Nevada Guardianships; Conservatorships; Trusts

Sec. § 159.044
Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person.


1.

A proposed protected person, 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 protected person.

(c)

A copy of one of the following forms of identification of the proposed protected person which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or 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;

(5)

A valid passport number;

(6)

A valid permanent resident card number; or

(7)

A valid tribal identification card 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 120 days after the appointment of a guardian or as otherwise ordered by the court.

(d)

Whether the proposed protected person is a resident or nonresident of this State.

(e)

The names and addresses of the spouse of the proposed protected person and the relatives of the proposed protected person who are within the second degree of consanguinity.

(f)

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 or 159A.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 protected person who is not related to the person by blood or marriage. As used in this paragraph, “protected person” includes a protected minor.

(g)

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 provided in NRS 239.0115 or 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;

(5)

A valid passport number;

(6)

A valid permanent resident card number; or

(7)

A valid tribal identification card number.

(h)

Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

(i)

A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation must include, without limitation:

(1)

A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:
(I) The need for a guardian;
(II) Whether the proposed protected person presents a danger to himself or herself or others;
(III) Whether the attendance of the proposed protected person at a hearing would be detrimental to the proposed protected person;
(IV) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding; and
(V) Whether the proposed protected person is capable of living independently with or without assistance; and

(2)

If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person.

(j)

Whether the appointment of a general or a special guardian is sought.

(k)

A general description and the probable value of the property of the proposed protected person and any income to which the proposed protected person 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 protected person by the United States through the Department of Veterans Affairs, the petition must so state.

(l)

The name and address of any person or care provider having the care, custody or control of the proposed protected person.

(m)

If the petitioner is not the spouse or natural child of the proposed protected person, a declaration explaining the relationship of the petitioner to the proposed protected person or to the family or friends of the proposed protected person, if any, and the interest, if any, of the petitioner in the appointment.

(n)

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.

(o)

If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed protected person, whether the referral was from a law enforcement agency or a state or county agency.

(p)

Whether the proposed protected person or the proposed guardian is a party to any pending criminal or civil litigation.

(q)

Whether the guardianship is sought for the purpose of initiating litigation.

(r)

Whether the proposed protected person 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.

(s)

Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

3.

Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed.
Source

Last accessed
Feb. 5, 2021