Makes various changes relating to guardianship. (BDR 13-217)

- 83rd Session (2025)
Senate Bill No. 346 –Senators Scheible, Cruz -Crawford, Krasner ;
Dondero Loop, Nguyen, Ohrenschall, Pazina, Steinbeck and
Stone

Joint Sponsor: Assemblymember Hansen

CHAPTER..........

AN ACT relating to guardianship; making various changes relating
to guardianship; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law sets forth the procedures and requirements relating to the
appointment of a guardian for a proposed protected person who is an adult.
(Chapter 159 of NRS) Section 1.3 of this bill defines the term “less restricti ve
alternatives to guardianship” and section 1.7 of this bill defines the term “power of
attorney” for the purposes of the provisions of law governing guardianship of
adults.
Existing law: (1) authorizes a proposed protected person, a governmental
agency, a nonprofit organization or an interested person to petition the court for the
appointment of a guardian; (2) requires such a petition to include certain
information; and (3) requires that the petitioner provide the court with an
assessment of the needs of the proposed protected person, which must be completed
by a licensed physician. (NRS 159.044) Section 4 of this bill requires a petition for
the appointment of a guardian to contain an attestation that information on less
restrictive alternatives to guardianship ha s been provided to the proposed protected
person. Section 4 also requires that a licensed physician completing such an
assessment include a determination of whether less restrictive alternatives to
guardianship are available and sufficient to support the needs of the proposed
protected person.
Existing law requires a guardian of the person to make a written report
containing certain information, file the report with the court and serve the report on
the protected person and any attorney for the protected person. (NRS 159.081)
Section 5 of this bill requires that such a report include an explanation as to why
less restrictive alternatives to guardianship in lieu of the guardianship are not being
considered.
Existing law authorizes a protected person, the guardian or another person to
petition the court for the termination or modification of a guardianship. Existing
law provides that for such a petition to be granted, the petitioner must prove that the
termination or modification of the guardianship is in the best interests of the
protected person. (NRS 159.1905) Section 6 of this bill provides that such a
petition may also be granted if the petitioner shows that the pr otected person has
entered into a less restrictive alternative to a guardianship in lieu of the
guardianship.
Existing law: (1) sets forth certain procedures for a court to transfer a
guardianship or conservatorship order from another state to this State ; (2) requires
that a petition to transfer include certain information; (3) with certain exceptions,
requires a court to issue a provisional order and final order granting a petition to
transfer in certain circumstances; and (4) requires a court to recogni ze a
guardianship or conservatorship order from another state in certain circumstances.
(NRS 159.2024) Section 6.5 of this bill requires that a petition to transfer must also
include: (1) proof that less restrictive alternatives to guardianship were consid ered;

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and (2) an explanation as to why less restrictive alternatives to guardianship are not
reasonable alternatives to guardianship. Section 6.5 provides that a court may deny
a petition to transfer if the court has previously denied a petition to transfe r the
guardianship or conservatorship because less restrictive alternatives to guardianship
for the protected person were not considered, either in this State or in the state from
which the petition seeks to transfer the order. Section 6.5 also provides that if a
court finds that less restrictive alternatives to guardianship have not been
considered for the protected person either in this State or in the state from which the
petition seeks to transfer the order, the court : (1) is not requir ed to recognize a
guardianship or conservatorship order from the other state; and (2) may deny a
petition to transfer.
Existing law establishes the Protected Persons’ Bill of Rights, which sets forth
certain specific rights of each protected person. (NRS 159.327, 159.328) Section 7
of this bill provides that a protected person has the right to be educated about less
restrictive alternatives to guardianship.

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 159 of NRS is hereby amended by adding
thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. “Less restrictive alternatives to guardianship”
includes, without limitation:
1. A durable power of attorney for financial matters;
2. A durable power of attorney for health care; and
3. A supported decision-making agreement.
Sec. 1.7. “Power of attorney” has the meaning ascribed to it
in NRS 162A.090.
Sec. 2. NRS 159.013 is hereby amended to read as follows:
159.013 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 159.014 to 159.0265,
inclusive, and sections 1.3 and 1.7 of this act have the meanings
ascribed to them in those sections.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 159.044 is hereby amended to read as follows:
159.044 1. A proposed protected person, 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 person.

