USA Statutes : nevada
Title : Title 13 - GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS
Chapter : CHAPTER 159 - GUARDIANSHIPS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 159.014
to 159.027 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 412; A 1981, 1933; 2003, 1770 ; 2005, 815 )
“Care provider” includes any
public or private institution located within or outside this state which
provides facilities for the care or maintenance of incompetents, persons
of limited capacity or minors.
(Added to NRS by 1969, 412; A 1981, 1933; 2003, 1771 )—(Substituted in revision for NRS 159.021)
“Citation” means a document
issued by the clerk of the court, as authorized by statute or ordered by
the court, requiring a person to appear, directing a person to act or
conduct himself in a specified way, or notifying a person of a hearing.
(Added to NRS by 2003, 1757 )
“Court” means any court or judge
having jurisdiction of the persons and estates of minors, incompetent
persons, or persons of limited capacity.
(Added to NRS by 1969, 412; A 1981, 1933)
“Guardian” means any person
appointed under this chapter as guardian of the person, of the estate, or
of the person and estate for any other person, and includes an
organization under NRS 662.245 and joint appointees. The term includes a special guardian.
(Added to NRS by 1969, 412; A 1971, 1010; 1981, 1933; 1999, 849
)
“Incompetent” means an adult
person who, by reason of mental illness, mental deficiency, disease,
weakness of mind or any other cause, is unable, without assistance,
properly to manage and take care of himself or his property, or both. The
term includes a mentally incapacitated person.
(Added to NRS by 1969, 412; A 1999, 1396 ; 2003, 1770 )
A person is of “limited
capacity” if:
1. The person is able to make independently some but not all of
the decisions necessary for the person’s own care and the management of
the person’s property; and
2. The person is not a minor.
(Added to NRS by 1981, 1931; A 1999, 1396 ; 2003, 1771 )
“Minor” means any person who is:
1. Less than 18 years of age; or
2. Less than 19 years of age if the guardianship is continued
until the person reaches the age of 19 years pursuant to NRS 159.191
.
(Added to NRS by 1969, 412; A 2003, 1771 )
“Private
professional guardian” means a person who receives compensation for
services as a guardian to three or more wards who are not related to the
person by blood or marriage. The term does not include:
1. A governmental agency.
2. A public guardian appointed or designated pursuant to the
provisions of chapter 253 of NRS.
3. A banking corporation, as defined in NRS 657.016 , or an organization permitted to act as fiduciary pursuant to
NRS 662.245 if it is appointed as guardian of an estate only.
4. A trust company, as defined in NRS 669.070 .
5. A court-appointed attorney licensed to practice law in this
State.
(Added to NRS by 2005, 814 )
“Proposed ward” means any
person for whom proceedings for the appointment of a guardian have been
initiated.
(Added to NRS by 1969, 412)
“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.
(Added to NRS by 1981, 1931; A 2003, 1771 )
“Ward” means any person for whom a
guardian has been appointed.
(Added to NRS by 1969, 412)
” As used in this
chapter, unless the context otherwise requires, when the term “writing”
or “written” is used in reference to a will or instrument, the term
includes an electronic will as defined in NRS 132.119 and an electronic trust as defined in NRS
163.0015 .
(Added to NRS by 2001, 2350 )
Except as
otherwise provided in this chapter, the provisions of this chapter do not
apply to guardians ad litem.
(Added to NRS by 1969, 412; A 2003, 1771 )
PROCEDURE IN GUARDIANSHIP PROCEEDINGS
1. Except as otherwise provided in this section, by specific
statute or as ordered by the court, a petitioner in a guardianship
proceeding shall give notice of the time and place of the hearing on the
petition to:
(a) Each interested person or the attorney of the interested person;
(b) Any person entitled to notice pursuant to this chapter or his
attorney; and
(c) Any other person who has filed a request for notice in the
guardianship proceedings.
2. The petitioner shall give notice not later than 10 days before
the date set for the hearing:
(a) By mailing a copy of the notice by certified, registered or
ordinary first-class mail to the residence, office or post office address
of each person required to be notified pursuant to this section;
(b) By personal service; or
(c) In any other manner ordered by the court, upon a showing of
good cause.
3. If the address or identity of a person required to be notified
of a hearing on a petition pursuant to this section is not known and
cannot be ascertained with reasonable diligence, notice must be given:
(a) By publishing a copy of the notice in a newspaper of general
circulation in the county where the hearing is to be held at least once
every 7 days for 21 consecutive days, the last publication of which must
occur not later than 10 days before the date set for the hearing; or
(b) In any other manner ordered by the court, upon a showing of
good cause.
4. For good cause shown, the court may waive the requirement of
giving notice.
5. A person entitled to notice pursuant to this section may waive
such notice. Such a waiver must be in writing and filed with the court.
6. On or before the date set for the hearing, the petitioner shall
file with the court proof of giving notice to each person entitled to
notice pursuant to this section.
(Added to NRS by 2003, 1768 )
If publication of a notice is required pursuant
to this chapter, the court may, for good cause shown:
1. Allow fewer publications to be made within the time for
publication; and
2. Extend or shorten the time in which the publications must be
made.
(Added to NRS by 2003, 1769 )
If a petition, notice, objection, consent, waiver or other paper may be
filed, a true and correct facsimile of it may be filed, if the original
is filed within a reasonable time or at such time prescribed by the court.
(Added to NRS by 2003, 1769 )
All notices required to be given by this chapter may be given
by the clerk of the court without an order from the court, and when so
given, for the time and in the manner required by law, they are legal and
valid as though made upon an order from the court. If use of a citation
is authorized or required by statute, the citation may be issued by the
clerk of the court on the request of a party or the party’s attorney
without a court order, unless an order is expressly required by statute.
(Added to NRS by 2003, 1769 )
1. If the court has reason to believe that guardianship
proceedings may be pending in another state concerning a ward or proposed
ward, the court may order communication with the court in the other state:
(a) To determine the involvement or interest of each jurisdiction;
(b) To promote cooperation, expand the exchange of information and
provide any other form of assistance; and
(c) To determine the appropriate jurisdiction for the proceedings.
2. As used in this section, “guardianship” includes, without
limitation, a conservatorship.
(Added to NRS by 2003, 1757 )
1. The venue for the appointment of a guardian must be:
(a) The county where the proposed ward resides; or
(b) If the proposed ward does not reside in this state, any county
in which any property of the proposed ward is located, or any county in
which the proposed ward is physically present.
2. If the proper venue may be in two or more counties, the county
in which the proceeding is first commenced is the proper county in which
to continue the proceedings.
3. Upon the filing of a petition showing that the proper venue is
inconvenient, a venue other than that provided in subsection 1 may accept
the proceeding.
(Added to NRS by 1969, 413; A 2003, 1771 )
1. If proceedings for the appointment of a guardian for the same
proposed ward are commenced in more than one county, they shall be
stayed, except in the county where first commenced, until final
determination of venue in that county. If the proper venue is finally
determined to be in another county, the court shall cause a transcript of
the proceedings and all original papers filed therein, all certified by
the clerk of the court, to be sent to the clerk of the court of the
proper county.
2. A proceeding is considered commenced by the filing of a
petition.
3. The proceedings first legally commenced for the appointment of
a guardian of the estate or of the person and estate extends to all the
property of the proposed ward which is in this state.
(Added to NRS by 1969, 413)
A court
having before it any guardianship matter may transfer the matter to
another county in the interest of the ward or, if not contrary to the
interest of the ward, for the convenience of the guardian. A petition for
the transfer, setting forth the reasons therefor, may be filed in the
guardianship proceeding. If the court is satisfied that the transfer is
in the interest of the ward or, if not contrary to the interest of the
ward, for the convenience of the guardian, the court shall make an order
of transfer and cause a transcript of the proceedings in the matter, all
original papers filed in such proceedings and the original bond filed by
the guardian, to be certified by the clerk of the court originally
hearing the matter and sent to the clerk of the court of the other
county. Upon receipt of the transcript, papers and bond, and the filing
of them for record, the court of the other county has complete
jurisdiction of the matter, and thereafter all proceedings shall be as
though they were commenced in that court.
(Added to NRS by 1969, 413)
1. All petitions filed in any guardianship proceeding must bear
the title of the court and cause.
2. The caption of all petitions and other documents filed in a
guardianship proceeding must read, “In The Matter of the Guardianship of
................ (the person, the estate, or the person and estate),
................ (the legal name of the person), ................ (adult
or minor).
(Added to NRS by 1969, 413; A 1981, 1934; 2003, 1772 )
1. Except as otherwise provided in NRS 127.045 , a proposed ward, a governmental agency, a
nonprofit corporation or any interested person may petition the court for
the appointment of a guardian.
2. To the extent the petitioner knows or reasonably may ascertain
or obtain, the petition must include, without limitation:
(a) The name and address of the petitioner.
(b) The name, date of birth and current address of the proposed
ward.
(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.
Ê 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 date on which he will
attain the age of majority and:
(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.
(e) Whether the proposed ward is a resident or nonresident of this
State.
(f) The names and addresses of the spouse of the proposed ward and
the relatives of the proposed ward who are within the second degree of
consanguinity.
(g) The name, date of birth and current address of the proposed
guardian. If the proposed guardian is a private professional guardian,
the petition must include proof that the guardian meets the requirements
of NRS 159.0595 . If the proposed
guardian is not a private professional guardian, the petition must
include a statement that the guardian currently is not receiving
compensation for services as a guardian to more than one ward who is not
related to the person by blood or marriage.
(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 ever been convicted of a
felony and, if so, information concerning the crime for which he was
convicted and whether the proposed guardian was placed on probation or
parole.
(j) A summary of the reasons why a guardian is needed and recent
documentation demonstrating the need for a guardianship. The
documentation may include, without limitation:
(1) A certificate signed by a physician who is licensed to
practice medicine in this State stating the need for a guardian;
(2) A letter signed by any governmental agency in this State
which conducts investigations stating the need for a guardian; or
(3) A certificate signed by any other person whom the court
finds qualified to execute a certificate stating the need for a guardian.
(k) Whether the appointment of a general or a special guardian is
sought.
(l) A general description and the probable value of the property of
the proposed ward and any income to which the proposed ward is or will be
entitled, if the petition is for the appointment of a guardian of the
estate or a special guardian. If any money is paid or is payable to the
proposed ward by the United States through the Department of Veterans
Affairs, the petition must so state.
(m) The name and address of any person or care provider having the
care, custody or control of the proposed ward.
(n) The relationship, if any, of the petitioner to the proposed
ward and the interest, if any, of the petitioner in the appointment.
(o) Requests for any of the specific powers set forth in NRS
159.117 to 159.175 , inclusive, necessary to enable the guardian
to carry out the duties of the guardianship.
(p) Whether the guardianship is sought as the result of an
investigation of a report of abuse or neglect that is conducted pursuant
to chapter 432B of NRS by an agency which provides child welfare services. As used
in this paragraph, “agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030 .
(q) Whether the proposed ward is a party to any pending criminal or
civil litigation.
(r) Whether the guardianship is sought for the purpose of
initiating litigation.
(s) Whether the proposed ward has executed a durable power of
attorney for health care, a durable power of attorney for financial
matters or a written nomination of guardian and, if so, who the named
agents are for each document.
(Added to NRS by 1981, 1931; A 1989, 533; 1995, 1076, 2771; 1997,
1343; 1999, 1396 ; 2001 Special Session, 15 ; 2003, 1772 ; 2005, 815 )
1. On or after the date of the filing of a petition to appoint a
guardian:
(a) The court may appoint a person to represent the ward or
proposed ward as a guardian ad litem; and
(b) The guardian ad litem must represent the ward or proposed ward
as a guardian ad litem until relieved of that duty by court order.
2. Upon the appointment of the guardian ad litem, the court shall
set forth in the order of appointment the duties of the guardian ad litem.
3. The guardian ad litem is entitled to reasonable compensation
from the estate of the ward or proposed ward. If the court finds that a
person has unnecessarily or unreasonably caused the appointment of a
guardian ad litem, the court may order the person to pay to the estate of
the ward or proposed ward all or part of the expenses associated with the
appointment of the guardian ad litem.
(Added to NRS by 2003, 1758 )
1. Upon filing of the petition, or any time thereafter, the court
may appoint one or more investigators to:
(a) Locate persons who perform services needed by the proposed ward
and other public and private resources available to the proposed ward.
(b) Determine any competing interests in the appointment of a
guardian.
(c) Investigate allegations or claims which affect a ward or
proposed ward.
2. An investigator may be an employee of a social service agency,
family service officer of the court, public guardian, physician or other
qualified person.
3. An investigator shall file with the court and parties a report
concerning the scope of the appointment of the guardian and any special
powers which a guardian would need to assist the proposed ward.
4. An investigator who is appointed pursuant to this section is
entitled to reasonable compensation from the estate of the proposed ward.
If the court finds that a person has unnecessarily or unreasonably caused
the investigation, the court may order the person to pay to the estate of
the proposed ward all or part of the expenses associated with the
investigation.
(Added to NRS by 1981, 1932; A 2003, 1773 )
1. Except as otherwise provided in NRS 159.0475 and 159.049
to 159.0525 , inclusive, upon the
filing of a petition under NRS 159.044 ,
the clerk shall issue a citation setting forth a time and place for the
hearing and directing the persons or care provider referred to in
subsection 2 to appear and show cause why a guardian should not be
appointed for the proposed ward.
2. A citation issued under subsection 1 must be served:
(a) Upon a proposed ward who is 14 years of age or older;
(b) Upon the spouse of the proposed ward and all other known
relatives of the proposed ward who are:
(1) Fourteen years of age or older; and
(2) Within the second degree of consanguinity;
(c) Upon the parent or legal guardian of all known relatives of the
proposed ward who are:
(1) Less than 14 years of age; and
(2) Within the second degree of consanguinity;
(d) If there is no spouse of the proposed ward and there are no
known relatives of the proposed ward who are within the second degree of
consanguinity to the proposed ward, upon the office of the public
guardian of the county where the proposed ward resides; and
(e) Upon any person or officer of a care provider having the care,
custody or control of the proposed ward.
(Added to NRS by 1969, 414; A 1981, 1934; 1999, 1397 ; 2001, 870 ; 2003, 1774 )
1. A copy of the citation issued pursuant to NRS 159.047 must be served by:
(a) Certified mail, with a return receipt requested, on each person
required to be served pursuant to NRS 159.047 at least 20 days before the hearing; or
(b) Personal service in the manner provided pursuant to N.R.C.P. 4
(d) at least 10 days before the date set for the hearing on
each person required to be served pursuant to NRS 159.047 .
2. If none of the persons on whom the citation is to be served
can, after due diligence, be served by certified mail or personal service
and this fact is proven, by affidavit, to the satisfaction of the court,
service of the citation must be made by publication in the manner
provided by N.R.C.P. 4 (e). In all such cases, the citation must be published at
least 20 days before the date set for the hearing.
