Revises provisions relating to guardianship. (BDR 13-470)

- 83rd Session (2025)
Assembly Bill No. 65–Committee on Judiciary

CHAPTER..........

AN ACT relating to guardianship; revising provisions relating to
certain investigative services provided during a guardianship
proceeding; prohibiting a governmental entity from charging
a fee for providing a copy of certain documents relating to a
guardianship proceeding; revising provisions relating to
service of process of a citation and petition in a guardianship
proceeding; changing the name of the State Guardianship
Compliance Office to the State Guardianship Office;
changing the title of the State Guardianship Compliance
Officer to the State Guardianship Officer; revising the powers
of the Officer; authorizing a court to appoint or extend the
appointment of a guardian for a protected minor or proposed
protected minor seeking status as a special immigrant
juvenile with the United States Citizenship and Immigration
Services of the Department of Homeland Securi ty un der
certain circumstances; revising certain notice requirements
for minor guardianship proceedings; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the State Guardianship Compliance Office to provi de
certain services relating to guardianship proceedings. Existing law also: (1) creates
the position of State Guardianship Compliance Officer within the Office; and (2)
authorizes the Officer to hire two accountants and two investigators to provide
certain services to district courts. (NRS 159.341) Section 3 of this bill changes the:
(1) name of the State Guardianship Compliance Office to the State Guardianship
Office; and (2) title of the State Guardianship Compliance Officer to the State
Guardianship Officer. Section 3 also expands the authority of the Officer to hire
accountants and investigators by authorizing the Officer, within the limits of
legislative appropriation, to hire such accountants and investigators as the Officer
deems necessary.
Existing law authorizes the court, after the filing of a petition in a guardianship
proceeding, to appoint one or more investigators to perform certain duties related to
the proceeding. (NRS 159.046, 159A.046) Existing law likewise authorizes an
investigator employed by the Office to provide investigative services to the district
courts during the administration of guardianship proceedings. (NRS 159.341)
Sections 1, 3 and 6 of this bill: (1) prohibit a governmental entity, including a
court, from charging a fee for providing a copy of any document requested by an
investigator in connection with an investigation; and (2) make various other
changes relating to an investigation.
Existing law: (1) authorizes the court in an adult guardianship proceeding to
appoint or extend the appointment of a guardian for a protected person or proposed
protected person seeking status as a special immigrant juvenile with the United
States Citizenship and Immigration Services of the Department of Homeland
Security under certain circumst ances; and (2) provides for the termination of any
such guardianship on or before the date on which the protected person reaches

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21 years of age. (NRS 159.191, 159.343) Sections 4 and 8 of this bill likewise: (1)
authorize the court in a minor guardianshi p proceeding to appoint or extend the
appointment of a guardian for a protected minor or proposed protected minor
seeking status as a special immigrant juvenile; and (2) provide for the termination
of any such guardianship on or before the date on which th e protected minor
reaches 21 years of age. Section 5 of this bill makes a conforming change to the
relevant definition of “minor.”
Existing law requires a person who files a petition in a minor guardianship
proceeding to notify the Director of the Department of Health and Human Services
of the time and place of the hearing on the petition if the protected minor has
received or is receiving benefits from Medicaid. (NRS 159A.034) Section 5.5 of
this bill eliminates this requirement.
Existing law: (1) requires service of a copy of a petition for the appointment of
a guardian and the citation issued pursuant to any such petition on certain persons;
and (2) prescribes the procedure for the service of process on such persons. (NRS
159.0475, 159A.0475) Sections 2 and 7 of this bill revise the procedure for such
service of process by authorizing: (1) service by certain methods set forth in the
Nevada Rules of Civil Procedure under certain circumstances; and (2) the court to
waive a requireme nt that service of the citation be made by publication under
certain circumstances.

