Nevada Guardianships; Conservatorships; Trusts

Sec. § 159.0613
Protected persons: Preference for appointment of certain persons; other considerations in determining qualifications and suitability of guardian; appointment of nonresident guardian under certain circumstances; appointment of other persons; disqualifications.


1.

Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for a protected person or proposed protected person, the court shall give preference to a nominated person or relative, in that order of preference:

(a)

Whether or not the nominated person or relative is a resident of this State; and

(b)

If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the protected person or proposed protected person.

2.

In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for a protected person or proposed protected person, the court shall consider, if applicable and without limitation:

(a)

The ability of the nominated person, relative or other person to provide for the basic needs of the protected person or proposed protected person, including, without limitation, food, shelter, clothing and medical care;

(b)

Whether the nominated person, relative or other person 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;

(c)

Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the protected person or proposed protected person to appoint the person as guardian for the protected person or proposed protected person;

(d)

Whether the nominated person, relative or other person is incapacitated or has a disability; and

(e)

Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the protected person or proposed protected person.

3.

If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for a protected person or proposed protected person, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

(a)

A person whom the protected person or proposed protected person nominated for the appointment as guardian for the protected person or proposed protected person in a will, trust or other written instrument that is part of the established estate plan of the protected person or proposed protected person and was executed by the protected person or proposed protected person while he or she was not incapacitated.

(b)

A person whom the protected person or proposed protected person requested for the appointment as guardian for the protected person or proposed protected person in a request to nominate a guardian that is executed in accordance with NRS 159.0753.

4.

Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

(a)

Any nomination or request for the appointment as guardian by the protected person or proposed protected person.

(b)

Any nomination or request for the appointment as guardian by a relative.

(c)

The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the protected person or proposed protected person. 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 any relative in the following order of preference:

(1)

A spouse or domestic partner.

(2)

A child.

(3)

A parent.

(4)

Any relative with whom the protected person or proposed protected person has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the protected person or proposed protected person while he or she was not incapacitated.

(5)

Any relative currently acting as agent.

(6)

A sibling.

(7)

A grandparent or grandchild.

(8)

An uncle, aunt, niece, nephew or cousin.

(9)

Any other person recognized to be in a familial relationship with the protected person or proposed protected person.

(d)

Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

(e)

Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the protected person or proposed protected person while he or she was not incapacitated.

5.

The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

(a)

The nonresident is more qualified and suitable to serve as guardian; and

(b)

The distance from the proposed guardian’s place of residence and the place of residence of the protected person or proposed protected person will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the protected person or proposed protected person because:

(1)

A person or care provider in this State is providing continuing care and supervision for the protected person or proposed protected person;

(2)

The protected person or proposed protected person is in a secured residential long-term care facility in this State; or

(3)

Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the protected person or proposed protected person will move to the proposed guardian’s state of residence.

6.

If the court appoints a nonresident as guardian for the protected person or proposed protected person:

(a)

The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met.

(b)

The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS and provide notice of the designation of a registered agent to the court. After the court is provided with such notice, the court shall monitor the information of the registered agent using the records of the Secretary of State.

(c)

The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

(1)

The legal duties and responsibilities of the guardian pursuant to this chapter;

(2)

The preparation of records and the filing of annual reports regarding the finances and well-being of the protected person or proposed protected person required pursuant to NRS 159.073;

(3)

The rights of the protected person or proposed protected person;

(4)

The availability of local resources to aid the protected person or proposed protected person; and

(5)

Any other matter the court deems necessary or prudent.

7.

If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

(a)

The public guardian of the county where the protected person or proposed protected person resides if:

(1)

There is a public guardian in the county where the protected person or proposed protected person resides; and

(2)

The protected person or proposed protected person 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 protected person or proposed protected person 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 or 159A.0595.

8.

A person is not qualified to be appointed as guardian for a protected person or proposed protected person if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

(a)

The practice of law;

(b)

The practice of accounting; or

(c)

Any other profession that:

(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 in which the person practices his or her profession.

9.

As used in this section:

(a)

“Domestic partner” means a person in a domestic partnership.

(b)

“Domestic partnership” means a domestic partnership as defined in NRS 122A.040.

(c)

“Nominated person” means a person, whether or not a relative, whom a protected person or proposed protected person:

(1)

Nominates for the appointment as guardian for the protected person or proposed protected person in a will, trust or other written instrument that is part of the established estate plan of the protected person or proposed protected person and was executed by the protected person or proposed protected person while he or she was not incapacitated.

(2)

Requests for the appointment as guardian for the protected person or proposed protected person in a request to nominate a guardian that is executed in accordance with NRS 159.0753.

(d)

“Relative” means a person who is 18 years of age or older and who is related to the protected person or proposed protected person by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
Source

Last accessed
Feb. 5, 2021