3. A citation need not be served on a person or an officer of the
care provider who has signed the petition or a written waiver of service
of citation or who makes a general appearance.
4. If the proposed ward is receiving money paid or payable by the
United States through the Department of Veterans Affairs, a copy of the
citation must be mailed to any office of the Department of Veterans
Affairs in this State, unless the Department of Veterans Affairs has
executed a written waiver of service of citation.
5. The court may find that notice is sufficient if:
(a) The citation has been served by certified mail, with a return
receipt requested, or by personal service on the proposed ward, care
provider or public guardian required to be served pursuant to NRS 159.047
; and
(b) At least one relative of the proposed ward who is required to
be served pursuant to NRS 159.047 has
been served, as evidenced by the return receipt or the certificate of
service. If the court finds that at least one relative of the proposed
ward has not received notice that is sufficient, the court will require
the citation to be published pursuant to subsection 2.
(Added to NRS by 1969, 414; A 1981, 1935; 1995, 1077; 2003, 1775
)
The citation issued pursuant to
NRS 159.047 must state that the:
1. Proposed ward may be adjudged to be incompetent or of limited
capacity and a guardian may be appointed for the proposed ward;
2. Proposed ward’s rights may be affected as specified in the
petition;
3. Proposed ward has the right to appear at the hearing and to
oppose the petition; and
4. Proposed ward has the right to be represented by an attorney,
who may be appointed for the proposed ward by the court if the proposed
ward is unable to retain one.
(Added to NRS by 1981, 1931; A 2003, 1775 )
A
minor ward or proposed minor ward who is the subject of proceedings held
pursuant to this chapter may be represented by an attorney at all stages
of the proceedings. If the minor ward or proposed minor ward is
represented by an attorney, the attorney has the same authority and
rights as an attorney representing a party to the proceedings.
(Added to NRS by 2001, 1708 )
1. If an adult ward or proposed adult ward is unable to retain
legal counsel and requests the appointment of counsel, at any stage in a
guardianship proceeding and whether or not the adult ward or proposed
adult ward lacks or appears to lack capacity, the court shall, at or
before the time of the next hearing, appoint an attorney who works for
legal aid services, if available, or a private attorney to represent the
adult ward or proposed adult ward. The appointed attorney must represent
the adult ward or proposed adult ward until relieved of the duty by court
order.
2. Subject to the discretion and approval of the court, the
attorney for the adult ward or proposed adult ward is entitled to
reasonable compensation which must be paid from the estate of the adult
ward or proposed adult ward. If the court finds that a person has
unnecessarily or unreasonably caused the appointment of an attorney, the
court may order the person to pay to the estate of the adult ward or
proposed adult ward all or part of the expenses associated with the
appointment of the attorney.
(Added to NRS by 1999, 1396 ; A 2003, 1776 )
APPOINTMENT OF GUARDIANS
Any court of competent
jurisdiction may appoint:
1. Guardians of the person, of the estate, or of the person and
estate for resident incompetents or resident minors.
2. Guardians of the person or of the person and estate for
incompetents or minors who, although not residents of this State, are
physically present in this State and whose welfare requires such an
appointment.
3. Guardians of the estate for nonresident incompetents or
nonresident minors who have property within this State.
4. Guardians of the person, of the estate, or of the person and
estate for incompetents or minors who previously have been appointed by
the court of another state and who provide proof of the filing of an
exemplified copy of the order from the court of the other state that
appointed the guardian and a bond issued in this State as ordered by the
court of the other state. As used in this subsection, “guardian”
includes, without limitation, a conservator.
5. Special guardians.
6. Guardians ad litem.
(Added to NRS by 1969, 412; A 1981, 1934; 2003, 1771 )—(Substituted in revision for NRS 159.035)
The court
may, without issuing a citation, appoint a guardian for the proposed ward
if the:
1. Petitioner is a parent who has sole legal and physical custody
of the proposed ward as evidenced by a valid court order or birth
certificate and who is seeking the appointment of a guardian for the
minor child of the parent. If the proposed ward is a minor who is 14
years of age or older:
(a) The petition must be accompanied by the written consent of the
minor to the appointment of the guardian; or
(b) The minor must consent to the appointment of the guardian in
open court.
2. Petitioner is a foreign guardian of a nonresident proposed
ward, and the petition is accompanied by:
(a) An exemplified copy of the record of the appointment of the
foreign guardian; and
(b) Evidence of the existing authority of the foreign guardian.
(Added to NRS by 1969, 414; A 1981, 1934; 1997, 1194; 2003, 1776
)
1. A petitioner may request the court to appoint a temporary
guardian for a ward who is a minor and who is unable to respond to a
substantial and immediate risk of physical harm or to a need for
immediate medical attention. To support the request, the petitioner must
set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward faces a substantial and
immediate risk of physical harm or needs immediate medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the
persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing
of the petition;
(2) The proposed ward would be exposed to an immediate risk
of physical harm if the petitioner were to provide notice to the persons
entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint
a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant
to NRS 159.047 is not feasible under
the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days
if the court:
(a) Finds reasonable cause to believe that the proposed ward may
suffer a substantial and immediate risk of physical harm or needs
immediate medical attention; and
(b) Is satisfied that the petitioner has tried in good faith to
notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not
feasible under the circumstances, or determines that such notice is not
required pursuant to subparagraph (2) of paragraph (b) of subsection 1.
3. Except as otherwise provided in subsection 4, after the
appointment of a temporary guardian, the petitioner shall attempt in good
faith to notify the persons entitled to notice pursuant to NRS 159.047
, including, without limitation, notice
of any hearing to extend the temporary guardianship. If the petitioner
fails to make such an effort, the court may terminate the temporary
guardianship.
4. If, before the appointment of a temporary guardian, the court
determined that advance notice was not required pursuant to subparagraph
(2) of paragraph (b) of subsection 1, the petitioner shall notify the
persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48
hours after the appointment of the temporary guardian or not later than
48 hours after the petitioner discovers the existence, identity and
location of the persons entitled to notice pursuant to that section. If
the petitioner fails to provide such notice, the court may terminate the
temporary guardianship.
5. Not later than 10 days after the date of the appointment of a
temporary guardian pursuant to subsection 2, the court shall hold a
hearing to determine the need to extend the temporary guardianship.
Except as otherwise provided in subsections 7 and 8, if the court finds
by clear and convincing evidence that the proposed ward is unable to
respond to a substantial and immediate risk of physical harm or to a need
for immediate medical attention, the court may extend the temporary
guardianship until a general or special guardian is appointed, but not
for more than 30 days.
6. If the court appoints a temporary guardian or extends the
temporary guardianship pursuant to this section, the court shall limit
the powers of the temporary guardian to those necessary to respond to the
substantial and immediate risk of physical harm or to a need for
immediate medical attention.
7. The court may not extend a temporary guardianship pursuant to
subsection 5 beyond the initial period of 10 days unless the petitioner
demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4 (e) is currently being undertaken.
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.
(Added to NRS by 1981, 1932; A 1997, 1194; 1999, 1397 ; 2001, 871 ; 2003, 1776 )
1. A petitioner may request the court to appoint a temporary
guardian for a ward who is an adult and who is unable to respond to a
substantial and immediate risk of physical harm or to a need for
immediate medical attention. To support the request, the petitioner must
set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of physical harm
or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk of harm or to
obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the
persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing
of the petition;
(2) The proposed ward would be exposed to an immediate risk
of physical harm if the petitioner were to provide notice to the persons
entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint
a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant
to NRS 159.047 is not feasible under
the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days
if the court:
(a) Finds reasonable cause to believe that the proposed ward is
unable to respond to a substantial and immediate risk of physical harm or
to a need for immediate medical attention;
(b) Is satisfied that the petitioner has tried in good faith to
notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not
feasible under the circumstances, or determines that such notice is not
required pursuant to subparagraph (2) of paragraph (b) of subsection 1;
and
(c) Finds that the petition required pursuant to subsection 1 is
accompanied by:
(1) A certificate signed by a physician who is licensed to
practice in this State which states that the proposed ward is unable to
respond to a substantial and immediate risk of physical harm or to a need
for immediate medical attention; or
(2) The affidavit of the petitioner which explains the
reasons why the certificate described in subparagraph (1) is not
immediately obtainable.
3. Except as otherwise provided in subsection 4, after the
appointment of a temporary guardian, the petitioner shall attempt in good
faith to notify the persons entitled to notice pursuant to NRS 159.047
, including, without limitation, notice
of any hearing to extend the temporary guardianship. If the petitioner
fails to make such an effort, the court may terminate the temporary
guardianship.
4. If, before the appointment of a temporary guardian, the court
determined that advance notice was not required pursuant to subparagraph
(2) of paragraph (b) of subsection 1, the petitioner shall notify the
persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48
hours after the appointment of the temporary guardian or not later than
48 hours after the petitioner discovers the existence, identity and
location of the persons entitled to notice pursuant to that section. If
the petitioner fails to provide such notice, the court may terminate the
temporary guardianship.
5. Not later than 10 days after the date of the appointment of a
temporary guardian pursuant to subsection 2, the court shall hold a
hearing to determine the need to extend the temporary guardianship.
Except as otherwise provided in subsections 7 and 8, the court may extend
the temporary guardianship until a general or special guardian is
appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the
court finds by clear and convincing evidence that the proposed ward is
unable to respond to a substantial and immediate risk of physical harm or
to a need for immediate medical attention; or
(b) The certificate required by subsection 2 has not been filed and
the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial
and immediate risk of physical harm or to a need for immediate medical
attention;
(2) Circumstances have prevented the petitioner or temporary
guardian from obtaining the certificate required pursuant to subsection
2; and
(3) The extension of the temporary guardianship is necessary
and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian or extends the
temporary guardianship pursuant to this section, the court shall limit
the powers of the temporary guardian to those necessary to respond to the
substantial and immediate risk of physical harm or to a need for
immediate medical attention.
7. The court may not extend a temporary guardianship pursuant to
subsection 5 beyond the initial period of 10 days unless the petitioner
demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4 (e) is currently being undertaken.
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.
(Added to NRS by 2001, 867 ; A 2003, 1778 )
1. A petitioner may request the court to appoint a temporary
guardian for a ward who is unable to respond to a substantial and
immediate risk of financial loss. To support the request, the petitioner
must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of financial
loss; and
(2) Lacks capacity to respond to the risk of loss; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the
persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing
of the petition;
(2) The proposed ward would be exposed to an immediate risk
of financial loss if the petitioner were to provide notice to the persons
entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint
a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant
to NRS 159.047 is not feasible under
the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days
if the court:
(a) Finds reasonable cause to believe that the proposed ward is
unable to respond to a substantial and immediate risk of financial loss;
(b) Is satisfied that the petitioner has tried in good faith to
notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not
feasible under the circumstances, or determines that such notice is not
required pursuant to subparagraph (2) of paragraph (b) of subsection 1;
and
(c) For a proposed ward who is an adult, finds that the petition
required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician who is licensed to
practice in this State which states that the proposed ward is unable to
respond to a substantial and immediate risk of financial loss; or
(2) The affidavit of the petitioner which explains the
reasons why the certificate described in subparagraph (1) is not
immediately obtainable.
3. Except as otherwise provided in subsection 4, after the
appointment of a temporary guardian, the petitioner shall attempt in good
faith to notify the persons entitled to notice pursuant to NRS 159.047
, including, without limitation, notice
of any hearing to extend the temporary guardianship. If the petitioner
fails to make such an effort, the court may terminate the temporary
guardianship.
4. If, before the appointment of a temporary guardian, the court
determined that advance notice was not required pursuant to subparagraph
(2) of paragraph (b) of subsection 1, the petitioner shall notify the
persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48
hours after the appointment of the temporary guardian or not later than
48 hours after the petitioner discovers the existence, identity and
location of the persons entitled to notice pursuant to that section. If
the petitioner fails to provide such notice, the court may terminate the
temporary guardianship.
5. Not later than 10 days after the date of the appointment of a
temporary guardian pursuant to subsection 2, the court shall hold a
hearing to determine the need to extend the temporary guardianship.
Except as otherwise provided in subsections 7 and 8, if the proposed ward
is a minor and the court finds by clear and convincing evidence that the
proposed ward is unable to respond to a substantial and immediate risk of
financial loss, the court may extend the temporary guardianship until a
general or special guardian is appointed, but not for more than 30 days.
Except as otherwise provided in subsection 7, if the proposed ward is an
adult, the court may extend the temporary guardianship until a general or
special guardian is appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the
court finds by clear and convincing evidence that the proposed ward is
unable to respond to a substantial and immediate risk of financial loss;
or
(b) The certificate required by subsection 2 has not been filed and
the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial
and immediate risk of financial loss;
(2) Circumstances have prevented the petitioner or temporary
guardian from obtaining the certificate required pursuant to subsection
2; and
(3) The extension of the temporary guardianship is necessary
and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian or extends the
temporary guardianship pursuant to this section, the court shall limit
the powers of the temporary guardian to those necessary to respond to the
substantial and immediate risk of financial loss.
7. The court may not extend a temporary guardianship pursuant to
subsection 5 beyond the initial period of 10 days unless the petitioner
demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4 (e) is currently being undertaken.
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.
(Added to NRS by 2001, 869 ; A 2003, 1779 )
1. A proposed ward who is found in this state must attend the
hearing for the appointment of a guardian unless:
(a) A certificate signed by a physician who is licensed to practice
in this state specifically states the condition of the proposed ward and
the reasons why the proposed ward is unable to appear in court; or
(b) A certificate signed by any other person the court finds
qualified to execute a certificate states the condition of the proposed
ward and the reasons why the proposed ward is unable to appear in court.
2. If the proposed ward is not in this state, the proposed ward
must attend the hearing only if the court determines that the attendance
of the proposed ward is necessary in the interests of justice.
(Added to NRS by 1981, 1932; A 2003, 1781 )
1. If the court finds the proposed ward competent and not in need
of a guardian, the court shall dismiss the petition.
2. If the court finds the proposed ward to be of limited capacity
and in need of a special guardian, the court shall enter an order
accordingly and specify the powers and duties of the special guardian.
3. If the court finds that appointment of a general guardian is
required, the court shall appoint a general guardian of the ward’s
person, estate, or person and estate.
(Added to NRS by 1981, 1932; A 2003, 1781 )
1. The petitioner has the burden of proving by clear and
convincing evidence that the appointment of a guardian of the person, of
the estate, or of the person and estate is necessary.
