Nevada Guardianships; Conservatorships; Trusts

Sec. § 159.333
Petition for order restricting communication, visitation or interaction between protected person and relative or person of natural affection; issuance of order; petition to modify or rescind order.


1.

For good cause, a guardian may petition a court to issue an order restricting the ability of a relative or person of natural affection to communicate, visit or interact with a protected person.

2.

After a petition is filed by a guardian pursuant to subsection 1, a court:

(a)

May appoint a person to meet with the protected person to determine his or her wishes regarding communication, visitation or interaction with the relative or person of natural affection;

(b)

Shall give notice and an opportunity to be heard to the guardian, the protected person and the relative or person of natural affection;

(c)

Shall preserve the right of the protected person to be present at the hearing on the petition; and

(d)

May order supervised communication, visitation or interaction between the protected person and the relative or person of natural affection before the hearing on the petition.

3.

Upon a showing of good cause by a guardian, a court may issue an order restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to this section. When determining whether to issue an order, a court shall consider the following factors:

(a)

Whether any protective order has been issued to protect the protected person from the relative or person of natural affection;

(b)

Whether the relative or person of natural affection has been charged with abuse, neglect or financial exploitation of the protected person;

(c)

Whether the protected person has expressed to the court or to the guardian and at least one other independent witness who is not affiliated with or related to the guardian or the protected person a desire to or a desire not to communicate, visit or interact with the relative or person of natural affection;

(d)

If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney or other written instrument contains a preference by the protected person regarding his or her communication, visitation or interaction with the relative or person of natural affection; and

(e)

Any other factor deemed relevant by the court.

4.

If a protected person is unable to communicate verbally, the guardian shall provide the court with documentation of any physical reactions or manifestations of agitation, distress or combative or overly emotional behavior by the protected person during or following any contact with a relative or person of natural affection or any opposition by the protected person to any communication, visitation or interaction with a relative or person of natural affection for the purpose of allowing the court to consider whether the protected person has expressed a desire not to communicate, visit or interact with the relative or person of natural affection, as set forth in paragraph (c) of subsection 3. Such documentation may include, without limitation, any nursing notes, caregiver records, medical records or testimony of witnesses.

5.

A guardian, protected person, relative or person of natural affection may petition the court to modify or rescind any order issued pursuant to this section.
Source

Last accessed
Feb. 5, 2021