Revises provisions governing guardianship of minors. (BDR 13-869)

- 83rd Session (2025)
Assembly Bill No. 387–Committee on Judiciary

CHAPTER..........

AN ACT relating to guardianship; revising provisions relating to
service of certain notices, petitions and citations relating to
guardianships of minors; revising provisions relating to the
appointment, modification, removal or termination of
guardianships of minors; revising provisions r elating to the
powers and duties of guardians of minors; revising provisions
relating to the management of the estates, property and other
assets of protected minors; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes procedures relating to the appointment of guardians of
minors and prescribes the powers and duties of the guardians. (Chapter 159A of
NRS) Specifically, existing law requires a notice of a petition in a guardianship
proceeding for a m inor, the petition and a citation relating to the time and place of
the hearing on the petition to be served on certain persons. (NRS 159A.034,
159A.047, 159A.0475) Sections 3, 8 and 9 of this bill make various changes
related to the persons who are requir ed to be served with the notice, petition or
citation.
Existing law prescribes the method of service related to certain petitions and
citations required to be served in guardianship proceedings for minors. (NRS
159A.034, 159A.0475, 159A.052, 159A.053) Sections 3, 9, 13 and 14 of this bill
make various changes related to the method of service.
Existing law requires a petition for the appointment of a guardian for a minor to
include certain information. (NRS 159A.044) Similarly, existing law sets forth the
information that must be contained in a petition for the appointment of a temporary
guardian of a minor. (NRS 159A.053) Sections 4 and 14 of this bill revise the
information that is required to be contained in the petition for the appointment of a
guardian and a petition for the appointment of a temporary guardian, respectively.
Existing law requires a proposed guardian to file a proposed preliminary care
plan and budget under certain circumstances. (NRS 159A.0445) Section 5 of this
bill: (1) expands the c ircumstances under which a proposed guardian may be
required to file a proposed preliminary care plan and budget; and (2) requires the
annual review and revision of the budget under certain circumstances.
Existing law authorizes a court to appoint an atto rney to represent a protected
minor or proposed protected minor in guardianship proceedings. (NRS 159A.045)
Section 6 of this bill provides that if a court appoints an attorney to represent a
protected minor or proposed protected minor in a jurisdiction where there are
certain established programs for legal services, the court must appoint an attorney
from that program in those circumstances. Section 6 also establishes provisions that
address the scenario under which the program for legal services has insufficient
funding to support the representation of each child who would otherwise qualify for
the appointment of an atto rney under the new procedures and requires such
attorneys to comply with the Nevada Rules of Professional Conduct. Sections 7
and 10 of this bill make certain changes to reflect the procedures for the
appointment of an attorney under section 6.
Section 11 of this bill deems a protected minor or proposed protected minor
who is the subject of guardianship proceedings to be a party to the proceedings.

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Existing law authorizes a court to determine that a petitioner is a vexatious
litigant under certain circums tances. (NRS 159A.0486) Section 12 of this bill
expands the circumstances under which a court may find that a petitioner is a
vexatious litigant to include certain acts involving a parent of a protected minor or
proposed protected minor.
Existing law auth orizes a person to petition the court for the appointment of a
temporary guardian under certain circumstances. ( NRS 159A.052, 159A.053)
Sections 13 and 14 make various changes to these procedures for the purpose of
providing that a court may require a hear ing on the petition before determining the
need to appoint a temporary guardian.
Existing law requires a proposed protected minor to attend a hearing for the
appointment of a guardian unless certain evidence is shown to the court. (NRS
159A.0535) Section 15 of this bill removes this requirement related to the evidence
and instead authorizes the court to waive the requirement for physical attendance or
remote appearance for good cause shown.
Existing law establishes various procedures related to the issuan ce of orders for
the appointment of a guardian and the burden of proof for the petitioner and certain
other persons. (NRS 159A.055, 159A.0565, 159A.061) Section 16 of this bill
requires the petitioner to prove by clear and convincing evidence that the
appointment of a guardian is in the best interests of the proposed protected minor.
Sections 16 -18 of this bill also make various changes related to the issuance of
such orders.
Existing law requires a guardian of a protected minor to perform certain duties
that are necessary for the proper care, maintenance, education and support of the
protected minor. (NRS 159A.079) Section 20 of this bill additionally requires a
guardian to facilitate appropriate contact between a protected minor and each parent
of the protected minor under certain circumstances.
Existing law establishes certain requirements relating to the placement of a
protected minor in a secured residential long -term care facility. (NRS 159A.079,
159A.0807) Sections 20 and 21 of this bill make these r equirements applicable to
the placement of a protected minor in a facility that provides residential treatment.
Sections 20 and 22 of this bill also remove certain unnecessary references to
the employment of certain providers of health care by the Departm ent of Veterans
Affairs.
Existing law requires a guardian of a protected minor to file an annual report
and prescribes the required contents of the report. (NRS 159A.081) Section 23 of
this bill requires the report to include the frequency of visitation b etween the
protected minor and any parent of the protected minor.
Existing law establishes the duties of a guardian of the estate of a protected
minor. (NRS 159A.083) Section 24 of this bill revises and expands the duties of a
guardian of the estate relat ed to investing, financial accounting, the expenditure of
money and the management of certain other property. Section 27 of this bill makes
similar changes concerning the expenditure of money related to a guardian of a
protected minor who is not a guardian of the estate of a protected minor. (NRS
159A.112) Sections 19, 25-31, 36 and 39 of this bill make various other changes
related to the estate of a protected minor.
Existing law requires a guardian to notify the court if the guardian is subject to
certain disqualifying events. (NRS 159A.1852) Section 32 of this bill removes
certain circumstances under which a guardian is required to provide such notice.
Existing law authorizes certain persons to petition the court to remove a
guardian. (NRS 159A.1853) Section 33 of this bill revises the persons who may file
such a petition by removing the authority of a public guardian to file the petition
and additionally authorizing an attorney of a protected minor or agency which

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provides child welfare services to file the petition. Section 37 of this bill requires a
court to consider certain factors related to petitions filed by the pa rent of a
protected minor. (NRS 159A.1915)
Sections 33, 35, 38 and 40 of this bill revise the remedial actions that can be
taken by a court under certain circumstances.
Existing law authorizes a court to appoint another guardian when a guardian
dies or is removed by an order of the court. (NRS 159A.187) Section 34 of this bill
requires the court to provide notice of the matter to an agency which provides child
welfare services if a guardian dies or is removed and there is not a qualified
guardian or temporary substitute guardian willing to serve.
Section 1 of this bill defines the term “agency which provides child welfare
services” for the purposes of the provisions of law governing guardianships of
minors. Section 2 of this bill makes a conforming change to indicate that the
definition applies to the existing provisions of law.
Section 42 of this bill repeals various provisions of law related to the
guardianship of minors. Sections 2-4, 8 and 9 of this bill make conforming changes
relating to the repeal of such provisions.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 159A of NRS is hereby amended by
adding thereto a new section to read as follows:
“Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
Sec. 2. NRS 159A.013 is hereby amended to read as follows:
159A.013 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS [159A.014]
159A.0145 to 159A.0265, inclusive, and section 1 of this act, have
the meanings ascribed to them in those sections.
Sec. 3. NRS 159A.034 is hereby amended to read as follows:
159A.034 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 any petition filed in the guardianship proceeding to:
(a) Any protected minor who is 14 years of a ge or older,
regardless of whether the protected minor is considered to have the
capacity to understand or appreciate the contents of the petition.
(b) The parent or legal guardian of any protected minor . [who is
less than 14 years of age.]
(c) All known relatives of the protected minor who are within
the second degree of consanguinity.
(d) Any other interested person or the person’s attorney who has
filed a request for notice in the guardianship proceedings and has

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served a copy of the request upon the guardian or the proposed
guardian. [The request for notice must state the interest of the
person filing the request and the person’s name and address, or that
of his or her attorney.]
(e) The guardian, if the petitioner is not the guardian.
(f) Any person [or care provider ] who is providing care for the
protected minor, except that if the person [or care provider ] is not
related to the protected minor, such person [or care provider ] must
not receive copies of any inventory or accounting.
(g) [The Director of the Department of Health and Human
Services if the protected minor has received or is receiving benefits
from Medicaid.] An agency which provides child welfare services ,
if the proposed protected minor is in the care, custody or control of
the agency which provides child welfare services.
(h) Those persons entitled to notice if a proceeding were brought
in the protected minor’s home state.
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 re sidence, 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. Except as otherwise provided in this subs ection, if none of
the persons entitled to notice of a hearing on a petition pursuant to
this section 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 o f the notice [must] may be made
[by publication] in [the] any manner [provided] prescribed by the
Nevada Rules of Civil Procedure. In all such cases, the notice must
be [published] served not later than 10 days before the date set for
the hearing. If, after the appointment of a guardian, a search for
relatives of the protected minor listed in paragraph (c) of subsection
1 fails to find any such relative, the court may waive the notice [by
publication] required by this subsection.
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.

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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.
7. A request for notice filed pursuant to paragraph (d) of
subsection 1:
(a) Must state the interest of the person filing the request and
the name and address of the person or the attorney of the person;
and
(b) Does not make the interested person a party to the
guardianship proceeding.
Sec. 4. NRS 159A.044 is hereby amended to read as follows:
159A.044 1. Except as otherwise provided in NRS 127.045, a
proposed protected minor, 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 minor.
(c) A copy of one of the following forms of identification of the
proposed protected minor 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 birth certificate;
(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.
 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) The date on whic h the proposed protected minor 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
protected mino r will need guardianship after attaining the age of
majority.