2. If it appears to the court that the allegations of the petition
are sufficient and that a guardian should be appointed for the proposed
ward, the court shall enter an order appointing a guardian. The order
must:
(a) Specify whether the guardian appointed is guardian of the
person, of the estate, of the person and estate or a special guardian;
(b) Specify whether the ward is a resident or nonresident of this
State;
(c) Specify the amount of the bond to be executed and filed by the
guardian; and
(d) Designate the names and addresses, so far as may be determined,
of:
(1) The relatives of the proposed ward upon whom notice must
be served pursuant to NRS 159.047 ; and
(2) Any other interested person.
3. A notice of entry of the court order must be sent to:
(a) The relatives of the proposed ward upon whom notice must be
served pursuant to NRS 159.047 ; and
(b) Any other interested person.
(Added to NRS by 1969, 415; A 1981, 1936; 2003, 1781 )
1. Where the appointment of a guardian is sought for two or more
proposed wards who are children of a common parent, parent and child or
husband and wife, it is not necessary that separate petitions, bonds and
other papers be filed with respect to each proposed ward or wards.
2. If a guardian is appointed for such wards, the guardian:
(a) Shall keep separate accounts of the estate of each ward;
(b) May make investments for each ward;
(c) May compromise and settle claims against one or more wards; and
(d) May sell, lease, mortgage or otherwise manage the property of
one or more wards.
3. The guardianship may be terminated with respect to less than
all the wards in the same manner as provided by law with respect to a
guardianship of a single ward.
(Added to NRS by 1969, 415; A 2003, 1782 )
Except as otherwise
provided in NRS 159.0595 , any
qualified person or entity that the court finds suitable may serve as a
guardian. A person is not qualified to serve as a guardian who:
1. Is an incompetent.
2. Is a minor.
3. Has been convicted of a felony relating to the position of a
guardian, unless the court finds that it is in the best interests of the
ward to appoint the convicted felon as the guardian of the ward.
4. Has been suspended for misconduct or disbarred from:
(a) The practice of law;
(b) The practice of accounting; or
(c) Any other profession which:
(1) Involves or may involve the management or sale of money,
investments, securities or real property; and
(2) Requires licensure in this State or any other state,
Ê during the period of the suspension or disbarment.
5. Is a nonresident of this State and:
(a) Is not a foreign guardian of a nonresident proposed ward
pursuant to subsection 2 of NRS 159.049 ;
(b) Has not associated as a coguardian, a resident of this State or
a banking corporation whose principal place of business is in this State;
and
(c) Is not a petitioner in the guardianship proceeding.
6. Has been judicially determined, by clear and convincing
evidence, to have committed abuse, neglect or exploitation of a 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.
(Added to NRS by 1969, 415; A 1971, 158; 1979, 788; 1999, 1399
; 2003, 1782 , 2691 ; 2005, 816 )
1. A private professional guardian, if a person, must be qualified
to serve as a guardian pursuant to NRS 159.059 and must be a registered guardian or master
guardian unless a hearing is held and the court finds that good cause
exists to waive the requirement that the private professional guardian be
a registered guardian or master guardian.
2. A private professional guardian, if an entity, must be
qualified to serve as a guardian pursuant to NRS 159.059 and must have a registered guardian or master
guardian involved in the day-to-day operation or management of the entity
unless a hearing is held and the court finds that good cause exists to
waive the requirement that the private professional guardian have a
registered guardian or master guardian involved in the day-to-day
operation or management of the entity.
3. As used in this section:
(a) “Entity” includes, without limitation, a corporation, whether
or not for profit, a limited-liability company and a partnership.
(b) “Master guardian” means a person who is certified by the
National Guardianship Foundation or any successor organization as a
master guardian.
(c) “Person” means a natural person.
(d) “Registered guardian” means a person who is certified by the
National Guardianship Foundation or any successor organization as a
registered guardian.
(Added to NRS by 2005, 814 )
1. The parents of a minor, or either parent, if qualified and
suitable, are preferred over all others for appointment as guardian for
the minor. The appointment of a parent as a guardian of the person must
not conflict with a valid order for custody of the minor. In determining
whether the parents of a minor, or either parent, is qualified and
suitable, the court shall consider, without limitation:
(a) Which parent has physical custody of the minor;
(b) The ability of the parents or parent to provide for the basic
needs of the child, including, without limitation, food, shelter,
clothing and medical care;
(c) Whether the parents or parent has engaged in the habitual use
of alcohol or any controlled substance during the previous 6 months,
except the use of marijuana in accordance with the provisions of chapter
453A of NRS; and
(d) Whether the parents or parent has been convicted of a crime of
moral turpitude, a crime involving domestic violence or a crime involving
the exploitation of a child.
2. Subject to the preference set forth in subsection 1, the court
shall appoint as guardian for an incompetent, a person of limited
capacity or minor the qualified person who is most suitable and is
willing to serve.
3. In determining who is most suitable, the court shall give
consideration, among other factors, to:
(a) Any request for the appointment as guardian for an incompetent
contained in a written instrument executed by the incompetent while
competent.
(b) Any nomination of a guardian for an incompetent, minor or
person of limited capacity contained in a will or other written
instrument executed by a parent or spouse of the proposed ward.
(c) Any request for the appointment as guardian for a minor 14
years of age or older made by the minor.
(d) The relationship by blood, adoption or marriage of the proposed
guardian to the proposed ward. In considering preferences of appointment,
the court may consider relatives of the half blood equally with those of
the whole blood. The court may consider relatives in the following order
of preference:
(1) Spouse.
(2) Adult child.
(3) Parent.
(4) Adult sibling.
(5) Grandparent or adult grandchild.
(6) Uncle, aunt, adult niece or adult nephew.
(e) Any recommendation made by a master of the court or special
master pursuant to NRS 159.0615 .
(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 may appoint as guardian:
(a) The public guardian of the county where the ward resides, if:
(1) There is a public guardian in the county where the ward
resides; and
(2) The proposed ward qualifies for a public guardian
pursuant to chapter 253 of NRS;
(b) A private fiduciary who may obtain a bond in this State and who
is a resident of this State, if the court finds that the interests of the
ward will be served appropriately by the appointment of a private
fiduciary; or
(c) A private professional guardian who meets the requirements of
NRS 159.0595 .
(Added to NRS by 1969, 416; A 1981, 1936; 1997, 1344; 1999, 142
; 2001, 3072 ; 2003, 1783 ; 2005, 817 )
1. If the court determines that a person may be in need of a
guardian, the court may order the appointment of a master of the court or
a special master from among the members of the State Bar of Nevada to
conduct a hearing to identify the person most qualified and suitable to
serve as guardian for the proposed ward.
2. Not later than 5 calendar days after the date of the hearing,
the master of the court or special master shall prepare and submit to the
court a recommendation regarding which person is most qualified and
suitable to serve as guardian for the proposed ward.
(Added to NRS by 1997, 1342; A 2003, 1784 )
If the court or a master of
the court or special master appointed pursuant to NRS 159.0615 finds that a parent or other relative,
teacher, friend or neighbor of a proposed ward or any other interested
person:
1. Has a personal interest in the well-being of the proposed ward;
or
2. Possesses information that is relevant to the determination of
who should serve as guardian for the proposed ward,
Ê the court or a master of the court or special master appointed pursuant
to NRS 159.0615 may allow the person
to testify at any hearing held pursuant to this chapter to determine the
person most qualified and suitable to serve as guardian for the proposed
ward.
(Added to NRS by 1997, 1343; A 2003, 1784 )
A parent or spouse of an
incompetent, minor or person of limited capacity may by will nominate a
guardian. The person nominated must file a petition and obtain an
appointment from the court before exercising the powers of a guardian.
(Added to NRS by 1981, 1933)
1. Except as otherwise provided by law, every guardian shall,
before entering upon his duties as guardian, execute and file in the
guardianship proceeding a bond, with sufficient surety or sureties, in
such amount as the court determines necessary for the protection of the
ward and the estate of the ward, and conditioned upon the faithful
discharge by the guardian of his authority and duties according to law.
The bond must be approved by the clerk. Sureties must be jointly and
severally liable with the guardian and with each other.
2. If a banking corporation, as defined in NRS 657.016 , doing business in this state, is appointed guardian of the
estate of a ward, no bond is required of the guardian, unless
specifically required by the court.
3. Joint guardians may unite in a bond to the ward or wards, or
each may give a separate bond.
4. If there are no assets of the ward, no bond is required of the
guardian.
5. If a person is appointed in a will to be guardian and the will
provides that no bond is to be required of the guardian, the court may
direct letters of guardianship to issue to the guardian after the
guardian:
(a) Takes and subscribes the oath of office; and
(b) Files the appropriate documents which contain the full legal
name and address of the guardian.
6. In lieu of executing and filing a bond, the guardian may
request that access to certain assets be blocked. The court may grant the
request and order letters of guardianship to issue to the guardian if
sufficient evidence is filed with the court to establish that such assets
are being held in a manner that prevents the guardian from accessing the
assets without a specific court order.
(Added to NRS by 1969, 416; A 1971, 1010; 1973, 386; 2003, 1784
)
1. The court may at any time, for good cause and after notice to
the guardian, increase or decrease the amount of the bond required of a
guardian.
2. The court may at any time, where the bond or the sureties are
determined to be insufficient or for other good cause, require a guardian
to execute and file a new or additional bond. The court may exonerate the
sureties on a former bond from any liabilities thereunder arising from
the acts or omissions of their principal after such exoneration.
(Added to NRS by 1969, 417)
Every bond given by
a guardian shall be filed and preserved in the office of the clerk of the
district court of the county in which the guardianship proceeding is
conducted. In case of the breach of any condition of such bond, an action
may be maintained in behalf of the ward or wards jointly if all are
interested, or of any person interested in the estate, and such bond
shall not be void on the first recovery. If the action on the bond is in
behalf of one ward on a bond given to more than one ward, the other wards
mentioned in the bond need not be united in or made parties to such
action.
(Added to NRS by 1969, 417)
No action may be
maintained against the sureties on any bond given by a guardian unless it
is commenced within 3 years from the time the guardian is discharged,
unless at the time of such discharge the person entitled to bring the
action is under any legal disability to sue, in which case the action may
be brought at any time within 3 years after the disability is removed.
(Added to NRS by 1969, 417)
Every guardian shall, before entering upon his duties as guardian and
before letters of guardianship may issue:
1. Take and subscribe the official oath which must:
(a) Be endorsed on the letters of guardianship; and
(b) State that the guardian will well and faithfully perform the
duties of guardian according to law.
2. File in the proceeding the appropriate documents which include,
without limitation, the full legal name of the guardian and his residence
and post office addresses.
(Added to NRS by 1969, 417; A 1999, 1399 ; 2003, 1785 )
1. A copy of the order appointing the guardian must be served
personally or by mail upon the ward not later than 5 days after the date
of the appointment of the guardian.
2. The order must contain the names, addresses and telephone
numbers of the guardian, the ward’s attorney, if any, and the
investigator.
3. A notice of entry of the order must be filed with the court.
(Added to NRS by 1981, 1932; A 2003, 1785 )
When a guardian has taken
the official oath and filed a bond as provided in this chapter, the court
shall order letters of guardianship to issue to the guardian. Letters of
guardianship may be in the following form:
State of Nevada }
}ss.
County of................................. }
On .......... (month) .......... (day) ..........(year) the
................ Judicial District Court, ................ County, State
of Nevada, appointed......................... (name of guardian)
...........................(guardian of the person or estate or person
and estate or special guardian) for ........................, (name of
ward) a(n) ........................., (minor or adult) that the named
guardian has qualified and has the authority and shall perform the duties
of
...........................................................................
... (guardian of the person or estate or person and estate or special
guardian) for the named ward as provided by law.
In Testimony Whereof, I have hereunto subscribed my name and affixed the
seal of the court at my office on .......... (month) .......... (day)
.......... (year).
.......................................................................
Clerk
(SEAL)
.......................................................................
Deputy Clerk
(Added to NRS by 1969, 417; A 1981, 1936; 2001, 35 ; 2003, 1785 )
ADMINISTRATION OF SMALLER ESTATES
If, at the time of the appointment of the guardian or
thereafter, the estate of a ward consists of personal property having a
value not exceeding by more than $5,000 the aggregate amount of unpaid
expenses of administration of the guardianship estate and claims against
the estate, the guardian of the estate, with prior approval of the court
by order, may pay those expenses and claims from the estate and deliver
all the remaining personal property to such person as the court may
designate in the order, to be held, invested or used as ordered by the
court. The recipient of the property so delivered shall give a receipt
therefor to the guardian. The receipt is a release and acquittance to the
guardian as to the property so delivered. The guardian shall file in the
proceeding proper receipts or other evidence satisfactory to the court
showing the delivery, and the guardian is released from his trust and his
bond exonerated.
(Added to NRS by 1969, 432; A 1999, 1400 )—(Substituted in revision for NRS 159.189)
1. The court may grant a summary administration if, at any time,
it appears to the court that after payment of all claims and expenses of
the guardianship the value of the ward’s property does not exceed $5,000.
2. If the court grants a summary administration, the court may:
(a) Authorize the guardian of the estate or special guardian who is
authorized to manage the ward’s property to convert the property to cash
and sell any of the property, with or without notice, as the court may
direct. After the payment of all claims and the expenses of the
guardianship, the guardian shall deposit the money in savings accounts or
invest the money as provided in NRS 159.117 , and hold the investment and all interest,
issues, dividends and profits for the benefit of the ward. The court may
dispense with annual accountings and all other proceedings required by
this chapter.
(b) If the ward is a minor, terminate the guardianship of the
estate and direct the guardian to deliver the ward’s property to the
custodial parent or parents, guardian or custodian of the minor to hold,
invest or use as the court may order.
3. Whether the court grants a summary administration at the time
the guardianship is established or at any other time, the guardian shall
file an inventory and record of value with the court.
4. If, at any time, the net value of the estate of the ward
exceeds $5,000:
(a) The guardian shall file an amended inventory and accounting
with the court;
(b) The guardian shall file annual accountings; and
(c) The court may require the guardian to post a bond.
(Added to NRS by 1969, 433; A 1981, 1938; 1999, 1401 ; 2003, 1801 )—(Substituted in revision for NRS 159.201)
POWERS AND DUTIES OF GUARDIANS
A
guardian of the person and estate has the authority and shall perform the
duties as provided by law for a guardian of the person and a guardian of
the estate.
(Added to NRS by 1969, 418)
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.
Ê 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.
(Added to NRS by 2003, 1769 )
1. Except as otherwise ordered by the court, a guardian of the
person has the care, custody and control of the person of the ward, and
has the authority and, subject to subsection 2, shall perform the duties
necessary for the proper care, maintenance, education and support of the
ward, including the following:
(a) Supplying the ward with food, clothing, shelter and all
incidental necessaries.
(b) Authorizing medical, surgical, dental, psychiatric,
psychological, hygienic or other remedial care and treatment for the ward.
(c) Seeing that the ward is properly trained and educated and that
the ward has the opportunity to learn a trade, occupation or profession.