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. NRS 159.046 is hereby amended to read as follows:
159.046 1. Upon filing of the petition, or any time thereafter,
the court may appoint one or more investigators to:
(a) Locate persons who perform services needed by the
proposed protected person and other public and private resources
available to the proposed protected person.
(b) Determine any competing interests in the appointment of a
guardian.
(c) Investigate allegations or claims which affect a protected
person or proposed protected person.
(d) Investigate the ability of a proposed guardian to provide for
the basic needs of a proposed protected person, including, without
limitation, food, clothing, shelter and medical care.
(e) Locate relatives of the proposed protected person who are
within the second degree of consanguinity.
(f) Obtain a copy of the birth certificate of a protected person
or proposed protected person.
(g) Obtain a copy of the death certificate of any interested
person.

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2. An investigator may be an employee of a social service
agency, family serv ice officer of the court, public guardian,
physician or other qualified person.
3. An investigator shall file with the court and parties a report
concerning the scope of the appointment of the guardian and any
special powers which a guardian would need t o assist the proposed
protected person.
4. An investigator who is appointed pursuant to this section is
entitled to reasonable compensation from the estate of the proposed
protected person. If the court finds that a person has unnecessarily
or unreasonab ly caused the investigation, the court may order the
person to pay to the estate of the proposed protected person all or
part of the expenses associated with the investigation.
5. A governmental entity shall not charge a fee for providing
a copy of any document requested by an investigator in connection
with an investigation conducted pursuant to subsection 1.
6. As used in this section, “governmental entity” has the
meaning ascribed to it in NRS 239.005.
Sec. 2. NRS 159.0475 is hereby amended to read as follows:
159.0475 1. [A] Except as otherwise ordered by the court, a
copy of the citation issued pursuant to NRS 159.047, together with a
copy of the petition filed under NRS 159.044, must be served:
(a) [Except as otherwise ordered by the court, on] On a
proposed protected person by :
(1) Except as otherwise provided in subparagraph (2),
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]
(2) An alternative method of service , other than
publication, authorized by the court for good cause shown
pursuant to the Nevada Rules of Civil Procedure , at least 20 days
before the date set for the hearing.
(b) On each person required to be served pursuant t o NRS
159.047 other than a proposed protected person by:
(1) Except as otherwise provided in subparagraph (2):
(I) Certified mail, with a return receipt requested, at least
20 days before the date set for the hearing; or
[(2)] (II) 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) An alternative method of service , other than
publication, authorized by the court for good cause shown

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pursuant to the Nevada Rules of Civil Procedure , at least 20 days
before the date set for the hearing.
2. [If] Except as otherwise provided in this subsection, if none
of the persons on whom the citation and petition is to be served can,
after due diligence, be served by cer tified mail , [or] personal
service [,] or an alternative method of service, as applicable, and
this fact is proven by affidavit to the satisfaction of the court, service
of the citation must be made by publication in the manner provided
by the Nevada Rule s of Civil Procedure [. In all such cases, the
citation must be published ] at least 20 days before the date set for
the hearing. The court may waive the service by publication
required by this subsection for good cause shown.
3. A citation and petition n eed 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:
(a) The citat ion and petition have been served by personal
service on the proposed protected person or by an alternative
method of service and an affidavit of such service has been filed
with the court pursuant to subsection 3 of NRS 159.047;
(b) The citation and peti tion have been served by certified mail,
with a return receipt requested, [or] by personal service or by an
alternative method of service on the care provider or public
guardian required to be served pursuant to NRS 159.047; and
(c) At least one relative of the proposed protected person who is
required to be served pursuant to NRS 159.047 has been served, as
evidenced by the return receipt or the certificate of service. If the
court finds that at least one relative of the proposed protected person
has not received notice that is sufficient, the court will require the
citation to be published pursuant to subsection 2 [.] or waive the
requirement in accordance with subsection 2.
Sec. 3. NRS 159.341 is hereby amended to read as follows:
159.341 1. The St ate Guardianship [Compliance] Office is
hereby created.
2. The State Guardianship [Compliance] Officer is:
(a) Appointed by the Supreme Court and serves at the pleasure
of the Court; and
(b) Entitled to receive an annual salary set by the Supreme Court
within the limits of legislative appropriations.
3. The State Guardianship [Compliance] Officer may , within
the limits of legislative appropriation, hire [two] such accountants
and [two] investigators as the Officer deems necessary to provide