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(e) Whether the proposed protected minor is a resident or
nonresident of this State.
(f) The names and addresses of the relatives of the proposed
protected minor 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 159A.0595. If the p roposed guardian is not a
private professional guardian, the petition must include a statement
that the proposed 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.
(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 provided in
NRS 239.0115 or as otherwise require d to carry out a specific
statute, maintained in a confidential manner:
(1) A social security number;
(2) A birth certificate;
(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.
(i) 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 wheth er the proposed
guardian was placed on probation or parole.
(j) Whether the proposed guardian or any person who resides
with the proposed guardian:
(1) Has ever been the subject of a report that has been
assigned a disposition of substantiated pursuant to NRS 432B.305
or an equivalent disposition in another jurisdiction; or
(2) Is being investigated for child abuse or neglect by an
agency which provides child welfare services.
(k) A summary of the reasons why a guardian is needed and any
available documentation demonstrating the need for a guardianship,
including, without limitation, any orders or other information from a
court concerning the custody of the proposed protected minor.
[(k)] (l) A statement concerning the suitability of the proposed
guardian to provide for the basic needs of the proposed protected
minor, including, without limitation, food, shelter, clothing,
medical care and education.

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(m) A general description and the probable value of the property
of the proposed protected minor and a ny income to which the
proposed protected minor is or will be entitled, if the petition is for
the appointment of a guardian of the estate.
[(l)] (n) The name and address of any person [or care provider]
having the care, custody or control of the proposed protected minor.
[(m)] (o) A description of the relationship between the
proposed guardian and the proposed protected minor.
(p) The name of each person who resides with the proposed
guardian and a description of the relationship between any such
person and:
(1) The proposed guardian; and
(2) The proposed protected minor.
(q) If a petitioner is not a parent of the proposed protected minor
[, a] :
(1) A declaration explaining the relationship of the petitioner
to the proposed protected minor or to the proposed protected
minor’s parents and the interest, if any, of that petitioner in the
appointment [.
(n)] ; and
(2) The expected amount of parental involvement in the life
of the proposed protected minor, if any.
(r) Requests for any of the specif ic powers set forth in NRS
159A.165 to 159A.175, inclusive, necessary to enable the guardian
to carry out the duties of the guardianship.
[(o)] (s) If the guardianship is sought as the result of an
investigation of a report of abuse or neglect of the prop osed
protected minor, whether the referral was from a law enforcement
agency or a state or county agency.
[(p)] (t) Whether the proposed protected minor or the proposed
guardian is a party to any pending criminal or civil [litigation.
(q)] proceeding, including, without limitation:
(1) A proceeding for dependency; or
(2) A delinquency proceeding which is conducted pursuant
to title 5 of NRS.
(u) Whether the guardianship is sought for the purpose of
initiating litigation.
[(r)] (v) Whether the proposed guardian has filed for or received
protection under the federal bankruptcy laws within the immediately
preceding 7 years.
Sec. 5. NRS 159A.0445 is hereby amended to read as follows:
159A.0445 [Upon the filing of a petition for the appointment
of a guardian, the]

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1. A court may require a proposed guardian to file a proposed
preliminary care plan and budget [.] upon:
(a) The filing of a petition for the appointment of a guardian
of the estate;
(b) The filing of a petition for the appointment of a guardian
of the person and estate; or
(c) A finding of good cause shown.
2. The format of [such] a proposed preliminary care plan and
budget [and the timing of the filing thereof ] described in this
section must be specified by a rule approved by the Supreme Court.
3. If a budget submitted pursuant to this section is approved,
a court shall annually review the budget in conjunction with the
annual accounting filed pursuant to NRS 159A.176 to 159A.184,
inclusive.
4. If at any time the court determines that a budget is not
reasonably calculated to meet the needs of a protected minor, the
court may order the guardian to submit a revised proposed budget
for review and approval by the court.
5. Nothing in this section shall be deemed to alleviate the duty
of a parent to financially provide for the basic needs of a protected
minor, including, without limitation, food, shelter, clothing and
medical care.
Sec. 6. NRS 159A.045 is hereby amended to read as follows:
159A.045 1. On or after the date of the filing of a petition to
appoint a guardian:
(a) [The] Subject to subsection 2, the court may appoint an
attorney to represent the protected minor or proposed protected
minor; and
(b) The attorney must represent the protected minor or proposed
protected minor until relieved of that duty by court order.
2. [The] Except as otherwise provided in subsection 3, if a
petition to appoint a guardian is filed in a jurisdiction where there
is a pr ogram for legal services that receives the fees charged
pursuant to NRS 19.031 for the operation of programs for the
indigent and the protected minor or proposed protected minor
would qualify for representation from the program in the
guardianship proceeding, the court shall appoint an attorney from
the program to represent the protected minor or proposed
protected minor.
3. If a program for legal services described in subsection 2
has insufficient funds to support the representation of each child
who would qualify for the appointment of an attorney pursuant to
subsection 2, the program shall determine the number of protected

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minors or proposed protected minors supported from the available
funds.
4. If an attorney appointed pursuant to subsection 1 is no t
compensated by any public money for the representation and the
protected minor or proposed protected minor has an estate, the
court may authorize an attorney [is entitled] to receive reasonable
compensation from the estate . [of the protected minor or pr oposed
protected minor.]
5. 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 protected minor or
proposed protected minor all or part of the expenses associated with
the appointment of the attorney.
[3.] 6. An attorney who is appointed pursuant to subsection 1
may not serve as a guardian ad litem or an advocate for the best
interests of a protected minor or proposed protected minor.
7. An attorney appointed to represent a protected minor or
proposed protected minor shall comply with the Nevada Rules of
Professional Conduct.
8. The provisions of this section do not prohibit:
(a) A protected minor or proposed protected minor from
retaining counsel; or
(b) An attorney from providing legal services on a pro bono
basis to a protected minor or a proposed protected minor.
Sec. 7. NRS 159A.0455 is hereby amended to read as follows:
159A.0455 1. The court may appoint a guardian ad litem or
an advocate for the best interests of a protected minor or proposed
protected minor who is the subject of guardianship proceedings
conducted pursuant to this chapter if the court believes that the
minor could benefit from that appointment.
2. The court may not appoint an attorney as a guardian ad litem
or an advocate for the best interests of a protected minor or
proposed protected minor unless:
(a) [The] If an attorney has been appointed pursuant to
subsection 1 of NRS 159A.045 or has otherwise been retained to
represent the protected minor or proposed protected minor, the
court believes that [an] the attorney [who represents the protected
minor or proposed protected minor] is unable to provide information
which is required by the court to make a determination on the best
interests of the minor;
(b) [No] A volunteer is not available to serve as an advocate; or
(c) Extraordinary circumstances exist in which an attorney may
assist the court as an advocate.

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3. A guardian ad litem or an advocate for the best interests of a
protected minor or proposed protected minor who is appointed
pursuant to subsection 1:
(a) Is an officer of the court;
(b) Does not represent the protected minor or proposed protected
minor;
(c) Shall not offer legal advice;
(d) Is not a party to the case;
(e) Shall advocate for the best interests of the protected minor or
proposed protected minor;
(f) Shall provide information to the court in accordance with
applicable court rule; and
(g) Shall serve until relieved of that duty by court order.
4. A guardian ad litem or an advocate for the best interests of a
protected minor or proposed protected minor is entitled to
reasonable compensation from the estate of the protected minor or
proposed protected minor. If the protected minor or proposed
protected minor is indigent, the court may order such compensation
to be paid by the county.
5. If the court finds that a person has unnecessarily or
unreasonably caused the appointment of a guardia n ad litem or an
advocate for the best interests of a protected minor or proposed
protected minor, the court may order the person to pay to the estate
of the protected minor or proposed protected minor all or part of the
expenses associated with the appoin tment of the guardian ad litem
or advocate for the best interests of the protected minor or proposed
protected minor.
Sec. 8. NRS 159A.047 is hereby amended to read as follows:
159A.047 1. Except as otherwise provided in NRS
159A.0475, [159A.049,] 159A.052 and 159A.053, upon the filing of
a petition under NRS 159A.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 protected minor.
2. A citation issued under subsection 1, together with a copy of
the petition filed under NRS 159A.044, must be served upon:
(a) A proposed protected minor who is 14 years of age or older,
regardless of whether the proposed protected minor is considered to
have the capacity to understand or appreciate the contents of the
citation and petition;
(b) All known relatives of the prop osed protected minor who
are:

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(1) Fourteen years of age or older; and
(2) Within the second degree of consanguinity;
(c) The parents and custodian of the proposed protected minor;
(d) Any person [or officer of a care provider ] having the care,
custody or control of the proposed protected minor; and
(e) The proposed guardian, if the petitioner is not the proposed
guardian . [; and
(f) The Director of the Department of Health and Human
Services if the proposed protected minor has received or is receiving
any benefits from Medicaid.]
3. A person who serves notice upon a proposed protected
minor pursuant to paragraph (a) of subsection 2 shall file with the
court an affidavit stating that he or she served notice upon the
proposed protected minor in accordance with the provisions of
NRS 159A.0475.
Sec. 9. NRS 159A.0475 is hereby amended to read as follows:
159A.0475 1. A copy of the citation issued pursuant to NRS
159A.047, together with a copy of the petition filed under NRS
159A.044, must be served [:
(a) Except as otherwise ordered by the court, on a proposed
protected minor who is 14 years of age or older by personal service
in the manner provided pursuant to the Nevada Rules of Civil
Procedure at least 10 days before the date set for the hearing; and
(b) On] on each person required to be served pursuant to NRS
159A.047 [other than a proposed protected minor] by:
[(1)] (a) Certified mail, with a return receipt requested, at
least 20 days before the hearing; or
[(2)] (b) Personal service in the manner provided pursuant to
the Nevada Rules of Civil Procedure at least 10 days before the date
set for the hearing.
2. If none of the persons on whom the citation and petition is to
be served c an, after due diligence, be served by certified mail or
personal service, as applicable, and this fact is proven by affidavit to
the satisfaction of the court, service of the citation [must] may be
made [by publication] in [the] any manner [provided] prescribed by
the Nevada Rules of Civil Procedure . In all such cases, the citation
must be [published] served at least [20] 10 days before the date set
for the hearing.
3. A citation and petition 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 the citation and petition or who makes a general
appearance.
4. The court may find that notice is sufficient if:

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(a) The citation and petition have been served by personal
service o n the proposed protected minor and an affidavit of such
service has been filed with the court pursuant to subsection 3 of
NRS 159A.047;
(b) The citation and petition have been served by certified mail,
with a return receipt requested, or by personal servi ce on the [care
provider or ] guardian required to be served pursuant to NRS
159A.047; and
(c) At least one relative of the proposed protected minor who is
required to be served pursuant to NRS 159A.047 has been served, as
evidenced by the return receipt o r the certificate of service. If the
court finds that at least one relative of the proposed protected minor
has not received notice that is sufficient, the court will require
service of the citation [to be published] pursuant to subsection 2.
Sec. 10. NRS 159A.048 is hereby amended to read as follows:
159A.048 The citation issued pursuant to NRS 159A.047 must
state that:
1. A guardian may be appointed for the proposed protected
minor;
2. The rights of the propos ed protected minor and of any
person having legal or physical custody of the proposed protected
minor may be affected as specified in the petition;
3. The proposed protected minor has the right to appear at the
hearing and to oppose the petition;
4. The proposed protected minor has the right to be represented
by an attorney; and
5. At any time during proceedings on the citation, the court
may appoint for the proposed protected minor:
(a) An attorney [.] pursuant to NRS 159A.045.
(b) A guardian ad litem or an advocate for the best interests of
the proposed protected minor pursuant to NRS 159A.0455 [.] if an
attorney has been appointed pursuant to NRS 159A.045 or for
good cause shown.
Sec. 11. NRS 159A.0483 is hereby amended to read as
follows:
159A.0483 1. A protected minor or proposed protected minor
who is the subject of proceedings held pursuant to this chapter shall
be deemed a party to the proceedings.
2. The protected minor or proposed protected minor may be
represented by an attorney at all stages of the proceedings.
3. If the protected minor or proposed protected minor is
represented by an attorney, the attorney has the same authority and

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rights a s an attorney representing [a] another party to the
proceedings.
Sec. 12. NRS 159A.0486 is hereby amended to read as
follows:
159A.0486 1. A court may find that a petitioner is a
vexatious litigant if a person, other tha n the protected minor [:] or
proposed protected minor:
(a) Files a petition which is without merit or intended to harass
or annoy the guardian [;] or a parent of the protected minor or
proposed protected minor; and
(b) Has previously filed pleadings in a guardianship proceeding
that were without merit or intended to harass or annoy the guardian
[.] or a parent of the protected minor or proposed protected minor.
2. If a court finds a person is a vexatious litigant pursuant to
subsection 1, the court may impose sanctions on the petitioner . [in
an amount sufficient to reimburse the estate of the protected minor
for all or part of the expenses incurred by the estate of the protected
minor to defend the petition, to respond to the petition and for any
other pecuniary losses which are associated with the petition.]
Sec. 13. NRS 159A.052 is hereby amended to read as follows:
159A.052 1. A petitioner may request the court to appoint a
temporary guardian for a proposed protected minor who is in need
of immediate medical attention which he or she cannot obtain
without the appointment of a temporary guardian. To support the
request, the petitioner must set forth in a petition and present to the
court under oath:
(a) Documentation which shows that the proposed protected
minor needs immediate medical attention and, without the
appointment of a temporary guardian, cannot obtain that medical
attention. [Such documentation must include, without limitation, a
copy of the birth certificate of the proposed protected minor or other
documentation verifying the age of the proposed protected minor.]
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons
entitled to notice pursuant to NRS 159A.047 by telephone or in
writing before the filing of the petition;
(2) The proposed protected minor 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 159A.047
before the court determines whether to appoint a temporary
guardian; or
(3) Giving notice to the persons entitled to notice pursuant to
NRS 159A.047 is not feasible under the circumstances.

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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 protected
minor is in need of immediate medical attention which he or she
cannot obtain without the appointment of a temporary guardian; and
(b) [Is] Except as otherwise provided in subsection 3, is
satisfied that the petitioner has tried in good faith to notify the
persons entitled to notice pursuant to NRS 159A.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. The court may require a hearin g on the petition for the
purpose of receiving additional evidence , including, without
limitation, testimony, to determine the need for the appointment of
a temporary guardian pursuant to this section and shall establish
requirements for the provision of notice for any such hearing.
4. Except as otherwise provided in [subsection 4,] subsections
3 and 5, after the appointment of a temporary guardian, the
petitioner shall attempt in good faith to notify the persons entitled to
notice pursuant to NRS 159A.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,]
5. Except as otherwise provided in subsection 3, if, before the
appointment of a temporary guardian, the court was satisfied that
giving notice to the persons entitled to notice pursuant to NRS
159A.047 was not feasible under the circumstances or determined
that such 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 N RS 159A.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.] 6. 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 subsection [7,] 8, if
the court finds by clear and convincing evidence that the protected
minor continues to be in need of immediate medical attention which
he or s he cannot obtain without the extension of the temporary

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guardianship, the court may, pursuant to subsection [8,] 9, extend
the temporary guardianship until a general guardian is appointed.
[6.] 7. If the court appoints a temporary guardian or extends a
temporary guardianship pursuant to this section, the court shall limit
the powers of the temporary guardian to those necessary to respond
to the need for immediate medical attention.
[7.] 8. The court may not extend a temporary guardianship
pursuant to su bsection [5] 6 beyond the initial period of 10 days
unless the petitioner demonstrates that:
(a) The provisions of NRS 159A.0475 have been satisfied; or
(b) Notice [by publication pursuant to ] in any manner
prescribed by the Nevada Rules of Civil Procedure is currently
being undertaken.
[8.] 9. The court may extend the temporary guardianship, for
good cause shown, for not more than two successive 60-day periods.
Sec. 14. NRS 159A.053 is hereby amended to read as follows:
159A.053 1. A petitioner may request that the court appoint a
temporary guardian for the person or the estate, or both, of a
proposed protected minor by filing a verified petition.
2. [The petition ] To support the request, the petitioner must
[state] set forth in the petition and present under oath facts which :
(a) Establish that the proposed protected minor would be
exposed to an immediate risk of physical, emotional, educational
or financial harm if the court did not appoint a temporar y
guardian or otherwise establish good cause for the appointment of a
temporary guardian ; and [which show that:
(a)] (b) Show that:
(1) The petitioner has tried in good faith to notify the persons
entitled to notice pursuant to NRS 159A.047 by telephon e or in
writing before the filing of the petition;
[(b)] (2) The proposed protected minor would be exposed to an
immediate risk of physical, emotional , educational or financial
harm if the petitioner were to provide notice to the persons entitled
to noti ce pursuant to NRS 159A.047 before the court determines
whether to appoint a temporary guardian; or
[(c)] (3) Giving notice to the persons entitled to notice pursuant
to NRS 159A.047 is not feasible under the circumstances.
3. A petition which seeks an ex parte appointment of a
temporary guardian must be accompanied by an affidavit which
explains the emergency that requires a temporary guardian to be
appointed before a hearing.
4. If no parent of the proposed protected minor has had the
care, custody and control of the minor for the 6 months immediately

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preceding the petition, temporary guardianship of the person of the
minor is presumed to be in the best interest of the minor.
5. The court may require a hearing on the petition for the
purpose of rece iving additional evidence, including, without
limitation, testimony, to determine the need for the appointment of
a temporary guardian pursuant to this section and shall establish
requirements for the provision of notice for any such hearing.
6. The court may, upon that petition or other showing as it may
require, appoint a temporary guardian of the person or the estate, or
both, of the proposed protected minor.
[6.] 7. Except as otherwise provided in [subsection 7, ]
subsections 5 and 8, after the appointment of a temporary guardian,
the petitioner shall attempt in good faith to notify the persons
entitled to notice pursuant to NRS 159A.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.
[7. If,]
8. Except as otherwise provided in subsection 5, if, before the
appointment of a temporary guardian, the court was satisfied that
giving notice to the persons entitled to notice pursuant to NRS
159A.047 was not feasible under the circumstances or determined
that such notice was not required pursuant to subparagraph (2) or
(3) of paragraph (b) [or (c) ] of subsection 2, the petitioner shall
notify the persons entitled to notice pursuant to NRS 159A.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.
[8.] 9. Not later than 10 days after the date of an ex parte
appointment of a temporary guardian pursuant to subsection [5,] 6,
the court shall hold a hearing to determine the need to extend the
temporary guardianship. Except as otherwise provided in subsection
[9,] 10, if the court finds by clear and convincing evidence that the
protected minor continues to be in need of a temporary guardian, the
court may, pursuant to subsection [10,] 11, extend the temporary
guardianship until a general guardian is appointed.
[9.] 10. The court may not extend a temporary guardianship
pursuant to subsection [8] 9 beyond the initial period of 10 days
unless the petitioner demonstrates that:
(a) The provisions of NRS 159A.0475 have been satisfied; or