2. In the performance of the duties enumerated in subsection 1 by
a guardian of the person, due regard must be given to the extent of the
estate of the ward. A guardian of the person is not required to incur
expenses on behalf of the ward except to the extent that the estate of
the ward is sufficient to reimburse the guardian.
3. This section does not relieve a parent or other person of any
duty required by law to provide for the care, support and maintenance of
any dependent.
(Added to NRS by 1969, 418; A 1999, 1399 ; 2003, 1786 )
1. A special guardian shall exercise supervisory authority over
the ward in a manner which is least restrictive of the ward’s personal
freedom and which is consistent with the ward’s need for supervision and
protection.
2. A special guardian has the powers set forth in the order
appointing the special guardian and any other powers given to him in an
emergency which are necessary and consistent to resolve the emergency or
protect the ward from imminent harm.
(Added to NRS by 1981, 1933; A 2003, 1786 )
1. Except when responding to an emergency, a special guardian of a
person of limited capacity shall apply to the court for instruction or
approval before commencing any act relating to the person of limited
capacity.
2. The court may grant a special guardian of a person of limited
capacity the power to manage and dispose of the estate of the ward
pursuant to NRS 159.117 to 159.175
, inclusive, and perform any other act
relating to the ward upon specific instructions or approval of the court.
(Added to NRS by 1981, 1933; A 2003, 1786 )
1. Except as otherwise provided in subsection 2, a guardian shall
not consent to:
(a) The experimental, medical, biomedical or behavioral treatment
of a ward;
(b) The sterilization of a ward;
(c) The participation of a ward in any biomedical or behavioral
experiment; or
(d) The commitment of a ward to a mental health facility.
2. The guardian may consent to and commence any treatment,
experiment or commitment described in subsection 1 if the guardian
applies to and obtains from the court authority to consent to and
commence the treatment, experiment or commitment.
3. The court may authorize the guardian to consent to and commence
any treatment, experiment or commitment described in subsection 1 only if
the treatment, experiment or commitment:
(a) Is of direct benefit to, and intended to preserve the life of
or prevent serious impairment to the mental or physical health of, the
ward; or
(b) Is intended to assist the ward to develop or regain the ward’s
abilities.
(Added to NRS by 1981, 1933; A 1999, 1400 ; 2003, 1786 )
1. A guardian of the person shall make and file in the
guardianship proceeding for review of the court a written report on the
condition of the ward and the exercise of authority and performance of
duties by the guardian:
(a) Annually, not later than 60 days after the anniversary date of
the appointment of the guardian; and
(b) At such other times as the court may order.
2. The guardian of the person shall give to the guardian of the
estate, if any, a copy of each report not later than 30 days after the
date the report is filed with the court.
3. The court is not required to hold a hearing or enter an order
regarding the report.
(Added to NRS by 1969, 418; A 2003, 1787 )
A guardian
of the estate shall:
1. Protect, preserve, manage and dispose of the estate of the ward
according to law and for the best interests of the ward.
2. Apply the estate of the ward for the proper care, maintenance,
education and support of the ward and any person to whom the ward owes a
legal duty of support, having due regard for other income or property
available to support the ward or any person to whom the ward owes a legal
duty of support.
3. Have such other authority and perform such other duties as are
provided by law.
(Added to NRS by 1969, 418)
1. Not later than 60 days after the date of the appointment of a
general or special guardian of the estate or, if necessary, such further
time as the court may allow, the guardian shall make and file in the
guardianship proceeding a verified inventory of all of the property of
the ward which comes to the possession or knowledge of the guardian.
2. A temporary guardian of the estate who is not appointed as the
general or special guardian shall file an inventory with the court by not
later than the date on which the temporary guardian files a final
accounting as required pursuant to NRS 159.177 .
3. The guardian shall take and subscribe an oath, which must be
endorsed or attached to the inventory, before any person authorized to
administer oaths, that the inventory contains a true statement of:
(a) All of the estate of the ward which has come into the
possession of the guardian;
(b) All of the money that belongs to the ward; and
(c) All of the just claims of the ward against the guardian.
4. Whenever any property of the ward not mentioned in the
inventory comes to the possession or knowledge of a guardian of the
estate, the guardian shall:
(a) Make and file in the proceeding a verified supplemental
inventory not later than 30 days after the date the property comes to the
possession or knowledge of the guardian; or
(b) Include the property in the next accounting.
5. The court may order which of the two methods described in
subsection 4 the guardian shall follow.
6. The court may order all or any part of the property of the ward
appraised as provided in NRS 159.0865
and 159.305 .
7. If the guardian neglects or refuses to file the inventory
within the time required pursuant to subsection 1, the court may, for
good cause shown and upon such notice as the court deems appropriate:
(a) Revoke the letters of guardianship and the guardian shall be
liable on the bond for any loss or injury to the estate caused by the
neglect of the guardian; or
(b) Enter a judgment for any loss or injury to the estate caused by
the neglect of the guardian.
(Added to NRS by 1969, 419; A 1997, 1494; 1999, 1400 ; 2003, 1787 )
1. Except as otherwise provided in subsection 2, the guardian of
an estate shall cause an appraisal or valuation of any asset of a
guardianship estate to be conducted by a disinterested appraiser,
certified public accountant or expert in valuation and file the appraisal
or valuation with the court.
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.
(Added to NRS by 2003, 1758 )
1. Before appraising or valuing any asset of the guardianship
estate, each appraiser, certified public accountant or expert in
valuation shall certify that the appraiser, accountant or expert will
truthfully, honestly and impartially appraise or value the property
according to the best of his knowledge and ability. The certification
must be included in the appraisal or valuation and filed with the court.
2. The appraisal or valuation must list each asset that has a
value of more than $100 separately with a statement of the value of the
asset opposite the asset.
3. An appraiser, certified public accountant or expert in
valuation who performs an appraisal or valuation of a guardianship estate
is entitled to reasonable compensation for the appraisal or valuation and
may be paid by the guardian out of the estate at any time after the
appraisal or valuation is completed.
4. An appraiser, certified public accountant or expert in
valuation who directly or indirectly purchases any asset of an estate
without full disclosure to and approval by the court is guilty of a
misdemeanor. A sale made in violation of the provisions of this
subsection is void, and the asset sold may be recovered by the guardian,
ward or proposed ward.
(Added to NRS by 2003, 1758 )
Not later than 60
days after the date of the appointment of a guardian of the estate, the
guardian shall cause to be recorded, in the official records of each
county in which real property of the ward is located other than the
county in which the guardian is appointed, a copy, certified by the clerk
of the court, of the letters of guardianship.
(Added to NRS by 1969, 419; A 2003, 1788 )
1. A guardian of the estate shall take possession of:
(a) All of the property of substantial value of the ward;
(b) Rents, income, issues and profits from the property, whether
accruing before or after the appointment of the guardian; and
(c) The proceeds from the sale, mortgage, lease or other
disposition of the property.
2. The guardian may permit the ward to have possession and control
of the personal property and funds as are appropriate to the needs and
capacities of the ward.
3. The title to all property of the ward is in the ward and not in
the guardian.
4. A guardian shall secure originals, when available, or copies of
any:
(a) Contract executed by the ward;
(b) Power of attorney executed by the ward;
(c) Estate planning document prepared by the ward, including,
without limitation, a last will and testament, durable power of attorney
and revocable trust of the ward;
(d) Revocable or irrevocable trust in which the ward has a vested
interest as a beneficiary; and
(e) Writing evidencing a present or future vested interest in any
real or intangible property.
(Added to NRS by 1969, 419; A 2003, 1788 )
1. The guardian may retain assets for the anticipated expense of
the ward’s funeral and the disposal of his remains. Of the amount so
retained, $1,500 is exempt from all claims, including those of this state.
2. The guardian may place assets so retained in a pooled account
or trust. If the assets are invested in a savings account or other
financial account, they are not subject to disposition as unclaimed
property during the lifetime of the ward.
3. Assets so retained may be disbursed for the ward’s funeral or
the disposal of his remains without prior authorization of the court. An
amount not so disbursed becomes part of the ward’s estate.
(Added to NRS by 1999, 1396 )
Upon the filing of a
petition in the guardianship proceeding by the guardian, the ward or any
other interested person, alleging that any person is indebted to the
ward, has or is suspected of having concealed, embezzled, converted or
disposed of any property of the ward or has possession or knowledge of
any such property or of any writing relating to such property, the court
may require the person to appear and answer under oath concerning the
matter.
(Added to NRS by 1969, 419; A 2003, 1788 )
1. A guardian of the estate:
(a) Shall demand all debts and other choses in action due to the
ward; and
(b) With prior approval of the court, may sue for and receive all
debts and other choses in action due to the ward.
2. A guardian of the estate, with prior approval of the court by
order, may compound or compromise any debt or other chose in action due
to the ward and give a release and discharge to the debtor or other
obligor.
(Added to NRS by 1969, 419; A 2003, 1789 )
1. A guardian of the estate shall appear for and represent the
ward in all actions, suits or proceedings to which the ward is a party,
unless a guardian ad litem is appointed in the action, suit or
proceeding. If a guardian ad litem is appointed in the action, suit or
proceeding, the guardian of the estate shall notify the court that the
guardian ad litem has been appointed in the action, suit or proceeding.
2. Upon final resolution of the action, suit or proceeding, the
guardian of the estate shall notify the court of the outcome of the
action, suit or proceeding.
3. If the person of the ward would be affected by the outcome of
any action, suit or proceeding, the guardian of the person, if any,
should be joined to represent the ward in the action, suit or proceeding.
(Added to NRS by 1969, 419; A 2003, 1789 )
Any
contract, except to the extent of the reasonable value of necessaries,
and any transaction with respect to the property of a ward made by the
ward are voidable by the guardian of the estate if such contract or
transaction was made at any time by the ward while an incompetent or a
minor.
(Added to NRS by 1969, 419)
A guardian of the estate shall not be personally liable on any written
or oral contract entered into for or on behalf of the ward where the
guardian is acting within his authority as such guardian. Any action,
suit or proceeding on any such contract shall be brought against the
guardian in his fiduciary capacity only, and any judgment or decree
obtained in such action, suit or proceeding shall be satisfied only from
property of the ward.
(Added to NRS by 1969, 420)
1. A guardian of the estate may exercise the ward’s rights which
accrue pursuant to the ward’s ownership of common or preferred stock,
including, but not limited to, the right to:
(a) Vote for officers or directors;
(b) Approve or disapprove mergers or consolidations;
(c) Exercise stock options;
(d) Appoint proxies;
(e) Consent to dissolutions; and
(f) Exercise all rights which the ward might exercise, if legally
qualified, regarding the management of the corporation.
Ê If the stock owned by the ward in a corporation exceeds 20 percent of
the total issued and outstanding stock having voting rights, the guardian
must have prior approval of the court to consent to any merger,
consolidation or dissolution of the corporation or the sale or
encumbrance of its assets where the consent of the stockholders is
required by law.
2. Whenever the estate of a ward includes corporate stock, the
guardian may hold it in the name of a nominee without mention of the
guardianship in the stock certificate, if any, or the stock registration
books, if:
(a) The guardian’s records and all reports or accounts rendered by
the guardian clearly show the ownership of the stock by the ward’s estate
and the facts regarding its holding; and
(b) The nominee deposits with the guardian a signed statement
showing ownership of the stock by the ward’s estate, endorses any stock
certificate in blank and does not have possession of the stock
certificate or access to the certificate except under the immediate
supervision of the guardian.
3. The guardian is personally liable for any loss to the ward’s
estate resulting from any act of the nominee in connection with stock
held pursuant to subsection 2.
(Added to NRS by 1969, 420; A 1987, 586)
A guardian of the
estate shall pay from the guardianship estate pursuant to NRS 159.105
to 159.109 , inclusive, all just claims against the ward,
the estate or the guardian as such, whether accruing before or after the
appointment of the guardian and whether arising in contract, in tort or
otherwise.
(Added to NRS by 1969, 420)
1. Other than claims for attorney’s fees that are subject to the
provisions of subsection 3, a guardian of the estate may pay from the
guardianship estate the following claims without complying with the
provisions of this section and NRS 159.107 and 159.109 :
(a) The guardian’s claims against the ward or the estate; and
(b) Any claims accruing after the appointment of the guardian which
arise from contracts entered into by the guardian on behalf of the ward.
2. The guardian shall report all claims and the payment of claims
made pursuant to subsection 1 in the account that the guardian makes and
files in the guardianship proceeding following each payment.
3. Claims for attorney’s fees which are associated with the
commencement and administration of the guardianship of the estate:
(a) May be made at the time of the appointment of the guardian of
the estate or any time thereafter; and
(b) May not be paid from the guardianship estate unless the payment
is made in compliance with the provisions of this section and NRS 159.107
and 159.109 .
(Added to NRS by 1969, 420; A 2003, 1789 )
Except as
provided in NRS 159.105 , all claims
against the ward, the guardianship estate or the guardian of the estate
as such shall be presented to the guardian of the estate. Each such claim
shall be in writing, shall describe the nature and the amount of the
claim, if ascertainable, and shall be accompanied by the affidavit of the
claimant, or someone on his behalf, who has personal knowledge of the
fact. The affidavit shall state that within the knowledge of the affiant
the amount claimed is justly due, no payments have been made thereon
which are not credited and there is no counterclaim thereto, except as
stated in the affidavit. If such claim is founded on a written
instrument, the original or a copy thereof with all endorsements shall be
attached to the claim. The original instrument shall be exhibited to the
guardian or the court, upon demand, unless it is lost or destroyed, in
which case the fact of its loss or destruction shall be stated in the
claim.
(Added to NRS by 1969, 421)
1. A guardian of the estate shall examine each claim presented to
him for payment. If the guardian is satisfied that the claim is
appropriate and just, the guardian shall:
(a) Endorse upon the claim the words “examined and allowed” and the
date;
(b) Officially subscribe the notation; and
(c) Pay the claim from the guardianship estate.
2. If the guardian is not satisfied that the claim is just, the
guardian shall:
(a) Endorse upon the claim the words “examined and rejected” and
the date;
(b) Officially subscribe the notation; and
(c) Not later than 60 days after the date the claim was presented
to the guardian, notify the claimant by personal service or by mailing a
notice by registered or certified mail that the claim was rejected.
(Added to NRS by 1969, 421; A 2003, 1790 )
1. If, not later than 60 days after the date the claim was
presented to the guardian, a rejected claim is returned to the claimant
or the guardian of the estate fails to approve or reject and return a
claim, the claimant, before the claim is barred by the statute of
limitations, may:
(a) File a petition for approval of the rejected claim in the
guardianship proceeding for summary determination by the court; or
(b) Commence an action or suit on the claim against the guardian in
the guardian’s fiduciary capacity and any judgment or decree obtained
must be satisfied only from property of the ward.
