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- 83rd Session (2025)
Assembly Bill No. 460–Assemblymember González
Joint Sponsor: Senator Doñate
CHAPTER..........
AN ACT relating to child welfare; establishing a form by which a
parent or guardian may request to nominate a guardian of a
minor; authorizing the filing of such a form in the Nevada
Lockbox; removing the authority of the Secretary of State to
charge and collect a fee for filing a form in the Nevada
Lockbox; creating a presumption that temporary guardianship
is in the best interest of a minor in certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes any person requesting to nominate another person to be
appointed as his or her guardian to complete a form requesting to nominate a
guardian. (NRS 159.0753) Existing law also authorizes the Secretary of State to
establish and maintain the Nevada Lockbox, which is an electronic registry where a
person may register a form re questing to nominate a guardian, among other
documents. (NRS 225.360) Section 1 of this bill authorizes a parent or guardian of
a minor who wishes to request to nominate another person to be appointed as the
guardian for the minor to complete a form reques ting to nominate a guardian of the
minor. Section 1 clarifies that a person nominated to be a guardian of a minor is
required to obtain appointment from a court before exercising the power of a
guardian. Section 3 of this bill requires a court to consider a form requesting to
nominate a guardian of a minor in determining which person is most suitable to be
the guardian for the minor. Section 4 of this bill includes a form requesting to
nominate a guardian of a minor in the list of documents that may be subm itted for
inclusion in the Nevada Lockbox. Sections 4.5 and 5.5 of this bill remove the
authority of the Secretary of State to charge and collect a fee for the registration of
a will or other document in the Nevada Lockbox. Section 5 of this bill authorize s
the Secretary of State to provide access to the lockbox when required by a court,
hospital, law enforcement agency or other entity that needs to determine whether a
person has designated a guardian for a minor. Section 7 of this bill makes a
conforming c hange to indicate the proper placement of section 1 in the Nevada
Revised Statutes.
Existing law establishes a procedure by which a petitioner may request the
appointment of a temporary guardian for the person or estate, or both, of a proposed
protected minor in circumstances where it is not feasible or would be harmful to
notify the persons and entities who are normally entitled to notice of a guardianship
hearing. Existing law presumes that temporary guardianship is in the best interest of
the minor if n o parent has had the care, custody and control of the minor for the
immediately preceding 6 months. (NRS 159A.053) Section 2 of this bill creates an
additional presumption that a temporary guardianship is in the best interest of the
proposed protected mino r during a period of time in which no parent has the care,
custody and control of the minor due to one or both parents being separated from
the minor due to a federal immigration order.
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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:
1. Any parent or guardian of a minor who wishes to request
to nominate another person to be appointed as the guardian for
the minor may do so by completing a form requesting to nominate
a guardian of a minor in accordance with this section.
2. A form requesting to nominate a guardian of a minor
pursuant to this section must be:
(a) Signed by the parent or guar dian who is executing the
form;
(b) Signed by two impartial adult witnesses who have no
interest, financial or otherwise, in the estate of the minor or the
parent or guardian of the minor and who attest that the parent or
guardian has the mental capacity to understand and execute the
form; and
(c) Notarized.
3. A nomination of a guardian of a minor made pursuant to
this section may be in substantially the following form, and must
be witnessed and executed in the same manner as the following
form:
REQUEST TO NOMINATE GUARDIAN OF A MINOR
I, .................... (insert your name), residing at
................... (insert your address), am executing this
notarized document as my written declaration and request
for the person(s) designated below to be app ointed as
guardian for my child should it become necessary. I am
advising the court and all persons and entities as follows:
1. As of the date I am executing this request to
nominate a guardian for my child, I have the mental
capacity to understand and execute this request.
2. This request pertains to a (circle one): (guardian of
the minor)/(guardian of the estate of the minor)/(guardian
of the minor and estate).
3. Should the need arise, I request that the court give
my preference to the person(s) designated below to serve as
the appointed guardian for my child.
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4. I request that my .................... (insert relation),
.................... (insert name), serve as appointed guardian of
my child.
5. If .................... (insert name) is unab le or unwilling
to serve as my appointed guardian, then I request that my
.................... (insert relation), .................... (insert name),
serve as appointed guardian of my child.
6. I do not, under any circumstances, desire to have
any private, for-profit guardian serve as appointed guardian
of my child.
(YOU MUST DATE AND SIGN THIS DOCUMENT)
I sign my name to this document on ................. (date)
..........................................................................................
(Signature)
(YOU MUST HAVE TWO QUALIFIED
ADULT WITNESSES DATE AND
SIGN THIS DOCUMENT)
I declare under penalty of perjury that the principal is
personally known to me, that the principal signed this
request to nominate a guardian of a minor in my presence,
that the principal appears to be of sound mind, has the
mental capacity to understand and execute this document
and is under no duress, fraud or undue influence, and that I
have no interest, financial or otherwise, in the estate of the
principal or minor.
......................................................................
(Signature of first witness)
......................................................................
(Print name)
......................................................................
(Date)
......................................................................
(Signature of second witness)
......................................................................
(Print name)
......................................................................