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(c) A copy of one of the following forms of identification of the
proposed protected person which must be placed in th e 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 taxpayer identification number;
(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 pursu ant 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) Whether the proposed protected person is a residen t or
nonresident of this State.
(e) The names and addresses of the spouse of the proposed
protected person and the relatives of the proposed protected person
who are within the second degree of consanguinity.
(f) The name, date of birth and current addre ss 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 159.0595 or 159A.0595. If the proposed
guardian is not a private professional guardian , the petition must
include a statement that the 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. As
used in this paragraph, “protected pers on” includes a protected
minor.
(g) 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 required to carry out a specific
statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(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.

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- 83rd Session (2025)
(h) 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 whether the proposed
guardian was placed on probation or parole.
(i) A summary of the reasons why a guardian is needed and
recent documentation demonstrating the need for a guardianship.
The documentation must include, without limitation:
(1) A certificate signed by a physician who is licensed to
practice medicine in this State or who is employed by the
Department of Veterans Affairs, a letter signed by any governmental
agency in this State which conducts investigations or a ce rtificate
signed by any other person whom the court finds qualified to
execute a certificate, stating:
(I) The need for a guardian;
(II) Whether the proposed protected person presents a
danger to himself or herself or others;
(III) Whether the att endance of the proposed protected
person at a hearing would be detrimental to the proposed protected
person;
(IV) Whether the proposed protected person would
comprehend the reason for a hearing or contribute to the proceeding;
and
(V) Whether the pro posed protected person is capable of
living independently with or without assistance; and
(2) If the proposed protected person is determined to have
the limited capacity to consent to the appointment of a special
guardian, a written consent to the appoin tment of a special guardian
from the protected person.
(j) Whether the appointment of a general or a special guardian is
sought.
(k) A general description and the probable value of the property
of the proposed protected person and any income to which the
proposed protected person is or will be entitled, if the petition is for
the appointment of a guardian of the estate or a special guardian. If
any money is paid or is payable to the proposed protected person by
the United States through the Department of Veterans Affairs, the
petition must so state.
(l) The name and address of any person or care provider having
the care, custody or control of the proposed protected person.
(m) If the petitioner is not the spouse or natural child of the
proposed protected person, a declaration explaining the relationship
of the petitioner to the proposed protected person or to the family or

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friends of the proposed protected person, if any, and the interest, if
any, of the petitioner in the appointment.
(n) Requests for an y of the specific powers set forth in NRS
159.117 to 159.175, inclusive, necessary to enable the guardian to
carry out the duties of the guardianship.
(o) If the guardianship is sought as the result of an investigation
of a report of abuse, neglect, explo itation, isolation or abandonment
of the proposed protected person, whether the referral was from a
law enforcement agency or a state or county agency.
(p) Whether the proposed protected person or the proposed
guardian is a party to any pending criminal or civil litigation.
(q) Whether the guardianship is sought for the purpose of
initiating litigation.
(r) Whether the proposed protected person has executed a
durable power of attorney for health care, a durable power of
attorney for financial matters or a written nomination of guardian
and, if so, who the named agents are for each document.
(s) Whether the proposed guardian has filed for or received
protection under the federal bankruptcy laws within the immediately
preceding 7 years.
(t) An attestation that information on less restrictive
alternatives to guardianship has been provided to the proposed
protected person.
3. Before the court makes a finding pursuant to NRS 159.054,
a petitioner seeking a guardian for a proposed protected person must
provide the court with an assessment of the needs of the proposed
protected person completed by a licensed physician which identifies
the limitations of capacity of the proposed protected person and how
such limitations affect the ability of the proposed prote cted person
to maintain his or her safety and basic needs [.] and which includes
a determination of whether less restrictive alternatives to
guardianship are available and sufficient to support the needs of
the proposed protected person. The court may prescribe the form in
which the assessment of the needs of the proposed protected person
must be filed.
Sec. 5. NRS 159.081 is hereby amended to read as follows:
159.081 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 person 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;