2. If a claimant files a request for approval of a rejected claim
or a like claim in the guardianship proceeding for summary determination,
the claimant shall serve notice that he has filed such a request on the
guardian.
3. Not later than 20 days after the date of service, the guardian
may serve notice of objection to summary determination on the claimant.
If the guardian serves the claimant with notice and files a copy of the
notice with the court, the court shall not enter a summary determination
and the claimant may commence an action or suit on the claim against the
guardian in the guardian’s fiduciary capacity as provided in subsection 1.
4. If the guardian fails to serve the claimant with notice of
objection to summary determination or file a copy of the notice with the
court, the court shall:
(a) Hear the matter and determine the claim or like claim in a
summary manner; and
(b) Enter an order allowing or rejecting the claim, either in whole
or in part. No appeal may be taken from the order.
(Added to NRS by 1969, 421; A 2003, 1790 )
MANAGEMENT OF ESTATE
1. Before taking any of the following actions, the guardian shall
petition the court for an order authorizing the guardian to:
(a) Invest the property of the ward.
(b) Continue the business of the ward.
(c) Borrow money for the ward.
(d) Except as otherwise provided in NRS 159.079 , enter into contracts for the ward or complete
the performance of contracts of the ward.
(e) Make gifts from the ward’s estate or make expenditures for the
ward’s relatives.
(f) Sell, lease, place into any type of trust or surrender any
property of the ward.
(g) Exchange or partition the ward’s property.
(h) Obtain advice, instructions and approval of any other proposed
act of the guardian relating to the ward’s property.
(i) Release the power of the ward as trustee, personal
representative, custodian for a minor or guardian.
(j) Exercise or release the power of the ward as a donee of a power
of appointment.
(k) Change the state of residence or domicile of the ward.
(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.
2. The petition must be signed by the guardian and contain:
(a) The name, age, residence and address of the ward.
(b) A concise statement as to the condition of the ward’s estate.
(c) A concise statement as to the advantage to the ward of or the
necessity for the proposed action.
(d) The terms and conditions of any proposed sale, lease,
partition, trust, exchange or investment, and a specific description of
any property involved.
3. Any of the matters set forth in subsection 1 may be
consolidated in one petition, and the court may enter one order
authorizing or directing the guardian to do one or more of those acts.
4. A petition filed pursuant to paragraphs (b) and (d) of
subsection 1 may be consolidated in and filed with the petition for the
appointment of the guardian, and if the guardian is appointed the court
may enter additional orders authorizing the guardian to continue the
business of the ward, enter contracts for the ward, or to complete
contracts of the ward.
(Added to NRS by 1969, 421; A 1979, 589; 2003, 1791 )
1. Upon the filing of any petition under NRS 159.078 or 159.113 ,
or any account, notice must be given:
(a) At least 10 days before the date set for the hearing, by
mailing a copy of the notice by regular mail to the residence, office or
post office address of each person required to be notified pursuant to
subsection 3;
(b) At least 10 days before the date set for the hearing, by
personal service;
(c) If the address or identity of the person is not known and
cannot be ascertained with reasonable diligence, by publishing a copy of
the notice in a newspaper of general circulation in the county where the
hearing is to be held, the last publication of which must be published at
least 10 days before the date set for the hearing; or
(d) In any other manner ordered by the court, for good cause shown.
2. The notice must:
(a) Give the name of the ward.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, and notify all
persons interested to appear at the time and place mentioned in the
notice and show cause why the court order should not be made.
3. At least 10 days before the date set for the hearing, the
petitioner shall cause a copy of the notice to be mailed to the following:
(a) Any minor ward who is 14 years of age or older or the parent or
legal guardian of any minor ward who is less than 14 years of age.
(b) The spouse of the ward and other heirs of the ward who are
related within the second degree of consanguinity so far as known to the
petitioner.
(c) The guardian of the person of the ward, if the guardian is not
the petitioner.
(d) Any person or care provider having the care, custody or control
of the ward.
(e) Any office of the Department of Veterans Affairs in this State
if the ward is receiving any payments or benefits through the Department
of Veterans Affairs.
(f) Any other interested person or his attorney who has filed a
request for notice in the guardianship proceeding and served a copy of
the request upon the guardian. The request for notice must state the
interest of the person filing the request, and his name and address, or
that of his attorney. If the notice so requests, copies of all petitions
and accounts must be mailed to the interested person or his attorney.
4. An interested person who is entitled to notice pursuant to
subsection 3 may, in writing, waive notice of the hearing of a petition.
5. Proof of giving notice must be:
(a) Made on or before the date set for the hearing; and
(b) Filed in the guardianship proceeding.
(Added to NRS by 1969, 422; A 1979, 789; 1995, 1077; 2003, 1791
)
1. Upon approval of the court by order, a guardian of the estate
may:
(a) Invest the property of the ward, make loans and accept security
therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the ward to purchase or exchange securities
or other property.
2. A guardian of the estate may, without securing the prior
approval of the court, invest the property of the ward in the following:
(a) Savings accounts in any bank, credit union or savings and loan
association in this State, to the extent that the deposits are insured by
the Federal Deposit Insurance Corporation, the National Credit Union
Share Insurance Fund or a private insurer approved pursuant to NRS
678.755 .
(b) Interest-bearing obligations of or fully guaranteed by the
United States.
(c) Interest-bearing obligations of the United States Postal
Service.
(d) Interest-bearing obligations of the Federal National Mortgage
Association.
(e) Interest-bearing general obligations of this State.
(f) Interest-bearing general obligations of any county, city or
school district of this State.
(g) Money market mutual funds which are invested only in those
instruments listed in paragraphs (a) to (f), inclusive.
3. A guardian of the estate for two or more wards may invest the
property of two or more of the wards in property in which each ward whose
property is so invested has an undivided interest. The guardian shall
keep a separate record showing the interest of each ward in the
investment and in the income, profits or proceeds therefrom.
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.
(Added to NRS by 1969, 423; A 1971, 268; 1979, 590; 1993, 2771;
1995, 892; 1999, 1458 ; 2003, 1792 )
A guardian of the
estate, with prior approval of the court by order, may continue any
business of the ward. The order may provide for any one or more of the
following:
1. The conduct or reorganization of the business solely by the
guardian, jointly by the guardian with one or more of the ward’s
partners, shareholders, members, or joint venturers or as a corporation
or limited-liability company of which the ward is or becomes a
shareholder or member.
2. The extent to which the guardian may incur liability of the
estate of the ward for obligations arising from the continuation of the
business.
3. Whether liabilities incurred in the conduct of the business are
to be chargeable solely to the part of the estate of the ward allocated
for use in the business or to the estate as a whole.
4. The period of time during which the business may be conducted.
5. Any other conditions, restrictions, regulations and
requirements as the court considers proper.
(Added to NRS by 1969, 423; A 2003, 1793 )
1. A guardian of the estate, with prior approval of the court by
order, may borrow money for the account of the ward when necessary:
(a) To continue any business of the ward.
(b) To pay claims against the ward, the guardianship estate or the
guardian of the estate as such.
(c) To provide for the proper care, maintenance, education and
support of the ward and any person to whom the ward owes a legal duty of
support.
(d) For any other purpose that is in the best interests of the ward.
2. If the court determines that the borrowing is necessary or
proper, the court shall make an order approving the borrowing and may
authorize one or more separate loans. The order shall prescribe the
maximum amount of each loan, the maximum rate of interest and the date of
final maturity of each loan, and may authorize the guardian to secure any
loan by mortgage, deed of trust, pledge or other security transaction
authorized by the laws of this state. The order shall describe the
property, if any, to be given as security for each loan.
(Added to NRS by 1969, 423)
If a ward for whom a guardian of
the estate is appointed was, at the time of the appointment, a party to a
contract which has not been fully performed, and which was made by the
ward while not under any legal disability, the guardian of the estate,
with prior approval of the court by order, may complete the performance
of such contract. If such contract requires the conveyance of any real or
personal property, or any interest in such property, the court may
authorize the guardian to convey the interest and estate of the ward in
the property, and the effect of such conveyance shall be the same as
though made by the ward while not under legal disability.
(Added to NRS by 1969, 424)
1. A guardian of the estate, with prior approval of the court by
order, may, from the estate of the ward which is not necessary for the
proper care, maintenance, education and support of the ward and of
persons to whom the ward owes a legal duty of support:
(a) Make reasonable gifts directly, or into a trust, on behalf of
the ward.
(b) Provide for or contribute to the care, maintenance, education
or support of persons who are or have been related to the ward by blood,
adoption or marriage.
(c) Pay or contribute to the payment of reasonable expenses of
remedial care and treatment for and the funeral and burial of persons who
are or have been related to the ward by blood, adoption or marriage.
2. Any petition filed by a guardian pursuant to this section must
state whether:
(a) The purpose of the guardian in seeking approval to make the
gift, payment or contribution is to dispose of assets to make the ward
eligible for Medicaid; and
(b) Making the gift, payment or contribution will cause the ward to
become eligible for Medicaid.
(Added to NRS by 1969, 424; A 1979, 591; 2003, 1793 )
TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY
General Provisions
A guardian of the estate, with prior approval
of the court by order, may sell, lease or place in trust any of the
property of the ward:
1. For the purpose of paying claims against the ward, the
guardianship estate or the guardian of the estate.
2. For the purpose of providing for the proper care, maintenance,
education and support of the ward and any person to whom the ward owes a
legal duty of support.
3. For the purpose of investing the proceeds.
4. To obtain income through rentals or royalties.
5. For any other purpose that is in the best interests of the ward.
(Added to NRS by 1969, 424; A 1979, 591)
1. Any interest of a ward in real or personal property, including
interests in contracts and choses in action, may be sold pursuant to this
chapter.
2. The interest of a ward in a partnership or limited-liability
company may be sold as personal property, and another partner or member
may be the purchaser.
(Added to NRS by 1979, 788; A 2003, 1794 )
Sale of Real Property
1. All sales of real property of a ward must be:
(a) Reported to the court; and
(b) Confirmed by the court before the title to the real property
passes to the purchaser.
2. The report and a petition for confirmation of the sale must be
filed with the court not later than 30 days after the date of each sale.
3. The court shall set the date of the hearing and give notice of
the hearing in the manner required pursuant to NRS 159.115 or as the court may order.
4. An interested person may file written objections to the
confirmation of the sale. If such objections are filed, the court shall
conduct a hearing regarding those objections during which the interested
person may offer witnesses in support of the objections.
5. Before the court confirms a sale, the court must find that
notice of the sale was given in the manner required pursuant to NRS
159.1425 , 159.1435 and 159.144 .
(Added to NRS by 1979, 788; A 2003, 1794 )
If the guardian neglects or refuses to sell any real property of
the estate when it is necessary or in the best interests of the ward, an
interested person may petition the court for an order requiring the
guardian to sell the property. The court shall set the petition for a
hearing, and the petitioner shall serve notice on the guardian at least
10 days before the hearing.
(Added to NRS by 2003, 1759 )
If real property of the
estate of a ward is sold that is subject to a mortgage or other lien
which is a valid claim against the estate, the money from the sale must
be applied in the following order:
1. To pay the necessary expenses of the sale.
2. To satisfy the mortgage or other lien, including, without
limitation, payment of interest and any other lawful costs and charges.
If the mortgagee or other lienholder cannot be found, the money from the
sale may be paid as ordered by the court and the mortgage or other lien
shall be deemed to be satisfied.
3. To the estate of the ward, unless the court orders otherwise.
(Added to NRS by 2003, 1760 )
At a sale of real property that is subject to
a mortgage or lien, the holder of the mortgage or lien may become the
purchaser. The receipt for the amount owed to the holder from the
proceeds of the sale is a payment pro tanto.
(Added to NRS by 2003, 1760 )
1. In the manner required by this chapter for the sale of like
property, a guardian may sell:
(a) The equity of the estate in any real property that is subject
to a mortgage or lien; and
(b) The property that is subject to the mortgage or lien.
2. If a claim has been filed upon the debt secured by the mortgage
or lien, the court shall not confirm the sale unless the holder of the
claim files a signed and acknowledged document which releases the estate
from all liability upon the claim.
(Added to NRS by 2003, 1760 )
1. A guardian may enter into a written contract with any bona fide
agent, broker or multiple agents or brokers to secure a purchaser for any
real property of the estate. Such a contract may grant an exclusive right
to sell the property to the agent, broker or multiple agents or brokers.
2. The guardian shall provide for the payment of a commission upon
the sale of the real property which:
(a) Must be paid from the proceeds of the sale;
(b) Must be fixed in an amount not to exceed:
(1) Ten percent for unimproved real property; or
(2) Seven percent for improved real property; and
(c) Must be authorized by the court by confirmation of the sale.
3. Upon confirmation of the sale by the court, the contract for
the sale becomes binding and enforceable against the estate.
4. A guardian may not be held personally liable and the estate is
not liable for the payment of any commission set forth in a contract
entered into with an agent or broker pursuant to this section until the
sale is confirmed by the court, and then is liable only for the amount
set forth in the contract.
(Added to NRS by 2003, 1760 )
1. When an offer to purchase real property of a guardianship
estate is presented to the court for confirmation:
(a) Other persons may submit higher bids to the court; and
(b) The court may confirm the highest bid.
2. Upon confirmation of a sale of real property by the court, the
commission for the sale must be divided between the listing agent or
broker and the agent or broker who secured the purchaser to whom the sale
was confirmed, if any, in accordance with the contract with the listing
agent or broker.
(Added to NRS by 2003, 1760 )
1. If a ward owns real property jointly with one or more other
persons, the interest owned by the ward may be sold to one or more joint
owners of the property only if:
(a) The guardian files a petition with the court to confirm the
sale pursuant to NRS 159.134 ; and
(b) The court confirms the sale.
2. The court shall confirm the sale only if:
(a) The net amount of the proceeds from the sale to the estate of
the ward is not less than 90 percent of the fair market value of the
portion of the property to be sold; and
(b) Upon confirmation, the estate of the ward will be released from
all liability for any mortgage or lien on the property.
(Added to NRS by 2003, 1761 )
1. Except as otherwise provided in this section and except for a
sale pursuant to NRS 159.142 , a
guardian may sell the real property of a ward only after notice of the
sale is published in:
(a) A newspaper that is published in the county in which the
property, or some portion of the property, is located; or
(b) If a newspaper is not published in that county:
(1) In a newspaper of general circulation in the county; or
(2) In such other newspaper as the court orders.
2. Except as otherwise provided in this section and except for a
sale of real property pursuant to NRS 159.142 :
(a) The notice of a public auction for the sale of real property
must be published not less than three times before the date of the sale,
over a period of 14 days and 7 days apart.
(b) The notice of a private sale must be published not less than
three times before the date on which offers will be accepted, over a
period of 14 days and 7 days apart.
