Nevada Guardianships; Conservatorships; Trusts

Sec. § 159.073
Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances.


1.

Every guardian, before entering upon his or her duties as guardian and before letters of guardianship may issue, shall:

(a)

Take and subscribe the official oath which must:

(1)

Be endorsed on the letters of guardianship; and

(2)

State that the guardian will well and faithfully perform the duties of guardian according to law.

(b)

File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and the residence and post office addresses of the guardian.

(c)

Except as otherwise required in subsection 2, make and file in the proceeding a verified acknowledgment of the duties and responsibilities of a guardian. The acknowledgment must set forth:

(1)

A summary of the duties, functions and responsibilities of a guardian, including, without limitation, the duty to:
(I) Act in the best interest of the protected person at all times.
(II) Provide the protected person with medical, surgical, dental, psychiatric, psychological, hygienic or other care and treatment as needed, with adequate food and clothing and with safe and appropriate housing.
(III) Protect, preserve and manage the income, assets and estate of the protected person and utilize the income, assets and estate of the protected person solely for the benefit of the protected person.
(IV) Maintain the assets of the protected person in the name of the protected person or the name of the guardianship. Except when the spouse of the protected person is also his or her guardian, the assets of the protected person must not be commingled with the assets of any third party.
(V) Provide notification of the death of the protected person in accordance with NRS 159.0809.

(2)

A summary of the statutes, regulations, rules and standards governing the duties of a guardian.

(3)

A list of actions regarding the protected person that require the prior approval of the court.

(4)

A statement of the need for accurate recordkeeping and the filing of annual reports with the court regarding the finances and well-being of the protected person.

2.

The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and, in lieu thereof, require the public guardian or private professional guardian to file a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.
Source

Last accessed
Feb. 5, 2021