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auditing and investigative services to the district courts during the
administration of guardianship proceedings pursuant to chapters 159
and 159A of NRS.
4. The State Guardianship [Compliance] Officer shall not act
as a guardian for any protected person or protected minor.
5. A governmental entity shall not charge a fee for providing
a copy of any document requested by an investigator employed by
the State Guardianship Office in connection with any investigative
services provided to a district court.
6. As u sed in this section, “governmental entity” has the
meaning ascribed to it in NRS 239.005.
Sec. 4. Chapter 159A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If a person includes a request that the court make the
findings set forth in subsection 3 of NRS 3.2203 in a petition filed
or motion made pursuant to this chapter, the court may appoint or
extend the appointment of a guardian of the person for a protected
minor or proposed protected minor seeking status as a specia l
immigrant juvenile with the United States Citizenship and
Immigration Services of the Department of Homeland Security if
the protected minor or proposed protected minor:
(a) Is unmarried; and
(b) Consents to the appointment or the extension of the
appointment.
2. The appointment or the extension of the appointment of a
guardian of the person pursuant to subsection 1 does not
authorize the guardian to abrogate any rights that the protected
minor or proposed protected minor may have pursuant to the laws
of this S tate, including, without limitation, the right to make
decisions regarding his or her medical treatment, education or
residence, without the express consent of the protected minor or
proposed protected minor.
Sec. 5. NRS 159A.023 is hereby amended to read as follows:
159A.023 “Minor” means any person who is:
1. Less than [18] eighteen years of age; or
2. Less than [19] :
(a) Nineteen years of age if the guardianship of the person is
continued until the person reaches the age of 19 years pursuant to
NRS 159A.191.
(b) Twenty-one years of age if the person is seeking status as a
special immigrant juvenile with the United States Citizenship and
Immigration Services of the Department of Homeland Security in
accordance with section 4 of this act.

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- 83rd Session (2025)
Sec. 5.5. 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 age 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
served a copy of the request upon the 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.
(h)] Those persons entitled to notice if a proceeding w ere
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 residence, 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 subsection, i f 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 of the not ice must be made by
publication in the manner provided by the Nevada Rules of Civil

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Procedure. In all such cases, the notice must be published 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.
6. On or before the date set for the hearing, the petitioner shall
file with the court proof of giving noti ce to each person entitled to
notice pursuant to this section.
Sec. 6. NRS 159A.046 is hereby amended to read as follows:
159A.046 1. Upon filing of the petition, or any time
thereafter, the court may appoint one or more investigators to:
(a) Locate persons who perform services needed by the
proposed protected minor and other public and private resources
available to the proposed protected minor.
(b) Determine any competing interests in the appointment of a
guardian.
(c) Investigate allegations or c laims which affect a proposed
protected minor.
(d) Investigate the [suitability] ability of a proposed guardian to
provide for the basic needs of a proposed protected minor,
including, without limitation, food, clothing, shelter, medical care
and education.
(e) Locate relatives of the proposed protected minor who are
within the second degree of consanguinity.
(f) Obtain a copy of the birth certificate of a protected minor or
proposed protected minor.
(g) Obtain a copy of the death certificate of any interested
person.
2. An investigator may be an employee of the court or a person
retained under contract with the court.
3. An investigator shall file with the court and parties a report
concerning th e scope of the appointment of the guardian and any
special powers which a guardian would need to assist the proposed
protected minor.
4. If the court finds that a person has unnecessarily or
unreasonably caused the investigation, the court may order the