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(b) Within 10 days of moving a protected person to a secured
residential long-term care facility; and
(c) At such other times as the court may order.
2. A report filed pursuant to paragraph (b) of subsection 1
must:
(a) Include a copy of the written recommendation upon which
the transfer was made; and
(b) Except as otherwise provided in subsection 6, be served,
without limitation, on the protected person and any attorney for t he
protected person.
3. The court may prescribe the form for filing a report
described in subsection 1. Such a report must include, without
limitation:
(a) The physical condition of the protected person;
(b) The place of residence of the protected person;
(c) The name of all other persons living with the protected
person unless the protected person is residing at a secured
residential long -term care facility, group home, supportive living
facility, home in which supported living arrangement services ar e
provided, assisted living facility or other facility for long -term care;
[and]
(d) An explanation as to why less restrictive alternatives to
guardianship in lieu of the guardianship are not being considered;
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 order
regarding the report.
6. The court may waive the requirement set forth in paragraph
(b) of subsection 2 that a report filed pursuant to paragraph (b) of
subsection 1 must be served on a protected person upon a showing
that such service is detrimental to t he physical or mental health of
the protected person.
7. As used in this section:
(a) “Facility for long -term care” has the meaning ascribed to it
in NRS 427A.028.
(b) “Supported living arrangement services” has the meaning
ascribed to it in NRS 435.3315.

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Sec. 6. NRS 159.1905 is hereby amended to read as follows:
159.1905 1. A protected person, 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 person.
(c) The name, age and address of the protected person, if the
protected person is not the petitioner, or the date of de ath of the
protected person if the protected person 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 person and the proposed disposition of that
property.
2. Upon the filing of the petition, the cou rt shall appoint an
attorney to represent the protected person if:
(a) The protected person is unable to retain an attorney; or
(b) The court determines that the appointment is necessary to
protect the interests of the protected person.
3. The petitioner has the burden of proof to show by clear and
convincing evidence that [the] :
(a) The termination or modification of the guardianship of the
person, of the estate, or of the person and estate is in the best
interests of the protected person [.] ; or
(b) The protected person has entered into a less restrictive
alternative to guardianship in lieu of the guardianship of the
person, of the estate, or of the person and estate, which is to be
terminated.
4. The court shall issue a citation to the guardia n and all
interested persons requiring them to appear and show cause why
termination or modification of the guardianship should not be
granted.
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 person, the court may:
(a) Disallow the petitioner from petitioning the court for
attorney’s fees from the estate of the protected person; and
(b) Impose sanctions on the petitioner in an amount sufficient to
reimburse the estate of the protected person for all or part of the

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expenses and for any other pecuniary losses which are incurred by
the estate of the protected person and associated with the petition.
Sec. 6.5. NRS 159.2024 is hereby amended to read as follows:
159.2024 1. To transfer jurisdiction of a guardianship or
conservatorship to this State, the guardian, conservator or other
interested party must petition the court of this State for guardianship
pursuant to NRS 159.1991 to 159.2029, inclusive, to accept
guardianship in this State. The petition must include [a] :
(a) A certified copy of the other state’s provisional order of
transfer [and proof] ;
(b) Proof that the protected person is physically present in, or is
reasonably expected to move permanently to, this State [.] ;
(c) Proof that shows less restrictive alternatives to
guardianship were considered; and
(d) An explanation as to why less restrictive alternatives to
guardianship are not reasonable alternatives to the guardianship.
2. The court shall issue a provisional order granting a petition
filed under subsection 1, unless:
(a) An objection is made and the objector establishes that
transfer of the proceeding would be contrary to the interests of the
protected person; [or]
(b) The guardian or petitioner is not qualified for appointment as
a guardian in this State pursuant to NRS 159.0613 [.] ; or
(c) The court has previously denied a petition to transfer the
guardianship or the conservatorship pursuant to subsection 6.
3. The court shall issue a final order granting guardianship
upon filing of a final order issued by the other state terminating
proceedings in that state and transferring the proceedings to this
State.
4. Not l ater than 90 days after the issuance of a final order
accepting transfer of a guardianship or conservatorship, the court
shall determine whether the guardianship or conservatorship needs
to be modified to conform to the laws of this State [.] , including,
without limitation, chapter 162C of NRS.
5. In granting a petition under this section, the court shall
recognize a guardianship or conservatorship order from the other
state, including the determination of the incapacity of the protected
person and the appointment of the guardian or conservator [.] unless
less restrictive alternatives to guardianship for the protected
person were not considered, either in this State or the other state.
6. The court may d eny a petition under this section if the
court determines that less restrictive alternatives to guardianship
were not considered either in this State or in the other state. If a