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(b) Notice [by publication pursuant to ] in any manner
prescribed by the Nevada Rules of Civil Procedure is currently
being undertaken.
[10.] 11. The court may extend the temporary guardianship,
for good cause shown, for not more than two successive 60 -day
periods, unless extraordi nary circumstances necessitate a longer
duration for the temporary guardianship.
[11.] 12. If for any reason a guardian who is appointed for a
protected minor cannot perform the duties of a guardian, the court
may, upon a petition filed to request tempor ary guardianship for the
minor, appoint a temporary guardian to exercise the powers of a
guardian until another guardian is appointed for the minor.
Sec. 15. NRS 159A.0535 is hereby amended to read as
follows:
159A.0535 1. [A] Unless waived by the court for good cause
shown, a proposed protected minor who is found in this State must
physically attend the hearing for the appointment of a guardian
[unless:
(a) A certificate signed by a physician or psychiatrist who is
licensed to practice in this State specifically states the condition of
the proposed protected minor, the reasons why the proposed
protected minor is unable to appear in court and whether the
proposed protected minor’s attendance at the hearing would be
detrimental to the physical or mental health of the proposed
protected minor; or
(b) A certificate signed by any other person the court finds
qualified to execute a certificate states the condition of the proposed
protected minor, the reasons why the proposed protected minor is
unable to appear in court and whether the proposed protected
minor’s attendance at the hearing would be detrimental to the
physical or mental health of the proposed protected minor.
2. A proposed protected minor found in this State who cannot
attend the hearing for the appointment of a guardian as set forth in a
certificate pursuant to subsection 1 may ] or appear at the hearing
by telephone or by videoconference or any other means that uses
audio-video communication [.
3. The court ma y prescribe the form in which a certificate
required by this section must be filed. If the certificate consists of
separate parts, each part must be signed by the person who is
required to sign the certificate.
4.] , if so authorized by the court.
2. If the proposed protected minor is not in this State, the
proposed protected minor must attend or appear at the hearing as

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described in subsection 1 only if the court determines that the
attendance of the proposed protected minor is necessary in the
interests of justice.
[5.] 3. As used in this section, “audio -video communication”
means communication by which a person is able to see, hear and
communicate with another person in real time using electronic
means.
Sec. 16. NRS 159A.055 is hereby amended to read as follows:
159A.055 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 [.]
and in the best interests of the proposed protected minor.
2. In determining the best interests of the proposed protected
minor pursuant to subsection 1, the court shall consider:
(a) The wishes of the proposed protected minor;
(b) The extent to which the pa rent poses a safety risk of either
physical or emotional danger to the proposed protected minor;
(c) The nature and quality of the parent-child relationship;
(d) The length of time that the proposed protected minor has
been out of the care, custody and control of either parent;
(e) The ability of the parent to meet the needs of the proposed
protected minor;
(f) The recommendation of the guardian ad litem, if
applicable; and
(g) Any other factor deemed relevant by the court.
3. If [it appears to] the court [that the allegations of the petition
are sufficient and ] finds by clear and convincing evidence that the
appointment of a guardian [should be appointed for ] is necessary
and in the best interests of the proposed protected minor, the court
shall enter an order appointing a guardian. [The]
4. An order appointing a guardian must:
(a) Set forth with specificity the findings of fact upon which
the order is based;
(b) Specify whether the guardian appointed is guardian of the
person, of the estate, or of the person and estate;
[(b)] (c) Specify whether the proposed protected minor is a
resident or nonresident of this State;
[(c)] (d) Specify the amount of the bond to be executed and
filed by the guardian; and
[(d)] (e) Designate the names and addresses, so far as may be
determined, of [:
(1) The] the relatives of the proposed protected minor upon
whom notice must be served pursuant to NRS 159A.047 . [; and

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(2) Any other interested person; and
(e) Specify whether the proposed protected mino r will require a
guardianship after reaching 18 years of age.
3.] 5. A notice of entry of the court order must be sent to [:
(a) The] the relatives of the proposed protected minor upon
whom notice must be served pursuant to NRS 159A.047 . [; and
(b) Any other interested person.]
Sec. 17. NRS 159A.0565 is hereby amended to read as
follows:
159A.0565 [In]
1. Subject to subsection 2, in an order appointing a guardian or
in any order thereafter, the court may award ri ghts of visitation
between a protected minor and his or her parents , [or] relatives who
are within the fourth degree of consanguinity [.] or fictive kin.
2. If an order described in subsection 1 limits the visitation
between the protected minor and a parent, the order must set forth
with specificity findings of fact as to why the limitation is
necessary to protect the physical and emotional well -being of the
child.
3. As used in this section, “fictive kin” means a person who is
not related by blood to a protected minor but who has a significant
emotional and positive relationship with the protected minor.
Sec. 18. NRS 159A.061 is hereby amended to read as follows:
159A.061 1. The parents of a proposed protected minor, or
either parent, [if qualified and ] are presumed suitable [, are
preferred over all others for appointment as guardian ] to care for
[the person or estate or person and estate of ] the proposed protected
minor [. The a ppointment of a parent as guardian for the person or
estate of a proposed protected minor must not conflict with a valid
order for custody of the proposed protected minor. ] and it is
presumed to be in the best interest of the proposed protected minor
to be cared for by a qualified and suitable parent.
2. Except as otherwise provided in subsection [4, if a parent of
a proposed protected minor files a petition seeking appointment as
guardian for the proposed protected minor, the ] 3, a parent is
presumed to be suitable to serve as guardian for the proposed
protected minor [.] unless:
(a) The parent is unable to provide for any or all of the basic
needs of the proposed protected minor, including, without
limitation:
(1) Food;
(2) Shelter;
(3) Clothing;

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(4) Medical care; and
(5) Education;
(b) Because of action or inaction, the parent poses a
significant safety risk of either physical or emotional danger to the
proposed protected minor; or
(c) The proposed protected minor has not been in the care,
custody and control of the parent for the 6 months immediately
preceding the filing of the petition.
3. [In determining whether the parents of a proposed protected
minor, or either ] If a proposed protected minor has been in the
care, custody and control of a person who is not a parent for the 6
months immediately preceding the filing of a petition for the
appointment of a guardian, a parent must prove that the
provisions of paragraph (a) or (b) of subsection 2 do not apply to
the parent.
4. In evaluating a petition for the appointment of a guardian,
the court shall determine the suitability of each parent [, or any
other person who seeks appointment as ] of the proposed protected
minor and the proposed guardian for the proposed protected m inor
[is qualified and suitable, the court shall consider, ] by considering,
if applicable and without limitation:
(a) [Which parent has physical custody of the proposed
protected minor; ] With whom the proposed protected minor lives
and how long the propos ed protected minor has lived with that
person;
(b) The ability of the parents, parent or other person to provide
for the basic needs of the proposed protected minor, including,
without limitation, food, shelter, clothing and medical care, taking
into cons ideration any special needs of the proposed protected
minor;
(c) Whether the parents, parent or other person has engaged in
the habitual use of alcohol or any controlled substance during the
previous 6 months, except the use of cannabis in accordance with
the provisions of chapter 678C of NRS;
(d) Whether the parents, parent or other person has been
convicted of a crime of moral turpitude, a crime involving domestic
violence or a crime involving the abuse, neglect, exploitation,
isolation or abandonment o f a child, his or her spouse, his or her
parent or any other adult;
(e) Whether the parents, parent or other person has been
convicted in this State or any other jurisdiction of a felony; and
(f) Whether the parents, parent or other person has engaged in
one or more acts of domestic violence against the proposed

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protected minor, a parent of the proposed protected minor or any
other person who resides with the proposed protected minor.
[4. A parent of a proposed protected minor is presumed to be
unsuitable to care for the proposed protected minor if:
(a) The parent is unable to provide for any or all of the basic
needs of the proposed protected minor, including, without
limitation:
(1) Food;
(2) Shelter;
(3) Clothing;
(4) Medical care; and
(5) Education;
(b) Because of action or inaction, the parent poses a significant
safety risk of either physical or emotional danger to the proposed
protected minor; or
(c) The proposed protected minor has not been in the care,
custody and control of the parent for the 6 months immediately
preceding the filing of the petition. The presumption created by this
paragraph is a rebuttable presumption.]
5. Subject to the [preference] presumptions set forth in
subsection 1 and except as otherwise provided in subsection [7,] 9,
the court shall appoint as guardian the qualified person who is most
suitable and is willing to serve.
6. Except as otherwise provided in subsection 7, the court
may not app oint a guardian for a proposed protected minor
without the consent of the proposed protected minor if the
proposed protected minor is 14 years of age or older.
7. If the minor will not consent to the appointment of a
guardian and the proposed guardian is otherwise found qualified
and suitable pursuant to this section, the petitioner must show by
clear and convincing evidence that the award of the guardianship
to the person who is the most suitable and willing to serve is
necessary and in the best interest s of the proposed protected
minor.
8. In determining which qualified person is most suitable, the
court shall, in addition to considering any applicable factors set forth
in subsections 2 [, 3] and 4, give consideration, among other factors,
to:
(a) Any nomination of a guardian for the proposed protected
minor contained in a will or other written instrument executed by a
parent of the proposed protected minor.
(b) [Any] Subject to subsections 6 and 7, any request made by
the proposed protected minor . [, if he or she is 14 years of age or