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person to pay to the court all or part of the expenses associated with
the investigation.
5. A governmental entity shall not charge a fee for providing
a copy of any document requested by an investigator in connection
with an investigation conducted pursuant to subsection 1.
6. As used in this section, “governmental entity” has the
meaning ascribed to it in NRS 239.005.
Sec. 7. NRS 159A.0475 is hereby amended to read as follows:
159A.0475 1. [A] Except as otherwise ordered by the court,
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 ] On a
proposed protected minor who is 14 years of age or older by :
(1) Except as otherwise provided in subparagraph (2),
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]
(2) An alternative method of service , other than
publication, authorized by the court for good cause shown
pursuant to the Nevada Rules of Civil Procedure , at least 20 days
before the date set for the hearing.
(b) On each person required to be served pursuant to NRS
159A.047 other than a proposed protected minor by:
(1) Except as otherwise provided in subparagraph (2):
(I) Certified mail, with a return receipt requested, at least
20 days before the date set for the hearing; or
[(2)] (II) 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) An alternative method of service , other than
publication, authorized by the court for good cause shown
pursuant to the Nevada Rules of Civil Procedure , at least 20 days
before the date set for the hearing.
2. [If] Except as otherwise provided in this subsection, if none
of the persons on whom the citation and petition is to be served can,
after due diligence, be served by certified mail , [or] personal
service [,] or an alter native method of service, as applicable, and
this fact is proven by affidavit to the satisfaction of the court, service
of the citation must be made by publication in the manner provided
by the Nevada Rules of Civil Procedure [. In all such cases, the
citation must be published ] at least 20 days before the date set for

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the hearing. The court may waive the service by publication
required by this subsection for good cause shown.
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:
(a) The citation and petition have been served by personal
service on the proposed protected minor or by an alternative
method for service 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 service or by an
alternative method of service 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 or 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 r equire the
citation to be published pursuant to subsection 2 [.] or waive the
requirement in accordance with subsection 2.
Sec. 8. NRS 159A.191 is hereby amended to read as follows:
159A.191 1. [A] Except as otherwise provided in subsection
2, 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 h aving
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 mi nor 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.

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2. If the court appoints or extends the appointment of a
guardian of the minor pursuant to section 4 of this act, the
guardianship is terminated on the date on which the protected
minor reaches 21 years of age unless the protected minor petitions
the court to terminate the guardianship before he or she reaches
21 years of age pursuant to NRS 159A.1905 an d the court grants
the petition.
3. 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.] 4. If the guardianship is of the person and estate, the court
may order the guardianship terminated a s to the person, the estate,
or the person and estate.
[4.] 5. 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.] 6. 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
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.] 7. 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 sh ould be notified of any requirements of the
guardianship which require compliance before termination of the
guardianship.
[7.] 8. If, at a hearing conducted pursuant to subsection [6,] 7, 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

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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. 9. The Legislative Counsel shall, in preparing
supplements to the Nevada Administrative Code, appropriately
change any references to an officer, agency or other entity whose
name is changed or whose responsibilities are transferred pursuant
to the provisions of this act to refer to the appropriate officer,
agency or other entity.
Sec. 10. 1. Any administrative regulations adopted by an
officer or an agency whose name has been changed or whose
responsibilities have been transferred pursuant to the provisions of
this act to another officer or agency remain in force until amended
by the officer or agency to which the responsibility for the adoption
of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer
or agency whose name has been changed or whose responsibilities
have been transferred pursu ant to the provisions of this act to
another officer or agency are binding upon the officer or agency to
which the responsibility for the administration of the provisions of
the contract or other agreement has been transferred. Such contracts
and other agr eements may be enforced by the officer or agency to
which the responsibility for the enforcement of the provisions of the
contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has
been changed or whose responsibilities have been transferred
pursuant to the provisions of this act to another officer or agency
remains in effect as if taken by the officer or agency to which the
responsibility for the enforcement of such actions has been
transferred.
Sec. 11. This act becomes effective on July 1, 2025.

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