(Date)
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CERTIFICATE OF ACKNOWLEDGMENT
OF NOTARY PUBLIC
State of Nevada }
}
County of ....................................... }
On this . ......... day of . .............., in the year ......., before
me, .................... (insert name of notary public) , personally
appeared . ................... (insert name of principal),
.................... (insert name of first witness) and . ...................
(insert name of second witness), personally known to me (or
proved to me on the basis of satisfactory eviden ce) to be the
persons whose names are subscribed to this instrument, and
acknowledged that they have signed this instrument.
......................................................................
(Signature of notarial officer)
(Seal, if any)
4. The Secretary of State shall make the form established in
subsection 3 available on the Internet website of the Secretary of
State.
5. The person nominated for appointment as the guardian of
a minor pursuant to this section must file a petition and obtain an
appointment from the court before exercising the powers of a
guardian.
6. The Secretary of State may adopt any regulations
necessary to carry out the provisions of this section.
Sec. 2. NRS 159A.053 is hereby amended to read as follows:
159A.053 1. A petitioner may request that the court appoint a
temporary guardi an for the person or the estate, or both, of a
proposed protected minor by filing a verified petition.
2. The petition must state facts which establish good cause for
the appointment of a temporary guardian and which show that:
(a) The petitioner has tr ied 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;
(b) The proposed protected minor would be exposed to an
immediate risk of physical, emotional or financial ha rm 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
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(c) 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
preceding the petition , temporary] Temporary guardianship of the
person of [the] a proposed protected minor is presumed to be in the
best interest of the minor [.] :
(a) If no parent of the minor has had the care, custody and
control of the minor for the 6 months immediately preceding the
petition; or
(b) During a period of time in which no parent has the care,
custody and control of the minor because one or both parents are
separated from the minor due to a federal immigration order.
5. 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. Except as otherwise provided in subsection 7, 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 limita tion, 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, before the appointment of a temporary guardian, the court
was satisfied that givi ng 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
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 n otice pursuant to that section. If the petitioner fails to provide
such notice, the court may terminate the temporary guardianship.
8. Not later than 10 days after the date of an ex parte
appointment of a temporary guardian pursuant to subsection 5, the
court shall hold a hearing to determine the need to extend the
temporary guardianship. Except as otherwise provided in subsection
9, if the court finds by clear and convincing evidence that the
protected minor continues to be in need of a temporary guardian, the
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court may, pursuant to subsection 10, extend the temporary
guardianship until a general guardian is appointed.
9. The court may not extend a temporary guardianship pursuant
to subsection 8 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 the Nevada Rules of Civil
Procedure is currently being undertaken.
10. The court may extend the temporary guardianship, for good
cause shown, for not more than two successive 60 -day periods,
unless extraordinary circumstances necessitate a longer duration for
the temporary guardianship.
11. 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 temporary guardianship for the
minor, appoint a temporary guardian to exercise the powers of a
guardian until another guardian is appointed for the minor.
Sec. 3. 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 suitable, are preferred over all others
for appointment as guardian for the person or estate or person and
estate of the proposed protected minor. The appointment 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.
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 parent is presumed to
be suitable to serve as guardian for the proposed protected minor.
3. In determining whether the parents of a proposed protect ed
minor, or either parent, or any other person who seeks appointment
as guardian for the proposed protected minor is qualified and
suitable, the court shall consider, if applicable and without
limitation:
(a) Which parent has physical custody of the prop osed protected
minor;
(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 consideration 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
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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 of 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 d omestic violence against the proposed
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 imm ediately
preceding the filing of the petition. The presumption created by this
paragraph is a rebuttable presumption.
5. Subject to the preference set forth in subsection 1 and except
as otherwise provided in subsection 7, the court shall appoint as
guardian the qualified person who is most suitable and is willing to
serve.
6. 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 , a form requesting to nominate a
guardian of a minor that is executed in accordance with section 1
of this act or other written instrument exe cuted by a parent of the
proposed protected minor.
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(b) Any request made by the proposed protected minor, if he or
she is 14 years of age or older, for the appointment of a person as
guardian for the proposed protected minor.
(c) The relationship by bloo d 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 a ny other interested
person that the court deems appropriate.
7. The court may award temporary guardianship pursuant to
this section, supported by findings of suitability, pending a trial or
evidentiary hearing if that appointment is supported by findings.
8. Notwithstanding the presumption set forth in subsection 4,
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. 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. A court shall not refuse 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. As used in this section:
(a) “Agency which provides child welfare services” has the
meaning ascribed to it in NRS 432B.030.
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(b) “Blind” has the meaning ascribed to it in NRS 426.082.
(c) “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. 4. NRS 225.330 is hereby amended to read as follows:
225.330 “Other document” means a document registered with
the Secretary of State pursuant to NRS 225.370 and may include,
without limitation, a passport, a birth certificate, a marriage license,
a form requesting to nominate a guardian that is executed in
accordance with NRS 159.0753 , a form requesting to nominate a
guardian of a minor that is executed in accordance with section 1
of this act or a power of attorney for health care that is properly
executed pursuant to NRS 162A.790.