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older, for the appointment of a person as guardian for the proposed
protected minor.]
(c) The relationship by blood or adoption of the proposed
guardian to the proposed protected minor. [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) Parent.
(2) Adult sibling.
(3) Grandparent.
(4) Uncle or aunt.]
(d) Any recommendation made by a master of the court or
special master pursuant to NRS 159A.0615.
(e) Any recommendation made by:
(1) An agency which provides child welfare services, an
agency which provides child protective services or a similar agency;
or
(2) A guardian ad litem or court appointed special advocate
who represents the proposed protected minor.
(f) Any request for the appointment of any other interested
person that the court deems appropriate.
[7.] 9. The court may award temporary guardi anship pursuant
to this section, supported by findings of suitability, pending a trial or
evidentiary hearing if that appointment is supported by findings.
[8.] 10. Notwithstanding the presumption set forth in
subsection [4,] 2, in the event of competing petitions for the
appointment of guardianship of a proposed protected minor, any
finding of unsuitability of a parent of the proposed protected minor
must be found by clear and convincing evidence after a hearing on
the merits or an evidentiary hearing.
[9.] 11. In determining whether to appoint a guardian of the
person or estate of a proposed protected minor and who should be
appointed, the court must always act in the best interests of the
proposed protected minor.
[10.] 12. A court shall not r efuse to appoint a person as a
guardian of the person or estate of a proposed protected minor solely
because the person:
(a) Is deaf, is blind or has another physical disability; or
(b) Is the holder of a valid registry identification card.
[11.] 13. As used in this section:
(a) [“Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
(b)] “Blind” has the meaning ascribed to it in NRS 426.082.

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[(c)] (b) “Holder of a valid registry identification card” means a
person who holds a valid registry identification card as defined in
NRS 678C.080 that identifies the person as:
(1) Exempt from state prosecution for engaging in the
medical use of cannabis; or
(2) A designated primary caregiver as defined in
NRS 678C.040.
Sec. 19. NRS 159A.076 is hereby amended to read as follows:
159A.076 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 guardiansh ip the value of the protected minor’s
property does not exceed $10,000.
2. If the court grants a summary administration, the court may:
(a) Authorize the guardian of the estate who is authorized to
manage the protected minor’s property to convert the pr operty 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 i n NRS 159A.117, and
hold the investment and all interest, issues, dividends and profits for
the benefit of the protected minor. The court may dispense with
annual accountings and all other proceedings required by this
chapter.
(b) Terminate the guardiansh ip of the estate and direct the
guardian to deliver the protected minor’s property to the custodial
parent or parents, guardian or custodian of the protected minor to
hold, invest or use as the court may order.
3. Whether the court grants a summary admin istration 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 protected
minor exceeds $10,000:
(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] shall require the guardian to place the
entire value of the estate in a blocked account, unless the guardian
is a priv ate professional guardian or a public guardian, in which
case the court may require the guardian to post a bond.
5. As used in this section, “blocked account” means a
restricted account that requires a court order before a distribution
or transfer is made from the account.

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Sec. 20. NRS 159A.079 is hereby amended to read as follows:
159A.079 1. Except as otherwise ordered by the court, a
guardian of the person has the care, custody and control of the
person of the protected minor, and has the authority and, subject to
subsection 2, shall perform the duties necessary for the proper care,
maintenance, education and support of the protected minor,
including, without limitation, the following:
(a) Supplying the protect ed minor with food, clothing, shelter
and all incidental necessaries, including locating an appropriate
residence for the protected minor based on the financial situation
and needs of the protected minor, including, without limitation, any
medical needs or needs relating to his or her care.
(b) Taking reasonable care of any clothing, furniture, vehicles
and other personal effects of the protected minor and commencing a
proceeding if any property of the protected minor is in need of
protection.
(c) Authorizing medical, surgical, dental, psychiatric,
psychological, hygienic or other remedial care and treatment for the
protected minor.
(d) Seeing that the protected minor is properly trained and
educated and that the protected minor has the opportunity to lea rn a
trade, occupation or profession.
(e) Facilitating appropriate contact between the protected
minor and each parent of the protected minor if the contact:
(1) Is in the best interest of the protected minor; and
(2) Complies with an order for visitation, if applicable.
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 protected minor. A guardian of the person may
be required to incur expenses on behalf of the protected minor if the
estate of the protected minor is insufficient to reimburse the
guardian.
3. A guardian of the person is the protected minor’s personal
representative for purposes of the Health Insurance Portability and
Accountability Act of 1996, Public Law 104 -191, and any
applicable regulations. The guardian of the person has authority to
obtain information from any government agency, medical provider,
business, creditor or third party who may have information
pertaining to the protected minor’s health care or health insurance.
4. A guardian of the person may, subject to the provisions of
subsection 6 and NRS 159A.0807, establish and change the
residence of the protected minor at any place within this State. The
guardian shall select the least restrictive appropriate residence which

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is available and necessary to meet the needs of the protected minor
and which is financially feasible.
5. A guardian of the person shall petition the court for an order
authorizing the guardian to change the residence of the protected
minor to a location outside of this State. The guardian must show
that changing the residence of the protected minor to a location
outside of this State is in the best interest of the protected minor or
that there is n o appropriate residence available for the protected
minor in this State. The court shall retain jurisdiction over
the guardianship unless the guardian files for termination of the
guardianship pursuant to NRS 159A.1905 or 159A.191 or the
jurisdiction of the guardianship is transferred to the other state. Not
later than 6 months after changing the residence of a protected
minor to a location outside of this State, the guardian shall file a
petition for guardianship in the state of the protected minor’s
residence.
6. A guardian of the person must file a notice with the court of
his or her intent to move a protected minor to or place a protected
minor in a facility that provides residential treatment, including,
without limitation, a secured residential long -term care facility ,
pursuant to subsection 4 of NRS 159A.0807 unless : [the secured
residential long-term care facility is in this State and:]
(a) An emergency condition exists pursuant to subsection 5 of
NRS 159A.0807;
(b) The court has previously granted the guardian authority to
move the protected minor to or place the protected minor in such a
facility based on findings made when the court appointed the
guardian; or
(c) The move or placement is made pursuant to a written
recommendation by a licensed physician, [a physician employed by
the Department of Veterans Affairs, ] a licensed social worker or an
employee of a county or state office for protective services.
7. 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.
Sec. 21. NRS 159A.0807 is hereby amended to read as
follows:
159A.0807 1. Every protected minor has the right, if
possible, to:
(a) Have his or her preferences followed; and
(b) Age in his or her own surroundings or, if not possible, in the
least restrictive environment suitable to his or her unique needs and
abilities.

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2. Except as otherwise provided in subsection 5, a proposed
protected minor must not be moved until a guardian is appointed.
3. Except as otherwise provided in this section and subsections
5 and 6 of NRS 159A.079, the guardian shall notify all interested
persons in accordance with subsection 4 before the protected minor:
(a) Is admitted to a facility that provides residential treatment,
including, without limitation, a secured residential long -term care
facility;
(b) Changes his or her residence, including , without limitation,
to or from one [secured] facility that provides residential [long-term
care facility] treatment to another; or
(c) Will reside at a location other than his or her residence for
more than 3 days.
4. Except as otherwise provided in this section and subsections
5 and 6 of NRS 159A.079, a guardian shall file with the court a
notice of his or her intent to move the protected minor and shall
serve notice upon all interested persons not less than 10 days before
moving the protected minor. If no objection to the move is received
from any interested person within 10 days after receiving the notice,
the guardian may move the protected minor without court
permission.
5. If an emergency condition exists, including, without
limitation, the hea lth or safety of the protected minor is at risk of
imminent harm or the protected minor has been hospitalized and
will be unable to return to his or her residence for a period of more
than 24 hours, the guardian may take any temporary action needed
without the permission of the court and shall file notice with the
court and serve notice upon all interested persons as soon as
practicable after taking such action.
6. Except as otherwise provided in this subsection, any notice
provided to a court, an interes ted person or person of natural
affection pursuant to this section or NRS 159A.0809 must include
the current location of the protected minor. The guardian shall not
provide any contact information to an interested person or person of
natural affection if an order of protection has been issued against the
interested person or person of natural affection on behalf of the
protected minor.
7. A guardian is not required to provide notice to an interested
person or person of natural affection in accordance with this section
or NRS 159A.0809 if:
(a) The interested person or person of natural affection informs
the guardian in writing that the person does not wish to receive such
notice; or