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petition under this section is denied pursuant to this subsection,
such denial does not preclude the petitioner from filing a p etition
pursuant to NRS 159.044.
Sec. 7. NRS 159.328 is hereby amended to read as follows:
159.328 1. The Legislature hereby declares that, except as
otherwise specifically provided by law, each proposed protected
person has the right to have an attorney before a guardianship is
imposed to ask the court for relief, and each protected person has the
right to:
(a) Have an attorney at any time during a guardianship to ask the
court for relief.
(b) Receive notice of all guardianship proceedings and all
proceedings relating to a determination of capacity unless the court
determines that the protected person lacks the capacity to
comprehend such notice.
(c) Receive a copy of all documents filed in a guardianship
proceeding.
(d) Have a family member, an interested party, a person of
natural affection, an advocate for the protected person or a medical
provider speak or raise any issues of concern on behalf of the
protected person during a court hearing, either orally or in w riting,
including, without limitation, issues relating to a conflict with a
guardian.
(e) Be educated about guardianships and ask questions and
express concerns and complaints about a guardian and the actions of
a guardian, either orally or in writing.
(f) Participate in developing a plan for his or her care, including,
without limitation, managing his or her assets and personal property
and determining his or her residence and the manner in which he or
she will receive services.
(g) Have due considerati on given to his or her current and
previously stated personal desires, preferences for health care and
medical treatment and religious and moral beliefs.
(h) Remain as independent as possible, including, without
limitation, to have his or her preference honored regarding his or her
residence and standard of living, either as expressed or
demonstrated before a determination was made relating to capacity
or as currently expressed, if the preference is reasonable under the
circumstances.
(i) Be granted the g reatest degree of freedom possible,
consistent with the reasons for a guardianship, and exercise control
of all aspects of his or her life that are not delegated to a guardian
specifically by a court order.

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(j) Engage in any activity that the court has no t expressly
reserved for a guardian, including, without limitation, voting,
marrying or entering into a domestic partnership, traveling, working
and having a driver’s license.
(k) Be treated with respect and dignity.
(l) Be treated fairly by his or her guardian.
(m) Maintain privacy and confidentiality in personal matters.
(n) Receive telephone calls and personal mail and have visitors,
unless his or her guardian and the court determine that particular
correspondence or a particular visitor will cause h arm to the
protected person.
(o) Receive timely, effective and appropriate health care and
medical treatment that does not violate his or her rights.
(p) Have all services provided by a guardian at a reasonable rate
of compensation and have a court revie w any requests for payment
to avoid excessive or unnecessary fees or duplicative billing.
(q) Receive prudent financial management of his or her property
and regular detailed reports of financial accounting, including,
without limitation, reports on any i nvestments or trusts that are held
for his or her benefit and any expenditures or fees charged to his or
her estate.
(r) Receive and control his or her salary, maintain a bank
account and manage his or her personal money.
(s) Ask the court to:
(1) Review the management activity of a guardian if a
dispute cannot be resolved.
(2) Continually review the need for a guardianship or modify
or terminate a guardianship.
(3) Replace the guardian.
(4) Enter an order restoring his or her capacity at the earl iest
possible time.
(t) Be educated about less restrictive alternatives to
guardianship.
2. The rights of a protected person set forth in subsection 1 do
not abrogate any remedies provided by law. All such rights may be
addressed in a guardianship proceeding or be enforced through a
private right of action.

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