Sec. 4.5. NRS 225.370 is hereby amended to read as follows:
225.370 If the Nevada Lockbox is established pursuant to
NRS 225.360:
1. A person who wishes to establish a lockbox and thereby
register a will or other document in the Nevada Lockbox must
submit to the Secretary of State:
(a) An application in the form prescribed by the Secretary of
State; and
(b) A copy of the will or other document to be registered . [; and
(c) The fee, if any, established by the Secretary of State pursuant
to subsection 1 of NRS 225.410.]
2. If the person satisfies the requirements of subsection 1, the
Secretary of State shall:
(a) Make an electronic reproduction o f the will or other
document and post it within the registrant’s lockbox;
(b) Assign to the registrant a registration number and access
code for the lockbox; and
(c) Provide to the registrant a registration card that includes,
without limitation:
(1) The name of the registrant;
(2) The registration number assigned to the registrant
pursuant to paragraph (b); and
(3) The access code assigned to the registrant pursuant to
paragraph (b).
3. The Secretary of State shall establish procedures for, without
limitation:
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(a) The registration of a will or other document which replaces a
will or other document that has been registered previously and
posted within the Nevada Lockbox;
(b) The removal from the Nevada Lockbox of a will or other
document that has been revoked at the request of the registrant; and
(c) The issuance of a duplicate registration card or the provision
of other access by a registrant to his or her registration number and
access code if a registration card issued pursuant to this sect ion is
lost, stolen, mutilated, destroyed or otherwise unavailable.
Sec. 5. NRS 225.380 is hereby amended to read as follows:
225.380 If the Nevada Lockbox is established pursuant to
NRS 225.360:
1. Except as otherwise provided in this section, the Secretary of
State shall not provide access to the lockbox of a registrant unless:
(a) The person requesting access provides the registration
number and access code of the registrant;
(b) The Secretary of State determines that providing access to
the lockbox is in the best interest of the registrant;
(c) Access to the lockbox is required pursuant to the lawful
order of a court of competent jurisdiction;
(d) Access to the lockbox is requested by the registrant or his or
her personal representative; or
(e) Access to the lockbox is requested by a court, hospital, law
enforcement agency or other entity that needs to determine whether
a person has designated a guardian [.] for himself or herself or a
minor. Except as otherwise provided in subsection 2, the S ecretary
of State shall ensure that a person who needs access to the lockbox
pursuant to this paragraph does not have access to any document
contained in the lockbox other than a form requesting to nominate a
guardian that is executed in accordance with NR S 159.0753 [.] or a
form requesting to nominate a guardian of a minor that is
executed in accordance with section 1 of this act.
2. A court that requests access to the lockbox pursuant to
paragraph (e) of subsection 1 may access any other document
contained in the lockbox as is necessary to determine whether a
person has made more than one designation of a guardian.
3. A registrant or his or her personal representative may access
the lockbox of the registrant for any purpose.
Sec. 5.5. NRS 225.410 is hereby amended to read as follows:
225.410 [1. If the Nevada Lockbox is established pursuant to
NRS 225.360, the Secretary of State may charge and collect fees for
the registration of a will or other document pursuant to
NRS 225.370.
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2.] The Secretar y of State may accept gifts, grants, bequests
and other contributions from any source for the purpose of carrying
out the provisions of NRS 225.300 to 225.440, inclusive. A person
who gives a gift, grant, bequest or other contribution may designate
a specific purpose for the gift, grant, bequest or other contribution to
carry out the provisions of NRS 225.300 to 225.440, inclusive.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 432B.4665 is hereby amended to read as follows:
432B.4665 1. The court may, upon the filing of a petition
pursuant to NRS 432B.466, appoint a person as a guardian for a
child if:
(a) The court finds:
(1) That the proposed guardian is suitable and is not
disqualified from guardianship pursuant to NRS 159A.061;
(2) That the chi ld has been in the custody of the proposed
guardian for 6 months or more pursuant to a determination by a
court that the child was in need of protection, unless the court
waives this requirement for good cause shown;
(3) That the proposed guardian has co mplied with the
requirements of chapter 159A of NRS; and
(4) That the burden of proof set forth in chapter 159A of
NRS for the appointment of a guardian for a child has been
satisfied;
(b) The child consents to the guardianship, if the child is 14
years of age or older; and
(c) The court determines that the requirements for filing a
petition pursuant to NRS 432B.466 have been satisfied.
2. A guardianship established pursuant to this section:
(a) Provides the guardian with the powers and duties provided in
NRS 159A.079, and subjects the guardian to the limitations set forth
in NRS 159A.0805;
(b) Is subject to the provisions of NRS 159A.065 to 159A.076,
inclusive, and section 1 of this act and 159A.185 to 159A.199,
inclusive;
(c) Provides the guardian with sole legal and physical custody of
the child;
(d) Does not result in the termination of parental rights of a
parent of the child; and
(e) Does not affect any rights of the child to inheritance, a
succession or any services or benefits provided by t he Federal
Government, this state or an agency or political subdivision of this
state.
Sec. 8. (Deleted by amendment.)
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Sec. 9. This act becomes effective upon passage and approval.
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