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(b) The protected minor or a court order has expressly
prohibited the gua rdian from providing notice to the interested
person or person of natural affection.
Sec. 22. NRS 159A.0809 is hereby amended to read as
follows:
159A.0809 1. Except as otherwise provided in NRS
159A.0807, a guardian shall immediately notify all interested
persons and persons of natural affection:
(a) If the guardian reasonably believes that the death of the
protected minor is likely to occur within the next 30 days and such
belief is based on information from a psych ologist, physician or
other health care provider of the protected minor or a person
otherwise qualified to provide such a medical opinion, including,
without limitation, a health care provider employed by a hospice or
by a hospital . [of the Department of Veterans Affairs.]
(b) Upon the death of the protected minor.
(c) Upon obtaining any information relating to the burial or
cremation of the protected minor.
2. The guardian shall provide notification pursuant to
paragraph (b) of subsection 1:
(a) In p erson or by telephone to the family members of the
protected minor or, if the protected minor does not have any family
members or does not have a relationship with any family members,
the person of natural affection designated to receive such
notification;
(b) By electronic communication to any family member of the
protected minor or person of natural affection who has opted to
receive notification by electronic communication; and
(c) In writing to all other interested persons and persons of
natural affection not given notice pursuant to paragraph (a) or (b).
Sec. 23. NRS 159A.081 is hereby amended to read as follows:
159A.081 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 protected minor 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;
(b) Within 10 days after changing the residence of a protected
minor; and
(c) At such other times as the court may order.
2. A report filed pursuant to paragraph (b) of subsection 1
must:

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(a) Include a copy of the written recommendation upon which
the transfer was made; and
(b) Be served, without limitation, on the protected minor and
any attorney for the protected minor.
3. The court may prescribe the form and contents for filing a
report described in subsection 1. Such a report must include, without
limitation:
(a) The physical condition of the protected minor;
(b) The place of residence of the protected minor;
(c) The name of all other persons living with the protected
minor unless the protected minor is residing at a secured residential
long-term care fac ility, group home, supportive living facility,
assisted living facility or other facility for long-term care; [and]
(d) The frequency of visitation between the protected minor
and any parent of the protected minor; and
(e) Any other information required by the court.
4. 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.
5. The court is not required to hold a hearing or enter an ord er
regarding the report.
6. As used in this section, “facility for long -term care” has the
meaning ascribed to it in NRS 427A.028.
Sec. 24. NRS 159A.083 is hereby amended to read as follows:
159A.083 1. A guardian of the estate shall:
[1.] (a) Protect, preserve, manage and dispose of the estate of
the protected minor according to law and for the best interests of the
protected minor [.] ;
(b) Responsibly invest the property of the protected minor
pursuant to NRS 159A.117;
(c) File an annual accounting pursuant to NRS 159A.176 to
159A.184, inclusive; and
(d) Take any other action authorized or required by law.
2. [Apply] Upon approval of the court, a guardian of the
estate may:
(a) Expend money from the estate of the protected minor [for
the proper care, maintenance, education and support of the protected
minor having due regard for other income or property available to
support] if it is necessary to meet any extraordinary needs of the
protected minor [.
3. Have such other authority and perform such other duties as
are provided by law .] , considering the routines and needs of the
protected minor before the establishment of the guardianship of

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the estate and the expenditures prescribed in an annual budget
approved by the court pursuant to NRS 159A.0445;
(b) Manage any property right on behalf of the protected
minor;
(c) Establish:
(1) A special needs trust;
(2) A trust for the benefit of the protected minor which is
payable over the lifetime of the minor or over a reasonable shorter
period; and
(3) A structured settlement which is payable over the
lifetime of the protected minor or over a reasonable shorter period
of time; and
(d) Invest money, including, without limitation, with the
assistance of a financial advisor, for the purposes of growing the
estate of the protected minor, as appropriate given the age and
needs of the minor and the size of the estate.
3. As used in this section:
(a) “Estate of the protected minor” does not include any
payment assigned to a guardian for the support of the protected
minor, including, without limitation, child support payments that
are processed pursuant to Part D of Title IV of the Social Security
Act, 42 U.S.C. §§ 651 et seq., and any supplemental security
income benefit.
(b) “Special needs trust” has the meaning ascribed to it in
NRS 163.556.
(c) “Structured settlement” has the meaning ascribed to it in
NRS 42.275.
Sec. 25. NRS 159A.085 is hereby amended to read as follows:
159A.085 1. Not later than 60 days after the date of the
appointment of a 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 th e property
of the protected minor which comes to the possession or knowledge
of the guardian, including, without limitation, the existence of any
trust of which the protected minor is currently a beneficiary who is
receiving or is entitled to receive distributions.
2. A temporary guardian of the estate 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 159A.177.
3. The guardian shall take and subscribe a n oath, which must
be endorsed or attached to the inventory, before any person

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authorized to administer oaths, that the inventory contains a true
statement of:
(a) All of the estate of the protected minor which has come into
the possession of the guardian;
(b) All of the money that belongs to the protected minor; and
(c) All of the just claims of the protected minor against the
guardian.
4. A copy of the inventory filed with the court and a notice of
the filing must be served on the protected minor, hi s or her attorney
and any guardian ad litem representing the protected minor.
5. Whenever any property of the protected minor not
mentioned in the inventory comes to the possession or knowledge of
a guardian of the estate, the guardian shall:
(a) Make a nd 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.
6. The court may order which of the two methods described in
subsection 5 the guardian shall follow.
7. [The court may order all or any part of the property of the
protected minor appraised as provided in NRS 159A.0865 and
159A.305.
8.] 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 is 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.
Sec. 26. NRS 159A.103 is hereby amended to read as follows:
159A.103 A guardian of the estate shall pay from the
guardianship estate [pursuant to NRS 159A.105, 159A.107 and
159A.109] all just claims against the protected minor, the estate or
the guardian as such, [whether accruing before or after the
appointment of the guar dian and whether arising in contract, in tort
or otherwise.] in the same manner as prescribed by chapter 159 of
NRS for the payment of claims by the guardian of the estate of a
protected person.
Sec. 27. NRS 159A.112 is hereby amended to read as follows:
159A.112 1. If a guardian of the estate has not been
appointed, a guardian of the person may:

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(a) Institute proceedings to compel any person under a duty to
support the protected minor or to pay for the welfare of the
protected minor to perform that duty; and
(b) Receive money and tangible property deliverable to the
protected minor . [and apply such money and property for the
support, care and education of the protected minor. The]
2. A guardian shall not use any money from the estate of the
protected minor to cover the cost of any [room] :
(a) Room and board that the guardian or the spouse, parent or
child of the guardian furnishes to the protected minor [unless a
charge for the service is approved by a court order, after notice to at
least one adult relative in the nearest degree of consanguinity to the
protected minor in which there is an adult.] ; or
(b) Any care, maintenance, education or support for the
protected minor, unless approved by the court upon a showing that
the expenditure is necessary to meet an extraordinary need of the
protected minor.
3. The guardian shall exercise care to conserve any [excess]
money [for the needs] of the protected minor.
[2. If a guardian of the estate has been appointed, any money
received by the guardian of the person that is in excess of the money
expended to pay for the support, care and education of the protected
minor must be paid to the guardian of the estate for management of
the estate. The guardian of the person shall account to the guardian
of the estate for any money expended.
3. A guardian of the person of a protected minor for whom a
guardian of the estate also has been appointed may receive
reasonable sums for any room and board f urnished to the protected
minor if the guardian of the person presents a claim to the guardian
of the estate pursuant to NRS 159A.107 and 159A.109.
4. A guardian of the person may request the guardian of the
estate to make a payment from the estate of th e protected minor to
another person or entity for the care and maintenance of the
protected minor in accordance with NRS 159A.107 and 159A.109.]
Sec. 28. NRS 159A.113 is hereby amended to read as follows:
159A.113 1. Before taking any of the following actions, the
guardian of the estate shall petition the court for an order
authorizing the guardian to:
(a) Invest the property of the protected minor pursuant to
NRS 159A.117.
(b) [Borrow money for the protected minor pursuant to
NRS 159A.121.

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(c) Except as otherwise provided in NRS 159A.079, enter into
contracts for the protected minor or complete the performance of
contracts of the protected minor pursuant to NRS 159A.123.
(d) Make gifts from the protected minor’s estate pursuant to
NRS 159A.125.
(e)] Sell, lease or place in trust any property of the protected
minor pursuant to NRS 159A.127.
[(f)] (c) Exchange or partition the protected minor’s property
pursuant to NRS 159A.175.
[(g)] (d) Exercise or release the power of the protected minor as
a donee of a power of appointment.
[(h)] (e) Exercise the right of the protected minor to take under
or against a will.
[(i)] (f) Transfer to a trust created by the protected minor any
property unintentionally omitted from the trust.
[(j)] (g) Submit a revocable trust or an irrevocable trust to the
jurisdiction of the court if:
(1) The protected minor is the grantor and sole beneficiary of
the income of the trust; or
(2) The trust was created by the court.
[(k)] (h) Pay any claim by the Department of Health and
Human Services to recover benefits for Medicaid correctly paid to
or on behalf of the protected minor.
[(l)] (i) Transfer money in a protected minor’s blocked account
to the Nevada Higher Education Prepaid Tuit ion Trust Fund created
pursuant to NRS 353B.140.
2. Before taking any of the following actions, unless the
guardian has been otherwise ordered by the court to petition the
court for permission to take specified actions or make specified
decisions in addition to those described in subsection 1, the guardian
may petition the court for an order authorizing the guardian to:
(a) Obtain advice, instructions and approval of any other
proposed act of the guardian relating to the protected minor’s
property.
(b) Take any other action which the guardian deems would be in
the best interests of the protected minor.
3. The petition must be signed by the guardian and contain:
(a) The name, age, residence and address of the protected minor.
(b) A concise statement as to the condition of the protected
minor’s estate.
(c) A concise statement as to the advantage to the protected
minor of or the necessity for the proposed action.