3. For good cause shown, the court may order fewer publications
and shorten the time of notice, but must not shorten the time of notice
to less than 8 days.
4. The court may waive the requirement of publication pursuant to
this section if:
(a) The guardian is the sole devisee or heir of the estate; or
(b) All devisees or heirs of the estate consent to the waiver in
writing.
5. Publication for the sale of real property is not required
pursuant to this section if the property to be sold is reasonably
believed to have a value of $5,000 or less. In lieu of publication, the
guardian shall post notice of the sale in three of the most public places
in the county in which the property, or some portion of the property, is
located for at least 14 days before:
(a) The date of the sale at public auction; or
(b) The date on which offers will be accepted for a private sale.
6. Any notice published or posted pursuant to this section must
include, without limitation:
(a) For a public auction:
(1) A description of the real property which reasonably
identifies the property to be sold; and
(2) The date, time and location of the auction.
(b) For a private sale:
(1) A description of the real property which reasonably
identifies the property to be sold; and
(2) The date, time and location that offers will be accepted.
(Added to NRS by 2003, 1761 )
1. Except for a sale pursuant to NRS 159.142 , a public auction for the sale of real
property must be held:
(a) In the county in which the property is located or, if the real
property is located in two or more counties, in either county;
(b) Between the hours of 9 a.m. and 5 p.m.; and
(c) On the date specified in the notice, unless the sale is
postponed.
2. If, on or before the date and time set for the public auction,
the guardian determines that the auction should be postponed:
(a) The auction may be postponed for not more than 3 months after
the date first set for the auction; and
(b) Notice of the postponement must be given by a public
declaration at the place first set for the sale on the date and time that
was set for the sale.
(Added to NRS by 2003, 1762 )
1. Except for the sale of real property pursuant to NRS 159.142
, a sale of real property of a
guardianship estate at a private sale:
(a) Must not occur before the date stated in the notice.
(b) Except as otherwise provided in this paragraph, must not occur
sooner than 14 days after the date of the first publication or posting of
the notice. For good cause shown, the court may shorten the time in which
the sale may occur to not sooner than 8 days after the date of the first
publication or posting of the notice. If the court so orders, the notice
of the sale and the sale may be made to correspond with the court order.
(c) Must occur not later than 1 year after the date stated in the
notice.
2. The offers made in a private sale:
(a) Must be in writing; and
(b) May be delivered to the place designated in the notice or to
the guardian at any time:
(1) After the date of the first publication or posting of
the notice; and
(2) Before the date on which the sale is to occur.
(Added to NRS by 2003, 1762 )
1. Except as otherwise provided in subsection 2, the court shall
not confirm a sale of real property of a guardianship estate at a private
sale unless:
(a) The court is satisfied that the amount offered represents the
fair market value of the property to be sold; and
(b) The real property has been appraised within 1 year before the
date of the sale. If the real property has not been appraised within this
period, a new appraisal must be conducted pursuant to NRS 159.086 and 159.0865 at any time before the sale or confirmation
by the court of the sale.
2. The court may waive the requirement of an appraisal and allow
the guardian to rely on the assessed value of the real property for
purposes of taxation in obtaining confirmation by the court of the sale.
(Added to NRS by 2003, 1762 )
1. At the hearing to confirm the sale of real property, the court
shall:
(a) Consider whether the sale is necessary or in the best interest
of the estate of the ward; and
(b) Examine the return on the investment and the evidence submitted
in relation to the sale.
2. The court shall confirm the sale and order conveyances to be
executed if it appears to the court that:
(a) Good reason existed for the sale;
(b) The sale was conducted in a legal and fair manner;
(c) The amount of the offer or bid is not disproportionate to the
value of the property; and
(d) It is unlikely that an offer or bid would be made which exceeds
the original offer or bid:
(1) By at least 5 percent if the offer or bid is less than
$100,000; or
(2) By at least $5,000 if the offer or bid is $100,000 or
more.
3. The court shall not confirm the sale if the conditions in this
section are not satisfied.
4. If the court does not confirm the sale, the court:
(a) May order a new sale;
(b) May conduct a public auction in open court; or
(c) May accept a written offer or bid from a responsible person and
confirm the sale to the person if the written offer complies with the
laws of this state and exceeds the original bid:
(1) By at least 5 percent if the bid is less than $100,000;
or
(2) By at least $5,000 if the bid is $100,000 or more.
5. If the court does not confirm the sale and orders a new sale:
(a) Notice must be given in the manner set forth in NRS 159.1425
; and
(b) The sale must be conducted in all other respects as though no
previous sale has taken place.
6. If a higher offer or bid is received by the court during the
hearing to confirm the sale, the court may continue the hearing rather
than accept the offer or bid as set forth in paragraph (c) of subsection
4 if the court determines that the person who made the original offer or
bid was not notified of the hearing and that the person who made the
original offer or bid may wish to increase his bid. This subsection does
not grant a right to a person to have a continuance granted and may not
be used as a ground to set aside an order confirming a sale.
(Added to NRS by 2003, 1762 )
1. If the court confirms a sale of real property of a guardianship
estate, the guardian shall execute a conveyance of the property to the
purchaser.
2. The conveyance must include a reference to the court order
confirming the sale, and a certified copy of the court order must be
recorded in the office of the recorder of the county in which the
property, or any portion of the property, is located.
3. A conveyance conveys all the right, title and interest of the
ward in the property on the date of the sale, and if, before the date of
the sale, by operation of law or otherwise, the ward has acquired any
right, title or interest in the property other than or in addition to
that of the ward at the time of the sale, that right, title or interest
also passes by the conveyance.
(Added to NRS by 2003, 1763 )
1. If a sale of real property is made upon credit, the guardian
shall take:
(a) The note or notes of the purchaser for the unpaid portion of
the sale; and
(b) A mortgage on the property to secure the payment of the notes.
2. The mortgage may contain a provision for release of any part of
the property if the court approves the provision.
(Added to NRS by 2003, 1763 )
1. After confirmation of the sale of real property, if the
purchaser neglects or refuses to comply with the terms of the sale, the
court may set aside the order of confirmation and order the property to
be resold:
(a) On motion of the guardian; and
(b) After notice is given to the purchaser.
2. If the amount realized on the resale of the property is
insufficient to cover the bid and the expenses of the previous sale, the
original purchaser is liable to the estate of the ward for the deficiency.
(Added to NRS by 2003, 1763 )
A guardian who fraudulently sells any real property of a ward in a
manner inconsistent with the provisions of this chapter is liable for
double the value of the property sold, as liquidated damages, to be
recovered in an action by or on behalf of the ward.
(Added to NRS by 2003, 1764 )
The periods of limitation prescribed in NRS
11.260 apply to all actions:
1. For the recovery of real property sold by a guardian in
accordance with the provisions of this chapter; and
2. To set aside a sale of real property.
(Added to NRS by 2003, 1764 )
Sale of Personal Property
1. A guardian may sell perishable property and other personal
property of the ward without notice, and title to the property passes
without confirmation by the court if the property:
(a) Will depreciate in value if not disposed of promptly; or
(b) Will incur loss or expense by being kept.
2. The guardian is responsible for the actual value of the
personal property unless the guardian obtains confirmation by the court
of the sale.
(Added to NRS by 2003, 1764 )
A guardian may
sell any security of the ward if:
1. The guardian petitions the court for confirmation of the sale;
2. The clerk sets the date of the hearing;
3. The guardian gives notice in the manner required pursuant to
NRS 159.034 unless, for good cause
shown, the court shortens the period within which notice must be given or
dispenses with notice; and
4. The court confirms the sale.
(Added to NRS by 2003, 1764 )
1. Except as otherwise provided in NRS 159.1515 and 159.152 , a guardian may sell the personal property of
the ward only after notice of the sale is published in:
(a) A newspaper that is published in the county in which the
property, or some portion of the property, is located; or
(b) If a newspaper is not published in that county:
(1) In a newspaper of general circulation in the county; or
(2) In such other newspaper as the court orders.
2. Except as otherwise provided in this section:
(a) The notice of a public sale must be published not less than
three times before the date of the sale, over a period of 14 days and 7
days apart.
(b) The notice of a private sale must be published not less than
three times before the date on which offers will be accepted, over a
period of 14 days and 7 days apart.
3. For good cause shown, the court may order fewer publications
and shorten the time of notice, but must not shorten the time of notice
to less than 8 days.
4. The notice must include, without limitation:
(a) For a public sale:
(1) A description of the personal property to be sold; and
(2) The date, time and location of the sale.
(b) For a private sale:
(1) A description of the personal property to be sold; and
(2) The date, time and location that offers will be accepted.
(Added to NRS by 2003, 1764 )
1. The guardian may sell the personal property of a ward by public
sale at:
(a) The residence of the ward;
(b) The courthouse door; or
(c) Any other location designated by the guardian.
2. The guardian may sell the personal property by public sale only
if the property is made available for inspection at the time of the sale,
unless the court orders otherwise.
3. Personal property may be sold at a public or private sale for
cash or upon credit.
(Added to NRS by 2003, 1765 )
The
following interests of the estate of the ward may be sold in the same
manner as other personal property:
1. An interest in a partnership;
2. An interest in personal property that has been pledged to the
ward; and
3. Choses in action.
(Added to NRS by 2003, 1765 )
Lease of Property
A guardian of the estate
may lease any real property of the ward or any interest in real property:
1. Without securing prior court approval, where the tenancy is
from month to month or for a term not to exceed 1 year and the reasonable
fixed rental for the property or the ward’s proportionate interest in
such rental does not exceed $250 per month.
2. With prior approval of the court by order, for such period of
time as may be authorized by the court, not exceeding any time limitation
prescribed by law, and upon such terms and conditions as the court may
approve. Such lease may extend beyond the period of minority of a minor
ward.
(Added to NRS by 1969, 428)
The court may
authorize the guardian to enter into a written contract with one or more
licensed real estate brokers to secure a lessee of the ward’s property,
which contract may provide for the payment of a commission, not exceeding
5 percent of the fixed rental for the first 2 years, to be paid out of
the proceeds of any such lease.
(Added to NRS by 1969, 428)
1. Petitions to secure court approval of any lease:
(a) Must include the parcel number assigned to the property to be
leased and the physical address of the property, if any; and
(b) Must set forth the proposed fixed rental, the duration of the
lease and a brief description of the duties of the proposed lessor and
lessee.
2. Upon the hearing of a petition pursuant to subsection 1, if the
court is satisfied that the lease is for the best interests of the ward
and the estate of the ward, the court shall enter an order authorizing
the guardian to enter into the lease.
(Added to NRS by 1969, 428; A 2003, 1794 )
A guardian of the estate, with prior approval of the court by order, may
enter into agreements providing for the rental or bailment of the ward’s
personal property. All proceedings to obtain such a court order shall be
the same as required for the lease of real property.
(Added to NRS by 1969, 428)
1. If the property to be leased consists of mining claims, an
interest in the mining claims, property worked as a mine or lands
containing oil, gas, steam, gravel or any minerals, the court may
authorize the guardian to enter into a lease which provides for payment
by the lessee of a royalty, in money or in kind, in lieu of a fixed
rental. The court may also authorize the guardian to enter into a lease
which provides for a pooling agreement or authorizes the lessee to enter
into pooling or other cooperative agreements with lessees, operators or
owners of other lands and minerals for the purpose of bringing about the
cooperative development and operation of any mine, oil field or other
unit of which the ward’s property is a part.
2. If the proposed lease contains an option to purchase, and the
property to be sold under the option consists of mining claims, property
worked as a mine, or interests in oil, gas, steam, gravel or any mineral,
which has a speculative or undefined market value, the court may
authorize the guardian to enter into such a lease and sales agreement or
give an option to purchase without requiring the property to be sold at
public auction or by private sale in the manner required by this chapter
for sales of other real property.
3. If the petition filed pursuant to this section requests
authority to enter into a lease with an option to purchase, in addition
to the notice required by NRS 159.034 ,
the guardian shall publish a copy of the notice at least twice, the first
publication to be at least 10 days prior to the date set for the hearing
and the second publication to be not earlier than 7 days after the date
of the first publication. The notice must be published in:
(a) A newspaper that is published in the county where the property
is located; or
(b) If no newspaper is published in the county where the property
is located, a newspaper of general circulation in that county which is
designated by the court.
(Added to NRS by 1969, 429; A 2003, 1794 )
Agreement to Sell or Give Option to Purchase Mining Claim
1. To enter into an agreement to sell or to give an option to
purchase a mining claim or real property worked as a mine which belongs
to the estate of the ward, the guardian or an interested person shall
file a petition with the court that:
(a) Describes the property or claim;
(b) States the terms and general conditions of the agreement;
(c) Shows any advantage that may accrue to the estate of the ward
from entering into the agreement; and
(d) Requests confirmation by the court of the agreement.
2. The court shall set the date of the hearing on the petition.
3. The petitioner shall give notice in the manner provided in NRS
159.034 .
(Added to NRS by 2003, 1765 )
1. At the time appointed and if the court finds that due notice of
the hearing concerning an agreement has been given, the court shall hear
a petition filed pursuant to NRS 159.1653 and any objection to the petition that is
filed or presented.
2. After the hearing, if the court is satisfied that the agreement
will be to the advantage of the estate of the ward, the court:
(a) Shall order the guardian to enter into the agreement; and
(b) May prescribe in the order the terms and conditions of the
agreement.
3. A certified copy of the court order must be recorded in the
office of the county recorder of each county in which the property
affected by the agreement, or any portion of the property, is located.
(Added to NRS by 2003, 1765 )
1. If the court orders the guardian to enter into the agreement
pursuant to NRS 159.1657 , the court
shall order the guardian to provide an additional bond and specify the
amount of the bond in the court order.
2. The guardian is not entitled to receive any of the proceeds
from the agreement until the guardian provides the bond and the court
approves the bond.
3. When the court order is entered, the guardian shall execute,
acknowledge and deliver an agreement which:
(a) Contains the conditions specified in the court order;
(b) States that the agreement or option is approved by court order;
and
(c) Provides the date of the court order.
(Added to NRS by 2003, 1765 )
1. If the purchaser or option holder neglects or refuses to comply
with the terms of the agreement approved by the court pursuant to NRS
159.1657 , the guardian may petition
the court to cancel the agreement. The court shall cancel the agreement
after notice is given to the purchaser or option holder.
2. The cancellation of an agreement pursuant to this section does
not affect any liability created by the agreement.
(Added to NRS by 2003, 1766 )
1. If the purchaser or option holder complies with the terms of an
agreement approved by the court pursuant to NRS 159.1657 and has made all payments according to the
terms of the agreement, the guardian shall:
(a) Make a return to the court of the proceedings; and
(b) Petition the court for confirmation of the proceedings.
2. Notice must be given to the purchaser or option holder
regarding the petition for confirmation.
