days after the
appointment of a guardian or as otherwise ordered by the court.
(d) If the proposed ward is a minor, [the petition must state] the date on which he will attain the age of majority and [whether he]
(1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and
(2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.
[(c)] (e) Whether the proposed ward is a resident or nonresident of this state.
[(d)] (f) The names and addresses [, so far as they are known to the petitioner,] of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree[.
(e)] of consanguinity.
(g) The name , date of birth and current address of the proposed guardian.
[(f) That]
(h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid driver’s license number;
(4) A valid identification card number; or
(5) A valid passport number.
(i) Whether the proposed guardian has [never] ever been”.
Amend sec. 57, page 19, line 19, by deleting “(h)” and inserting “(j)”.
Amend sec. 57, page 19, line 29, by deleting “(i)” and inserting “(k)”.
Amend sec. 57, page 19, line 31, by deleting “(j)” and inserting “(l)”.
Amend sec. 57, page 19, line 38, by deleting “(k)” and inserting “(m)”.
Amend sec. 57, page 19, line 41, by deleting “(l)” and inserting “(n)”.
Amend sec. 57, page 20, line 1, by deleting “(m)” and inserting “(o)”.
Amend sec. 57, page 20, line 4, by deleting “(n)” and inserting “(p)”.
Amend sec. 57, page 20, line 10, by deleting “(o)” and inserting “(q)”.
Amend sec. 57, page 20, line 12, by deleting “(p)” and inserting “(r)”.
Amend sec. 57, page 20, line 14, by deleting “(q)” and inserting “(s)”.
Amend sec. 59, page 21, by deleting line 17 and inserting:
“(b) Upon the spouse of the proposed ward and all other known relatives of the proposed ward who are:”.
Amend sec. 59, page 21, by deleting line 19 and inserting:
“(2) Within the second degree of consanguinity;”.
Amend sec. 59, page 21, by deleting line 23 and inserting:
“(2) Within the second degree of consanguinity;”.
Amend sec. 59, page 21, line 24, after “there” by inserting:
“is no spouse of the proposed ward and there”.
Amend sec. 59, page 21, line 25, by deleting “or affinity”.
Amend sec. 62, page 23, by deleting lines 19 and 20 and inserting:
“entitled to reasonable compensation which must be paid from the estate of the adult ward or proposed adult ward and is subject to the approval of the court. If the court finds that a person has”.
Amend sec. 64, page 25, lines 6 and 7, by deleting “subsection 7,” and inserting:
[“subsection 7,] subsections 7 and 8,”.
Amend sec. 64, page 25, by deleting lines 23 through 26 and inserting:
“8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.”.
Amend sec. 65, page 26, lines 43 and 44, by deleting “subsection 7,” and inserting:
“[subsection 7,] subsections 7 and 8,”.
Amend sec. 65, page 27, by deleting lines 26 through 29 and inserting:
“8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.”.
Amend sec. 66, page 28, lines 42 and 43, by deleting “subsection 7,” and inserting:
“[subsection 7,] subsections 7 and 8,”.
Amend sec. 66, page 29, by deleting lines 29 through 32 and inserting:
“8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.”.
Amend sec. 71, pages 31 and 32, by deleting line 44 on page 31 and line 1 on page 32 and inserting:
“[(b) Caused the appointment to be filed]
(c) Is not a petitioner”.
Amend sec. 71, page 32, by deleting line 5 and inserting:
“child, spouse, parent or other adult [.] , unless the court finds that it is in the best interests of the ward to appoint the person as the guardian of the ward.”.
Amend sec. 72, page 32, lines 41 and 43, by deleting “shall” and inserting “may”.
Amend sec. 72, page 33, by deleting lines 7 through 9 and inserting:
“(f) Any request for the appointment of any other interested person that the court deems appropriate.
4. If the court finds that there is no suitable person to appoint as guardian pursuant to subsection 3, the court shall appoint as”.
Amend sec. 72, page 33, by deleting lines 16 through 18 and inserting:
“pursuant to chapter 253 of NRS; or
(b) A private fiduciary who may obtain a bond in this state and who is a resident of this state, if:”.
Amend sec. 93, page 42, by deleting lines 11 and 12 and inserting:
“159.113 1. [At any time after his appointment,] Before taking any of the following actions, the guardian [of the estate may] shall”.
Amend sec. 93, page 42, by deleting line 17 and inserting:
“(d) [Enter] Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the”.
Amend sec. 93, pages 42 and 43, by deleting lines 31 through 45 on page 42 and lines 1 through 12 on page 43 and inserting:
“(l) Exercise the right of the ward to take under or against a will.
(m) Transfer to a trust created by the ward any property unintentionally omitted from the trust.
(n) Submit a revocable trust to the jurisdiction of the court if:
(1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or
(2) The trust was created by the court.
(o) Take any other action which the guardian deems would be in the best interests of the ward.”.
Amend sec. 94, page 43, line 32, by deleting “159.113,” and inserting:
“159.113 [,] or section 47.5 of this act,”.
Amend sec. 94, page 44, by deleting lines 17 and 18 and inserting:
“(b) The spouse of the ward and other heirs [at law and next of kin,] of the ward who are related within the second degree of consanguinity so far”.
Amend sec. 95, page 45, by deleting lines 28 through 35 and inserting:
“4. Upon approval of the court, for a period authorized by the court, a guardian of the estate may maintain the assets of the ward in the manner in which the ward had invested the assets before the ward’s incapacity.”.
Amend sec. 103, page 49, by deleting lines 14 through 21 and inserting:
“create the interest at the time [he executed] the will or interest was created, but was not competent to make a will or create the interest at the time of the sale or transfer and never executed a valid later will [after removal of the legal disability,] or changed the manner in which the ward held the interest, the devisee , beneficiary or legatee may [at his option] elect to take the proceeds of [such] the sale or other transfer [with the incidents of a] of the interest, specific devise or bequest.”.
Amend sec. 107, page 51, by deleting lines 23 through 25 and inserting:
“2. Reasonable compensation and services [will] :
(a) Must be based upon similar services performed for persons who are not under a legal disability [.] ; and
(b) Are subject to the approval of the court.”.
Amend sec. 108, page 51, lines 32 and 33, by deleting: “law . [;
(b)]” and inserting:
“law;
[(b)]”.
Amend sec. 108, page 51, line 34, by deleting “159.059.” and inserting “159.059;”.
Amend sec. 108, page 51, line 36, by deleting “years” and inserting “years;”.
Amend sec. 108, page 51, lines 38 and 39, by deleting:
“ward . [;
(c)]” and inserting:
“ward;
[(c)]”.
Amend sec. 108, page 51, line 44, by deleting “estate.” and inserting “estate;”.
Amend sec. 108, page 52, line 3, by deleting “injury.” and inserting “injury; or”.
Amend sec. 117, page 57, lines 37 and 38, by deleting:
“guardian for a limited duration” and inserting:
“short-term guardian”.
Amend section 117, page 57, by deleting lines 40 and 41 and inserting:
“8. The appointment of a [temporary] short-term guardian pursuant to this section:”.