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(d) The terms and conditions of any proposed sale, lease,
partition, trust, exchange or investment, and a specific description of
any property involved.
4. 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.
[5. A petition filed pursuant to paragraph (c) 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 ent er
contracts for the protected minor or complete contracts of the
protected minor.]
Sec. 29. NRS 159A.117 is hereby amended to read as follows:
159A.117 1. Upon approval of the court by order, a guardian
of the estate may:
(a) Invest the property of the protected minor, make loans and
accept security therefor, in the manner and to the extent authorized
by the court.
(b) Exercise options of the protected minor 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 protected minor in
the following:
(a) Savings accounts in any bank, credit union, savings and loan
association or savings bank in this State, to th e 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 672.755.
(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 obligati ons 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 protected persons
may invest the property of two or more of the protected persons in
property in which each protected person whose property is so
invested has an undivided interest. The guardian shall keep a

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separate record showing the interest of each protected person in the
investment and in the income, profits or proceeds therefrom.
4.] A guardian of the estate may access or manage a
guardianship account via the Internet on a secured website
established by the bank, credit union or broker holding the account.
Sec. 30. NRS 159A.127 is hereby amended to read as follows:
159A.127 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 protected minor:
1. For the purpose of paying claims against the protected minor
[,] or 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 protected minor.
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
protected minor.
Sec. 31. NRS 159A.183 is hereby amended to read as follows:
159A.183 [1.] Subject to the discretion and approval of the
court , [and except as otherwise provided in subsection 5, ] a
guardian must be allowed:
[(a) Reasonable]
1. If the guardian is a private professional guardian of the
estate, reasonable compensation for the guardian’s services; and
[(b) Necessary and reasonable expenses]
2. Reimbursement for:
(a) 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 protected minor. In evaluating the ability

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of a protected minor to pay such compensation and expenses, the
court may consider:
(a) The nature, extent and liquidity of the protected minor’s
assets;
(b) The disposable net income of the protected minor;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the duties of the
guardian pursuant to NRS 159A.079 or 159A.083.
4. Any compensation or expenses, including, without
limitation, attorney’s fees, must not be paid from the estate of the
protected minor unless and until the payment of such fees is
approved by the court pursuant to this section or NRS 159A.344, as
applicable.
5. A guardian is not allowed compensation or expenses,
including, without limitation, attorney’s fees, for services incurred
by the guardian as a result of a petition to have him or her removed
as guardian if the court removes the guardian.]
(b) Other actual costs of preserving and growing the estate if
the expenses are necessary to meet an extraordinary need of the
protected minor.
Sec. 32. NRS 159A.1852 is hereby amended to read as
follows:
159A.1852 A guardian who, after appointment:
1. Is convicted of a gross misdemeanor or felony in any state;
2. Files for or receives protection as an individual or as a
principal of any entity under the federal bankruptcy laws [;] , if
appointed guar dian of the estate or guardian of the person and
estate;
3. [Has a driver’s license suspended, revoked or cancelled for
nonpayment of child support;
4.] Is suspended for misconduct or disbarred from [:
(a) The practice of law;
(b) The practice of accounting; or
(c) Any other profession] any professional practice which [:
(1) Involves or ] may involve the management or sale of
money, investments, securities or real property [; or
(2) Requires licensure in this State or any other state; or
5. Has a judgment entered against him or her for
misappropriation of funds or assets from any person or entity in any
state,] , if appointed guardian of the estate or guardian of the
person and estate; or
4. Is being investigated for child abuse or neglect by a n
agency which provides child welfare services,

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 shall immediately inform the court of the circumstances of those
events. The court may remove the guardian and appoint a successor
guardian, unless the court finds that it is in the best interest of the
protected minor to allow the guardian to continue in his or her
appointment.
Sec. 33. NRS 159A.1853 is hereby amended to read as
follows:
159A.1853 1. The following persons may petition the court
to have a guardian removed:
(a) The protected minor;
(b) Any relative who is within the second degree of
consanguinity to the protected minor;
(c) [A public guardian; or] Any attorney of the protected minor;
(d) An agency which provides child welfare services; 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
protected minor, the court may [:
(a) Disallow the petitioner from petitioning the court for
attorney’s fees from the estate of the protected minor; and
(b) Impose] impose sanctions on the petitioner . [in an amount
sufficient to reimburse the estate of the protected minor for all or
part of the expenses incurred by the estate of the protected minor in
responding to the petition and for any other pecuniary losses which
are associated with the petition.]
Sec. 34. NRS 159A.187 is hereby amended to read as follows:
159A.187 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 p rovided
by law for an original appointment of a guardian.
2. If a guardian of the person is appointed for a protected minor
pursuant to this section, the protected minor must be served with the
petition. If the protected minor does not object to the appo intment,
the protected minor is not required to attend the hearing.

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3. If a guardian dies or is removed by order of the court and
there is not a legally qualified guardian or temporary substitute
guardian who is willing to serve, the court shall notify a n agency
which provides child welfare services concerning the matter.
Sec. 35. NRS 159A.1905 is hereby amended to read as
follows:
159A.1905 1. A protected minor, 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 protected minor.
(c) The name, age and address of the protected minor, if t he
protected minor is not the petitioner, or the date of death of the
protected minor if the protected minor 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 protected minor and the proposed disposition of th at
property.
2. Upon the filing of the petition, the court shall appoint an
attorney to represent the protected minor if [:
(a) The protected minor is unable to retain an attorney; or
(b) The] the court determines that the appointment is necessary
to protect the interests of the protected minor.
3. [The] Except as otherwise provided in NRS 159A.1915, 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, o f the estate, or of the person and estate is in the best
interests of the protected minor.
4. The court shall issue a citation requiring all interested
persons to appear and show cause why termination or modification
of the guardianship should not be gra nted. The court shall serve the
citation on the guardian and the petitioner. The petitioner shall serve
the citation on all interested persons.
5. If the court finds that the petitioner did not file a petition for
termination or modification in good fait h or in furtherance of the
best interests of the protected minor, the court may [:
(a) Disallow the petitioner from petitioning the court for
attorney’s fees from the estate of the protected minor; and

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(b) Impose] impose sanctions on the petitioner in an amount
sufficient to reimburse the estate of the protected minor for all or
part of the expenses and for any other pecuniary losses which are
incurred by the estate of the protected minor and associated with the
petition.
Sec. 36. NRS 159A.191 is hereby amended to read as follows:
159A.191 1. A guardianship of the person, of the estate, or of
the person and estate is terminated:
(a) By the death of the protected minor;
(b) Upon the protected minor’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;
(d) On the date on which the protected minor reaches 18 years
of age; or
(e) On the date on which the protected minor graduates from
high school or becomes 19 years of age, whichever occurs sooner,
if:
(1) The protected minor will be older than 18 years of age
upon graduation from high school; and
(2) The protected minor 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 protected minor will become 18
years of age.
2. A guardianship of the estate is terminated:
(a) If the court removes the guardian or accepts the resignation
of the guardian and does not appoint a successor guardian;
(b) If the court determines that the guardianship is not necessary
and orders the guardianship terminated; or
(c) By the death of the protected minor, subject to the provisions
of NRS 159A.193.
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.
4. The guardian shall notify the court, all interested parties, the
trustee, and the named executor or appointed personal representative
of the estate of the protected minor of the death of the protected
minor within 30 days after the death.
5. Immediately upon the death or emancipation of the protected
minor:
(a) The guardian of the estate shall have no authority to act for
the protected minor except to wind up the affairs of the guardianship

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pursuant to NRS 159A.193 ; [, and to distribute the property of the
protected minor as provided in NRS 159A.195 and 159A.197;] and
(b) No person has standing to file a petition pursuant to
NRS 159A.078.
6. A hearing may be held not later than 90 days before a
protected minor reaches the age of majority to determine whether:
(a) Guardianship is needed beyond the age of majority;
(b) The protected minor desires an additional year of
guardianship beyond the age of majority; and
(c) The guardian should be notified of any requirements of the
guardianship which require compliance bef ore termination of the
guardianship.
7. If, at a hearing conducted pursuant to subsection 6, a court
makes a determination that, upon reaching the age of majority, a
protected minor would be deemed incapacitated, as defined in NRS
159.019, a petition may be filed in accordance with the provisions of
chapter 159 of NRS to seek guardianship for the protected minor
pursuant to that chapter to take effect when the protected minor
reaches the age of majority. The protected minor has the right to be
represented by counsel if guardianship is sought pursuant to this
subsection.
Sec. 37. NRS 159A.1915 is hereby amended to read as
follows:
159A.1915 1. If, before a protected minor is emancipated, a
parent of the protected minor petitions the court for the termination
of a guardianship of the protected minor, the [parent has the burden
of proof to show by clear and convincing evidence that:] court shall
consider whether:
(a) There has been a material change of circumstances since the
time the guardianship was created [. The parent must show that, as
part of the change of circumstances, the] ;
(b) The parent has been restored to suitability as described in
NRS 159A.061 [.
(b) Except as otherwise provided in subsection 2, the welfa re of
the protected minor would be substantially enhanced by the] ; and
(c) The termination of the guardianship [and the placement of ]
is in the best interests of the protected minor . [with the parent.]
2. [If the parent consented to the guardianship when it was
created, the parent is required to make only that showing set forth in
paragraph (a) of subsection 1. ] In determining the best interest s of
the protected minor, the court shall consider:
(a) Whether the parent has abandoned or persistently
neglected the protected minor;