3. The court:
(a) Shall hold a hearing regarding the petition for confirmation;
and
(b) May order or deny confirmation of the proceedings and execution
of the conveyances in the same manner and with the same effect as when
the court orders or denies a confirmation of a sale of real property.
(Added to NRS by 2003, 1766 )
Miscellaneous Provisions
1. A guardian of the estate, with prior approval of the court, may
accept an offer for the purchase of the interest or estate of the ward,
in real or personal property or both real and personal property, where it
appears from the petition and the court determines that:
(a) The interest or estate of the ward in such property is an
interest in a partnership, joint venture or closely held corporation, in
which the offeror or offerors own the remaining interests in the
partnership, joint venture or closely held corporation, or are offering
to purchase such remaining interests.
(b) The interest or estate of the ward in such property is an
undivided interest in property in which the offeror or offerors own the
remaining interests in such property or are offering to purchase such
remaining interests.
(c) The interest or estate of the ward to be sold or granted is an
easement in or creates a servitude upon the ward’s property.
2. A guardian of the estate, with prior approval of the court, may
accept an offer to surrender the interest or estate of the ward in real
or personal property or both real and personal property, where it appears
from the petition and the court determines that:
(a) The interest or estate of the ward is contingent or dubious.
(b) The interest or estate of the ward in such property is a
servitude upon the property of another.
(Added to NRS by 1969, 429)
1. A guardian of the estate may petition the court for advice and
instructions in any matter concerning:
(a) The administration of the ward’s estate;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursement of funds;
(d) Elections for or on behalf of the ward to take under the will
of a deceased spouse;
(e) Exercising for or on behalf of the ward:
(1) Any options or other rights under any policy of
insurance or annuity; and
(2) The right to take under a will, trust or other devise;
(f) The propriety of exercising any right exercisable by owners of
property; and
(g) Matters of a similar nature.
2. Any act done by a guardian of the estate after securing court
approval or instructions with reference to the matters set forth in
subsection 1 is binding upon the ward or those claiming through the ward,
and the guardian is not personally liable for performing any such act.
3. If any interested person may be adversely affected by the
proposed act of the guardian, the court shall direct the issuance of a
citation to that interested person, to be served upon the person at least
20 days before the hearing on the petition. The citation must be served
in the same manner that summons is served in a civil action and must
direct the interested person to appear and show cause why the proposed
act of the guardian should not be authorized or approved. All interested
persons so served are bound by the order of the court which is final and
conclusive, subject to any right of appeal.
(Added to NRS by 1969, 430; A 1979, 591; 2003, 1795 )
1. A guardian of the estate shall record a certified copy of any
court order authorizing the sale, mortgage, lease, surrender or
conveyance of real property in the office of the county recorder of the
county in which any portion of the land is located.
2. To carry out effectively any transaction affecting the ward’s
property as authorized by this chapter, the court may authorize the
guardian to execute any promissory note, mortgage, deed of trust, deed,
lease, security agreement or other legal document or instrument which is
reasonably necessary to carry out such transaction.
(Added to NRS by 1969, 430)
If a
guardian of the estate sells or transfers any real or personal property
that is specifically devised or bequeathed by the ward or which is held
by the ward as a joint tenancy, designated as being held by the ward in
trust for another person or held by the ward as a revocable trust and the
ward was competent to make a will or create the interest at the time 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 or changed the manner in which the ward held
the interest, the devisee, beneficiary or legatee may elect to take the
proceeds of the sale or other transfer of the interest, specific devise
or bequest.
(Added to NRS by 1969, 430; A 2003, 1796 )
1. A guardian of the estate, with prior approval of the court by
order, where it appears from the petition and the court determines that
the best interests of the ward are served by such action, may:
(a) Accept an offer to exchange all or any interest of the ward in
real or personal property or both real and personal property for real or
personal property or both real and personal property of another, and pay
or receive any cash or other consideration to equalize the values on such
exchange; or
(b) Effect a voluntary partition of real or personal property or
both real and personal property in which the ward owns an undivided
interest.
2. Upon hearing the petition, the court shall inquire into the
value of the property to be exchanged or partitioned, the rental or
income therefrom, and the use for which the property is best suited.
(Added to NRS by 1969, 430)
ACCOUNTINGS
Every guardianship
established pursuant to this chapter must be reviewed by the court
annually.
(Added to NRS by 1981, 1933; A 2003, 594 )
A guardian of the estate or
special guardian who is authorized to manage the ward’s property shall
make and file a verified account in the guardianship proceeding:
1. Annually, not later than 60 days after the anniversary date of
the appointment of the guardian, unless the court orders such an account
to be made and filed at a different interval upon a showing of good cause
and with the appropriate protection of the interests of the ward.
2. Upon filing a petition to resign and before the resignation is
accepted by the court.
3. Within 30 days after the date of his removal, unless the court
authorizes a longer period.
4. Within 90 days after the date of termination of the
guardianship or the death of the ward, unless the court authorizes a
longer period.
5. At any other time as required by law or as the court may order.
(Added to NRS by 1969, 431; A 1981, 1937; 2003, 1796 )
1. An account made and filed by a guardian of the estate or
special guardian who is authorized to manage the ward’s property must
include, without limitation, the following information:
(a) The period covered by the account.
(b) All cash receipts and disbursements during the period covered
by the account.
(c) All claims filed and the action taken regarding the account.
(d) Any changes in the ward’s property due to sales, exchanges,
investments, acquisitions, gifts, mortgages or other transactions which
have increased, decreased or altered the ward’s property holdings as
reported in the original inventory or the preceding account.
(e) Any other information the guardian considers necessary to show
the condition of the affairs of the ward.
2. If the account is for the estates of two or more wards, it must
show the interest of each ward in the receipts, disbursements and
property.
3. Receipts or vouchers for all expenditures must be retained by
the guardian for examination by the court or an interested person. Unless
ordered by the court, the guardian is not required to file such receipts
or vouchers with the court.
4. On the court’s own motion or on ex parte application by an
interested person which demonstrates good cause, the court may:
(a) Order production of the receipts or vouchers that support the
account; and
(b) Examine or audit the receipts or vouchers that support the
account.
5. If a receipt or voucher is lost or for good reason cannot be
produced on settlement of an account, payment may be proved by the oath
of at least one competent witness. The guardian must be allowed
expenditures if it is proven that:
(a) The receipt or voucher for any disbursement has been lost or
destroyed so that it is impossible to obtain a duplicate of the receipt
or voucher; and
(b) Expenses were paid in good faith and were valid charges against
the estate.
(Added to NRS by 1969, 431; A 1981, 1937; 1999, 2365 ; 2003, 1796 )
1. Any interested person may appear at the hearing and object to
the account or file written objections to the account prior to the
hearing.
2. If there are no objections to the account or if the court
overrules any objections, the court may enter an order allowing and
confirming the account.
3. Except as otherwise provided in this subsection, the order
settling and allowing the account is a final order and is conclusive
against all persons interested in the guardianship proceeding, including,
without limitation, heirs and assigns. The order is not final against a
ward who requests an examination of any account after the ward’s legal
disability is removed.
4. If the court finds that an interested person who objected to
the account did not object in good faith or in furtherance of the best
interests of the ward, the court may order the interested person to pay
to the estate of the ward all or part of the expenses associated with the
objection.
(Added to NRS by 1969, 431; A 2003, 1797 )
1. Subject to the discretion and approval of the court and except
as otherwise provided in subsection 4, a guardian must be allowed:
(a) Reasonable compensation for the guardian’s services;
(b) Necessary and reasonable expenses incurred in exercising the
authority and performing the duties of a guardian; and
(c) Reasonable expenses incurred in retaining accountants,
attorneys, appraisers or other professional services.
2. Reasonable compensation and services must be based upon similar
services performed for persons who are not under a legal disability. In
determining whether compensation is reasonable, the court may consider:
(a) The nature of the guardianship;
(b) The type, duration and complexity of the services required; and
(c) Any other relevant factors.
3. In the absence of an order of the court pursuant to this
chapter shifting the responsibility of the payment of compensation and
expenses, the payment of compensation and expenses must be paid from the
estate of the ward. In evaluating the ability of a ward to pay such
compensation and expenses, the court may consider:
(a) The nature, extent and liquidity of the ward’s assets;
(b) The disposable net income of the ward;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the duties of the
guardian pursuant to NRS 159.079 or
159.083 .
4. A private professional guardian is not allowed compensation or
expenses for services incurred by the private professional guardian as a
result of a petition to have him removed as guardian if the court removes
the private professional guardian pursuant to the provisions of
subsection 2, 4, 5, 6 or 8 of NRS 159.185 .
(Added to NRS by 1969, 431; A 2003, 1797 ; 2005, 818 )
REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OF GUARDIANSHIP
Removal of Guardian
The court may remove a guardian if the
court determines that:
1. The guardian has become mentally incompetent, unsuitable or
otherwise incapable of exercising the authority and performing the duties
of a guardian as provided by law;
2. The guardian is no longer qualified to act as a guardian
pursuant to NRS 159.059 ;
3. The guardian has filed for bankruptcy within the previous 5
years;
4. The guardian of the estate has mismanaged the estate of the
ward;
5. The guardian has negligently failed to perform any duty as
provided by law or by any order of the court and:
(a) The negligence resulted in injury to the ward or his estate; or
(b) There was a substantial likelihood that the negligence would
result in injury to the ward or his estate;
6. The guardian has intentionally failed to perform any duty as
provided by law or by any lawful order of the court, regardless of injury;
7. The best interests of the ward will be served by the
appointment of another person as guardian; or
8. The guardian is a private professional guardian who is no
longer qualified as a private professional guardian pursuant to NRS
159.0595 .
(Added to NRS by 1969, 432; A 2003, 1798 ; 2005, 819 )
1. The following persons may petition the court to have a guardian
removed:
(a) The ward;
(b) The spouse of the ward;
(c) Any relative who is within the second degree of consanguinity
to the ward;
(d) A public guardian; or
(e) Any other interested person.
2. The petition must:
(a) State with particularity the reasons for removing the guardian;
and
(b) Show cause for the removal.
3. If the court denies the petition for removal, the petitioner
shall not file a subsequent petition unless a material change of
circumstances warrants a subsequent petition.
4. If the court finds that the petitioner did not file a petition
for removal in good faith or in furtherance of the best interests of the
ward, the court may:
(a) Disallow the petitioner from petitioning the court for
attorney’s fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amount sufficient to
reimburse the estate of the ward for all or part of the expenses incurred
by the estate of the ward in responding to the petition and for any other
pecuniary losses which are associated with the petition.
(Added to NRS by 2003, 1766 )
1. If a petition to have a guardian removed is filed with the
court, the court shall issue and serve a citation on the guardian and on
all other interested persons.
2. The citation must require the guardian to appear and show cause
why the court should not remove the guardian.
3. If it appears that the ward or estate may suffer loss or injury
during the time required for service of the citation on the guardian, on
the court’s own motion or on petition, the court may:
(a) Suspend the powers of the guardian by issuing a 30-day
temporary restraining order or an injunction;
(b) Compel the guardian to surrender the ward to a temporary
guardian for not more than 30 days; and
(c) Compel the guardian to surrender the assets of the estate to a
temporary guardian or to the public guardian until the date set for the
hearing.
(Added to NRS by 2003, 1766 )
If a petition to remove
a guardian is deemed sufficient and the guardian fails to appear before
the court, the court may:
1. Hold the guardian in contempt of court.
2. Require the guardian to appear at a date and time set by the
court.
3. Issue a bench warrant for the arrest and appearance of the
guardian.
4. Find that the guardian caused harm to the ward or the estate of
the ward and issue an order accordingly.
(Added to NRS by 2003, 1767 )
1. Notwithstanding any other provision of law, if a guardian is
appointed for a minor, except as otherwise provided in subsection 3, the
court shall not remove the guardian or appoint another person as guardian
unless the court finds that removal of the guardian or appointment of
another person as guardian is in the best interests of the minor.
2. For the purposes of this section in determining the best
interests of the minor, the court shall consider, without limitation:
(a) The ability of the present guardian to provide for the basic
needs of the minor, including, without limitation, food, shelter,
clothing and medical care;
(b) The safety of the home in which the minor is residing;
(c) The length of time that the minor has been in the care of the
present guardian;
(d) The current well being of the minor, including whether the
minor is prospering in the environment being provided by the present
guardian;
(e) The emotional bond existing between the present guardian and
the minor;
(f) If the person petitioning the court to replace the present
guardian was previously removed from the care, custody or guardianship of
the minor:
(1) The level of participation before the petition was filed
by the petitioner in the welfare of the minor; and
(2) If applicable, whether the petitioner has received
instruction in parenting, participated in a program of rehabilitation or
undergone counseling for any problem or conduct that the court, in
appointing the present guardian, considered as an indication of the
previous unfitness of the petitioner; and
(g) The mental and physical health of the present guardian.
3. The court may remove the guardian of a minor or appoint another
person as guardian if the guardian files a petition to resign his
position as guardian.
(Added to NRS by 1997, 1343; A 1999, 143 )
1. When a guardian dies or is removed by order of the court, the
court, upon the court’s own motion or upon a petition filed by any
interested person, may appoint another guardian in the same manner and
subject to the same requirements as are provided by law for an original
appointment of a guardian.
2. If a guardian of the person is appointed for a ward pursuant to
this section, the ward must be served with the petition. If the ward does
not object to the appointment, the ward is not required to attend the
hearing.
(Added to NRS by 1969, 432; A 2003, 1798 )
Resignation of Guardian
1. A guardian of the person, of the estate, or of the person and
the estate, may file with the court a petition tendering the resignation
of the guardian.
2. If the guardian files a petition to resign, the court shall
serve notice upon any person entitled to notice pursuant to NRS 159.047
.
(Added to NRS by 2003, 1767 )
1. Before the court approves the resignation of a guardian of the
person and discharges the guardian, the court shall appoint a successor
guardian.
2. If a ward has more than one guardian, the court may approve the
resignation of one of the guardians if the remaining guardian or
guardians are qualified to act alone.
(Added to NRS by 2003, 1767 )
1. Before the court approves the resignation of a guardian of the
estate and discharges the guardian, the court shall require the guardian
to submit, on the date set for the hearing, an accounting of the estate
through the end of the term.
2. If the guardian fails to file such an accounting, the court may
impose sanctions upon the guardian.
3. If an estate has more than one guardian, the court may accept
the resignation of one of the guardians if the remaining guardian or
guardians are qualified to act alone. The court may waive the requirement
of filing the accounting if the remaining guardian or guardians are:
(a) Required to file the annual accounting, if applicable; and
(b) Responsible for any discrepancies in the accounting.
4. Upon approval of the accounting, if any is required, and
appointment of a successor guardian, the court may approve the
resignation of a guardian and order the discharge of his duties.