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- 83rd Session (2025)
(b) Whether the parent has demonstrated continued neglect or
abdication of parental responsibilities;
(c) The likelihood of physical or emotional harm to the
protected minor if the protected minor is placed in the custody of
the parent;
(d) The level and nature of parental involvement since the
appointment of the guardian;
(e) The quality of commitment demonstrated by the parent to
raising the protected minor;
(f) The likelihood that the parent could provide stability and
security for the protected minor;
(g) The age of the protected minor during the guardianship;
(h) The length of time that the protected minor has been in the
care of the person appointed as guardian, including any time
before the appointment;
(i) Whether the protected minor and the guardian have a
bonded relationship such that significant emotional harm to the
protected minor would result from the termination of the
guardianship;
(j) The impact that terminating the guardiansh ip would have
on the right of the protected minor to education, including,
without limitation, receiving special education;
(k) The wishes of the protected minor relating to the
termination of the guardianship, including, without limitation, any
request for a graduated visitation schedule or therapeutic
reunification; and
(l) Any other circumstance that would substantially and
adversely impact the welfare of the protected minor.
Sec. 38. NRS 159A.315 is hereby amended to read as follows:
159A.315 1. If the court finds, after examination of a person
cited pursuant to NRS 159A.305, that the person has committed an
act:
(a) Set forth in paragraph (a) of subsection 1 of NRS 159A.305,
the court may order the person to retur n 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 159A.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
159A.305 in contempt of court and deal with the person accordingly
if the person:

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(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 protected minor or the estate of
the protected minor 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 159A.305
appears and, upon consideration of the petition, the court finds that
the person is not liable or responsible to the proposed protected
minor or the estate of the protected minor, the court may order [:
(a) The proposed protected minor or the estate of the protected
minor 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 t o pay the
attorney’s fees and costs of the respondent.
Sec. 39. NRS 159A.344 is hereby amended to read as follows:
159A.344 1. Any person, including, without limitation, a
guardian or proposed guardian, who retains an at torney for the
purposes of representing a party in a guardianship proceeding is
personally liable for any attorney’s fees and costs incurred as a
result of such representation.
2. Notwithstanding the provisions of subsection 1 , [and except
as otherwise provided in subsection 5 of NRS 159A.183, ] a person
who is personally liable for attorney’s fees and costs may petition
the court for an order authorizing such attorney’s fees and costs to
be paid from the estate of the protected minor in accordance with
this section. Any such attorney’s fees and costs must not be paid
from the guardianship estate unless and until the court authorizes the
payment pursuant to this section.
3. When a person who intends to petition the court for payment
of attorney’s fees an d costs from the guardianship estate first
appears in the guardianship proceeding, the person must file written
notice of his or her intent to seek payment of attorney’s fees and
costs from the guardianship estate. The written notice:
(a) Must provide a g eneral explanation of the compensation
arrangement and how compensation will be computed;
(b) Must include the hourly billing rates of all timekeepers,
including, without limitation, attorneys, law clerks and paralegals;

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(c) Must provide a general explan ation of the reasons why the
services of the attorney are necessary to further the best interests of
the protected minor;
(d) Must be served by the person on all persons entitled to notice
pursuant to NRS 159A.034 and 159A.047; and
(e) Is subject to approval by the court after a hearing.
4. If written notice was filed and approved by the court
pursuant to subsection 3, a person may file with the court a petition
requesting payment of attorney’s fees and costs from the
guardianship estate. Such a petitio n must include the following
information:
(a) A detailed statement as to the nature and extent of the
services performed by the attorney;
(b) An itemization of each task performed by the attorney, with
reference to the time spent on each task in an incre ment to the
nearest one -tenth of an hour and with no minimum billing unit in
excess of one-tenth of an hour;
(c) An indication of whether any time billed, including, without
limitation, any time spent traveling or waiting, benefited any clients
of the attorney other than the protected minor and, if so, how many
other clients benefited from such time; and
(d) Any other information considered relevant to a
determination of whether attorney’s fees are just, reasonable and
necessary.
 Absent approval from al l parties who have appeared in the
proceeding, any supplemental requests for the payment of attorney’s
fees and costs cannot be augmented in open court and must be
properly noticed in the same manner as the underlying petition
requesting payment.
5. In determining whether attorney’s fees are just, reasonable
and necessary, the court may consider all the following factors:
(a) The written notice approved by the court pursuant to
subsection 3.
(b) Whether the services conferred any actual benefit upon the
protected minor or attempted to advance the best interests of the
protected minor.
(c) The qualities of the attorney, including, without limitation,
his or her ability, training, education, experience, professional
standing and skill.
(d) The character of the work performed, including, without
limitation, the difficulty, intricacy and importance of the work, the
time and skill required to complete the work, the responsibility
imposed and the nature of the proceedings.

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- 83rd Session (2025)
(e) The work actually performed by the attorney, including,
without limitation, the skill, time and attention given to the work.
(f) The result of the work, including, without limitation, whether
the attorney was successful and any benefits that were derived.
(g) The usual and customary fees charged in the relevant
professional communities for each task performed, regardless of
who actually performed the task. The court may only award:
(1) Compensation at an attorney rate for time spent
performing services that require an attorney;
(2) Compensation at a paralegal rate for time spent
performing paralegal services;
(3) Compensation at a fiduciary rate for time spent
performing fiduciary services; and
(4) No compensation for time spent performing secretarial or
clerical services.
(h) The appropriate apportionment among multiple clients of
any billed time that benefited multiple clients of the attorney.
(i) The extent to which the services were provided in a
reasonable, efficient and cost -effective manner, including, without
limitation, whether there was appropriate and prudent delegation of
services to others.
(j) The ability of the estate of the protected minor to pay,
including, without limitation:
(1) The value of the estate;
(2) The nature, extent and liquidity of the assets of the estate;
(3) The disposable net income of the estate;
(4) The anticipated future needs of the protected minor; and
(5) Any other foreseeable expenses.
(k) The efforts made by the person and attorney to reduce and
minimize any issues.
(l) Any actions by the person or attorney that unnecessarily
expanded issues or delayed or hindered the efficient administration
of the estate.
(m) Whether any actions taken by the person or attorney were
taken for the purpose of advancing or protecting the int erests of the
person as opposed to the interests of the protected minor.
(n) Any other factor that is relevant in determining whether
attorney’s fees are just, reasonable and necessary, including, without
limitation, any other factor that is relevant in d etermining whether
the person was acting in good faith and was actually pursuing the
best interests of the protected minor.
6. The court shall not approve compensation for an attorney
for:

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- 83rd Session (2025)
(a) Time spent on internal business activities of the attorney,
including, without limitation, clerical or secretarial support; or
(b) Time reported as a total amount of time spent on multiple
tasks, rather than an itemization of the time spent on each task.
7. Any fees paid by a third party, including, without limi tation,
a trust of which the estate is a beneficiary, must be disclosed to and
approved by the court.
8. In addition to any payment provided to a person pursuant to
this section for the services of an attorney, a person may receive
payment for ordinary costs and expenses incurred in the scope of the
attorney’s representation.
9. If two or more parties in a guardianship proceeding file
competing petitions for the appointment of a guardian or otherwise
litigate any contested issue in the guardianship proceeding, only the
prevailing party may petition the court for payment of attorney’s
fees and costs from the guardianship estate pursuant to this section.
If the court determines that there is no prevailing party, the court
may authorize a portion of each party’s attorney’s fees and costs to
be paid from the guardianship estate if the court determines that
such fees and costs are just, reasonable and necessary given the
nature of any issues in dispute.
10. If an attorney is appointed by the court in a guardianship
proceeding, he or she may petition the court for compensation for
his or her services from the gua rdianship estate in accordance with
the procedure set forth in this section.
Sec. 40. NRS 159A.346 is hereby amended to read as follows:
159A.346 1. If a guardian violates any right of a protected
minor that is set forth in this chapter, a court may take any
appropriate action, including, without limitation:
(a) Issuing an order that certain actions be taken or discontinued;
(b) [Disallowing any fees payable to the guardian;
(c)] After notice and a hearing, issuing an order compensating a
protected minor or the estate of a protected minor for any injury,
death or loss of money or property caused by the actions of the
guardian or the failure of the guardian to take appropriate action;
[(d)] (c) Removing the guardian pursuant to NRS 159A.185; or
[(e)] (d) Taking any other action that is proper under the
circumstances.
2. If any action by a guardian is deemed to be deliberately
harmful or fraudulent or to have been committed with malice, the
court may also impose:
(a) Twice the actual damages incurred by the protected minor;
and

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(b) Attorney’s fees and costs.
Sec. 41. (Deleted by amendment.)
Sec. 42. NRS 159A.014, 159A.0345, 159A.049 and
159A.0755 are hereby repealed.

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