(Added to NRS by 2003, 1767 )
Termination of Guardianship
1. A ward, the guardian or another person may petition the court
for the termination or modification of a guardianship. The petition must
state or contain:
(a) The name and address of the petitioner.
(b) The relationship of the petitioner to the ward.
(c) The name, age and address of the ward, if the ward is not the
petitioner, or the date of death of the ward if the ward is deceased.
(d) The name and address of the guardian, if the guardian is not
the petitioner.
(e) The reason for termination or modification.
(f) Whether the termination or modification is sought for a
guardianship of the person, of the estate, or of the person and estate.
(g) A general description and the value of the remaining property
of the ward and the proposed disposition of that property.
2. Upon the filing of the petition, the court may appoint an
attorney to represent the ward if:
(a) The ward is unable to retain an attorney; and
(b) The court determines that the appointment is necessary to
protect the interests of the ward.
3. The petitioner has the burden of proof to show by clear and
convincing evidence that the termination or modification of the
guardianship of the person, of the estate, or of the person and estate is
in the best interests of the ward.
4. The court shall issue a citation to the guardian and all
interested persons requiring them to appear and show cause why
termination or modification of the guardianship should not be granted.
5. If the court finds that the petitioner did not file a petition
for termination or modification in good faith or in furtherance of the
best interests of the ward, the court may:
(a) Disallow the petitioner from petitioning the court for
attorney’s fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amount sufficient to
reimburse the estate of the ward for all or part of the expenses and for
any other pecuniary losses which are incurred by the estate of the ward
and associated with the petition.
(Added to NRS by 1981, 1933; A 1999, 1401 ; 2003, 1798 )
1. A guardianship of the person is terminated:
(a) By the death of the ward;
(b) Upon the ward’s change of domicile to a place outside this
state and the transfer of jurisdiction to the court having jurisdiction
in the new domicile;
(c) Upon order of the court, if the court determines that the
guardianship no longer is necessary; or
(d) If the ward is a minor:
(1) On the date on which the ward reaches 18 years of age; or
(2) On the date on which the ward graduates from high school
or becomes 19 years of age, whichever occurs sooner, if:
(I) The ward will be older than 18 years of age upon
graduation from high school; and
(II) The ward and the guardian consent to continue the
guardianship and the consent is filed with the court at least 14 days
before the date on which the ward will become 18 years of age.
2. A guardianship of the estate is terminated if the court:
(a) Removes the guardian or accepts the resignation of the guardian
and does not appoint a successor guardian; or
(b) Determines that the guardianship is not necessary and orders
the guardianship terminated.
3. If the guardianship is of the person and estate, the court may
order the guardianship terminated as to the person, the estate, or the
person and estate.
(Added to NRS by 1969, 432; A 1999, 1401 ; 2003, 1799 )
1. If a temporary guardianship is terminated and a petition for a
general or special guardianship has not been filed:
(a) The temporary guardian shall immediately turn over all of the
ward’s property to the ward; or
(b) If the temporary guardian is awaiting certification from the
appropriate authority acknowledging that the guardian has no further
liability for taxes on the estate, the temporary guardian shall seek
approval from the court to maintain possession of all or a portion of the
ward’s property.
2. If a temporary guardianship is terminated and a petition for
general or special guardianship has been filed, the temporary guardian of
the estate may:
(a) Continue possessing the ward’s property; and
(b) Perform the duties of guardian for not more than 90 days after
the temporary guardianship is terminated or until the court appoints
another temporary, general or special guardian.
3. If the death of a ward causes the termination of a temporary
guardianship before the hearing on a general or special guardianship:
(a) The temporary guardian of the estate may:
(1) Continue possessing the ward’s property; and
(2) Except as otherwise provided in this paragraph, perform
the duties of guardian for not more than 90 days after the date of the
termination of the temporary guardianship or until the court appoints a
personal representative of the estate, if any. If the temporary guardian
is awaiting certification from the appropriate authority acknowledging
that the guardian has no further liability for taxes on the estate and it
will take longer than 90 days after the date of the termination of the
temporary guardianship to receive such certification, the temporary
guardian must seek approval from the court to maintain possession of all
or a portion of the ward’s property until certification is received.
(b) If no personal representative has been appointed pursuant to
chapter 138 or 139 of NRS, the temporary guardian shall pay all of the
final expenses and outstanding debts of the ward to the extent possible
using the assets in the possession of the temporary guardian.
(Added to NRS by 2003, 1767 )
1. The guardian of the estate is entitled to possession of the
ward’s property and is authorized to perform the duties of the guardian
to wind up the affairs of the guardianship:
(a) For a period that is reasonable and necessary after the
termination of the guardianship;
(b) Except as otherwise provided in paragraph (c), for not more
than 90 days after the date of the appointment of a personal
representative of the estate of a deceased ward; or
(c) Upon approval of the court, for more than 90 days if the
guardian is awaiting certification from the appropriate authority
acknowledging that the guardian has no further liability for taxes on the
estate.
2. To wind up the affairs of the guardianship, the guardian shall:
(a) Pay all expenses of administration of the guardianship estate,
including those incurred in winding up the affairs of the guardianship.
(b) Complete the performance of any contractual obligations
incurred by the guardianship estate.
(c) With prior approval of the court, continue any activity that:
(1) The guardian believes is appropriate and necessary; or
(2) Was commenced before the termination of the guardianship.
(d) If the guardianship is terminated for a reason other than the
death of the ward, examine and allow and pay, or reject, all claims
presented to the guardian prior to the termination of the guardianship
for obligations incurred prior to the termination.
(Added to NRS by 1969, 432; A 2003, 1800 )
1. If the guardianship is terminated by reason of the death of the
ward:
(a) Except as otherwise provided in NRS 159.197 , the guardian shall report to the personal
representative claims which are presented to the guardian, or which have
been presented to the guardian but have not been paid, except those
incurred in paying the expenses of administration of the guardianship
estate and in winding up the affairs of the guardianship estate.
(b) Claims which have been allowed by the guardian, but not paid,
shall be paid by the personal representative in the course of probate in
the priority provided by law for payment of claims against a decedent,
and shall have the same effect and priority as a judgment against a
decedent.
(c) Claims which have been presented and not allowed or rejected
shall be acted upon by the personal representative in the same manner as
other claims against a decedent.
2. The personal representative shall be substituted as the party
in interest for the guardian in any action commenced or which may be
commenced by the creditor pursuant to NRS 159.107 , including summary determination, on any claim
rejected by the guardian.
(Added to NRS by 1969, 433; A 2003, 1800 )
1. After the winding up of the affairs of the guardianship, the
guardian shall deliver physical possession of all of the ward’s property
to the ward, the personal representative or the successor guardian, as
the case may be, and obtain a receipt of the delivery of the property.
2. Before the guardian delivers physical possession of the ward’s
property to the personal representative and upon sufficient evidence of
prior title, the guardian may petition the court to have the title to the
property modified, on a pro rata basis, to reflect the manner in which
title was held before the guardianship was established so that the
property is distributed to the intended beneficiary or former joint owner
of the property.
3. If the guardianship has terminated by reason of the death of
the ward, the court, by order, may authorize the guardian to handle the
deceased ward’s property in the same manner as authorized by NRS 146.070
or 146.080 , if the gross value of the property, less
encumbrances, and less fees, costs and expenses that are approved by the
court, remaining in the hands of the guardian does not exceed the amount
authorized pursuant to NRS 146.070 or
146.080 .
(Added to NRS by 1969, 433; A 1971, 157; 1973, 432; 1975, 1780;
1979, 479; 1983, 196; 1997, 1495; 2003, 1801 , 2514 )
1. Upon the filing of receipts and vouchers showing compliance
with the orders of the court in winding up the affairs of the
guardianship, the court shall enter an order discharging the guardian and
exonerating the bond of the guardian.
2. A guardian is not relieved of liability for his term as
guardian until an order of discharge is entered and filed with the court.
(Added to NRS by 1969, 433; A 2003, 1801 )
TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA
1. Where a guardian of the estate for a nonresident has not been
appointed in this state, but the nonresident has a foreign guardian and a
person within this state is indebted to such nonresident or such
nonresident has property within this state that is capable of being
removed and which is on deposit with or in the possession of a resident
of this state, and such property is not subject to a mortgage, pledge,
lien or other encumbrance restricting removal of the property from this
state, the person in possession of the property may deliver such property
or the person indebted may pay such debt, to the foreign guardian. The
delivery of such property or the payment of such debt is, to the extent
of such delivery or payment, a release and discharge with respect to such
property or debt.
2. The court may require such foreign guardian to post a bond in
the same manner as required of a resident guardian and may enter such
orders as are necessary to protect secured creditors of the ward and
unsecured creditors of the ward who are residents of this state.
(Added to NRS by 1969, 434)
APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT
1. Except as otherwise provided in this section or NRS 127.045
, a parent, without the approval of a
court, may appoint in writing a short-term guardianship for an unmarried
minor child if the parent has legal custody of the minor child.
2. The appointment of a short-term guardianship is effective for a
minor who is 14 years of age or older only if the minor provides written
consent to the guardianship.
3. The appointment of a short-term guardian does not affect the
rights of the other parent of the minor.
4. A parent shall not appoint a short-term guardian for a minor
child if the minor child has another parent:
(a) Whose parental rights have not been terminated;
(b) Whose whereabouts are known; and
(c) Who is willing and able to make and carry out daily child care
decisions concerning the minor,
Ê unless the other parent of the minor child provides written consent to
the appointment.
5. The written instrument appointing a short-term guardian becomes
effective immediately upon execution and must include, without limitation:
(a) The date on which the guardian is appointed;
(b) The name of the parent who appointed the guardian, the name of
the minor child for whom the guardian is appointed and the name of the
person who is appointed as the guardian; and
(c) The signature of the parent and the guardian in the presence of
a notary public acknowledging the appointment of the guardian. The parent
and guardian are not required to sign and acknowledge the instrument in
the presence of the other.
6. The short-term guardian appointed pursuant to this section
serves as guardian of the minor for 6 months, unless the written
instrument appointing the guardian specifies a shorter term or specifies
that the guardianship is to terminate upon the happening of an event that
occurs sooner than 6 months.
7. Only one written instrument appointing a short-term guardian
for the minor child may be effective at any given time.
8. The appointment of a short-term guardian pursuant to this
section:
(a) May be terminated by an instrument in writing signed by either
parent if that parent has not been deprived of the legal custody of the
minor.
(b) Is terminated by any order of a court of competent jurisdiction
that appoints a guardian.
(Added to NRS by 1969, 194; A 1969, 434; 1989, 534; 2003, 1802
)
1. A member of the Armed Forces of the United States, a reserve
component thereof or the National Guard may, by written instrument and
without the approval of a court, appoint any competent adult residing in
this state as the guardian of the person of a minor child who is a
dependent of that member. The instrument must be:
(a) Executed by both parents if living, not divorced and having
legal custody of the child, otherwise by the parent having legal custody;
and
(b) Acknowledged in the same manner as a deed.
Ê If both parents do not execute the instrument, the executing parent
shall send by certified mail, return receipt requested, to the other
parent at his last known address, a copy of the instrument and a notice
of the provisions of subsection 3.
2. The instrument must contain a provision setting forth the:
(a) Branch of the Armed Forces;
(b) Unit of current assignment;
(c) Current rank or grade; and
(d) Social security number or service number,
Ê of the parent who is the member.
3. The appointment of a guardian pursuant to this section:
(a) May be terminated by a written instrument signed by either
parent of the child if that parent has not been deprived of his parental
rights to the child; and
(b) Is terminated by any order of a court.
(Added to NRS by 1985, 1075)
ACTS AGAINST OR AFFECTING WARD OR PROPOSED WARD
1. If a guardian, interested person, ward or proposed ward
petitions the court upon oath alleging:
(a) That a person has or is suspected to have concealed, converted
to his own use, conveyed away or otherwise disposed of any money, good,
chattel or effect of the ward; or
(b) That the person has in his possession or knowledge any deed,
conveyance, bond, contract or other writing which contains evidence of,
or tends to disclose the right, title or interest of the ward or proposed
ward in or to, any real or personal property, or any claim or demand,
Ê the judge may cause the person to be cited to appear before the
district court to answer, upon oath, upon the matter of the petition.
2. If the person cited does not reside in the county where letters
of guardianship have been issued pursuant to NRS 159.075 , the person may be cited and examined before
the district court of the county where the person resides, or before the
court that issued the citation. Each party to the petition may produce
witnesses, and such witnesses may be examined by either party.
(Added to NRS by 2003, 1759 )
1. If the court finds, after examination of a person cited
pursuant to NRS 159.305 , that the
person has committed an act:
(a) Set forth in paragraph (a) of subsection 1 of NRS 159.305
, the court may order the person to
return the asset or the value of the asset to the guardian of the estate;
or
(b) Set forth in paragraph (b) of subsection 1 of NRS 159.305
, the court may order the person to
return the asset or provide information concerning the location of the
asset to the guardian of the estate.
2. The court may hold a person who is cited pursuant to NRS
159.305 in contempt of court and deal
with him accordingly if the person:
(a) Refuses to appear and submit to examination or to testify
regarding the matter complained of in the petition; or
(b) Fails to comply with an order of the court issued pursuant to
subsection 1.
3. An order of the court pursuant to subsection 1 is prima facie
evidence of the right of the proposed ward or the estate of the ward to
the asset described in the order in any action that may be brought for
the recovery thereof, and any judgment recovered therein must be double
the value of the asset, and damages in addition thereof equal to the
value of such property.
4. If the person who is cited pursuant to NRS 159.305 appears and, upon consideration of the
petition, the court finds that the person is not liable or responsible to
the estate of the ward or proposed ward, the court may order:
(a) The estate of the ward or proposed ward to pay the attorney’s
fees and costs of the respondent; or
(b) If the court finds that the petitioner unnecessarily or
unreasonably filed the petition, the petitioner personally to pay the
attorney’s fees and costs of the respondent.
(Added to NRS b y 2003, 1759 )
APPEALS
In addition to any order
from which an appeal is expressly authorized pursuant to this chapter, an
appeal may be taken to the Supreme Court within 30 days after its notice
of entry from an order:
1. Granting or revoking letters of guardianship.
2. Directing or authorizing the sale or conveyance, or confirming
the sale, of property of the estate of a ward.
3. Settling an account.
4. Ordering or authorizing a guardian to act pursuant to NRS
159.113 .
5. Ordering or authorizing the payment of a debt, claim, devise,
guardian’s fees or attorney’s fees.
6. Determining ownership interests in property.
7. Granting or denying a petition to enforce the liability of a
surety.
8. Granting or denying a petition for modification or termination
of a guardianship.
9. Granting or denying a petition for removal of a guardian or
appointment of a successor guardian.
(Added to NRS by 2003, 1769 )
