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Nevada Revised Statutes (Last Updated: December 24, 2014) |
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TITLE13 GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS |
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CHAPTER159. Guardianships |
| GENERAL PROVISIONS |
| NRS 159.013. Definitions. |
| NRS 159.014. “Care provider” defined. |
| NRS 159.0145. “Citation” defined. |
| NRS 159.015. “Court” defined. |
| NRS 159.017. “Guardian” defined. |
| NRS 159.018. “Home state” defined. |
| NRS 159.019. “Incompetent” defined. |
| NRS 159.022. “Limited capacity” defined. |
| NRS 159.023. “Minor” defined. |
| NRS 159.024. “Private professional guardian” defined. |
| NRS 159.025. “Proposed ward” defined. |
| NRS 159.0255. “Secured residential long-term care facility” defined. |
| NRS 159.026. “Special guardian” defined. |
| NRS 159.0265. “State” defined. |
| NRS 159.027. “Ward” defined. |
| NRS 159.028. Terms: “Writing” or “written.” |
| NRS 159.033. Application to guardians ad litem. |
| PROCEDURE IN GUARDIANSHIP PROCEEDINGS |
| NRS 159.034. Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court. |
| NRS 159.0345. Court authorized to alter requirements concerning publication of notice or citation. |
| NRS 159.0355. Facsimile of certain papers may be filed with court. |
| NRS 159.036. Giving of notices and issuance of citations by clerk of court. |
| NRS 159.037. Venue for appointment of guardian. |
| NRS 159.039. Proceedings commenced in more than one county. |
| NRS 159.041. Transfer of proceedings to another county. |
| NRS 159.043. Titles of petitions; captions of petitions and other documents. |
| NRS 159.044. Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed adult ward. |
| NRS 159.0455. Appointment, duties and compensation of guardians ad litem. |
| NRS 159.046. Appointment, duties and compensation of investigators. |
| NRS 159.047. Issuance of citation upon filing of petition for appointment of guardian; persons required to be served. |
| NRS 159.0475. Manner of serving citation. |
| NRS 159.048. Contents of citation. |
| NRS 159.0483. Attorney for minor ward or proposed minor ward. |
| NRS 159.0485. Proposed adult ward advised of right to counsel; appointment, duties and compensation of attorney for adult ward or proposed adult ward. |
| NRS 159.0486. Finding of vexatious litigant; sanctions. |
| APPOINTMENT OF GUARDIANS |
| NRS 159.0487. Types of guardians. |
| NRS 159.049. Appointment without issuance of citation. |
| NRS 159.0535. Attendance of proposed ward at hearing. |
| NRS 159.054. Finding and order of court upon petition: Dismissal of petition; appointment of special or general guardian. |
| NRS 159.055. Burden of proof; order appointing guardian; notice of entry of order. |
| NRS 159.057. Guardian for two or more wards. |
| NRS 159.059. Qualifications of guardian. |
| NRS 159.0592. Court may require guardian to complete training. |
| NRS 159.0593. Determination of whether proposed ward is prohibited from possessing firearm under federal law. |
| NRS 159.0594. Determination of whether proposed ward lacks mental capacity to vote. |
| NRS 159.0595. Private professional guardians. |
| NRS 159.061. Preference for parent of minor; other considerations in determining qualifications and suitability of guardian; appointment of public guardian or private fiduciary. |
| NRS 159.0615. Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation. |
| NRS 159.0617. Court or master of court or special master authorized to allow certain persons to testify at hearing to determine person most qualified and suitable to serve as guardian. |
| NRS 159.062. Guardian nominated by will. |
| NRS 159.065. Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances. |
| NRS 159.067. Bond: Court may require increase, decrease or other change; exoneration of former sureties. |
| NRS 159.069. Bond: Filing; remedy for breach. |
| NRS 159.071. Bond: Limitations on action. |
| NRS 159.073. Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances. |
| NRS 159.074. Copy of order of appointment to be served upon ward; notice of entry of order to be filed with court. |
| NRS 159.075. Letters of guardianship. |
| ADMINISTRATION OF SMALLER ESTATES |
| NRS 159.0755. Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate. |
| NRS 159.076. Summary administration. |
| POWERS AND DUTIES OF GUARDIANS |
| NRS 159.077. General functions of guardian of person and estate. |
| NRS 159.078. Petition by guardian or other interested person for order authorizing or directing guardian to take certain actions. |
| NRS 159.079. General functions of guardian of person; establishment or change of ward’s residence by guardian. |
| NRS 159.0795. Supervisory authority and powers of special guardian. |
| NRS 159.0801. Special guardian of person of limited capacity: Approval of court generally required before commencing act relating to person; grant of certain powers by court. |
| NRS 159.0805. Approval of court required before guardian may consent to certain treatment of or experiment on ward; conditions for approval. |
| NRS 159.081. Reports by guardian of person. |
| NRS 159.083. General functions of guardian of estate. |
| NRS 159.085. Inventory, supplemental inventory and appraisal of property of ward. |
| NRS 159.086. Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal. |
| NRS 159.087. Recording letters of guardianship. |
| NRS 159.089. Possession of and title to property of ward; guardian to secure certain documents. |
| NRS 159.0893. Access to account or other assets of ward. |
| NRS 159.0895. Assets retained to pay expenses of funeral and disposal of remains of ward: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of ward. |
| NRS 159.091. Discovery of debts or property. |
| NRS 159.093. Collecting obligations due ward. |
| NRS 159.095. Representing ward in legal proceedings. |
| NRS 159.097. Voidable contracts and transactions of ward. |
| NRS 159.099. Liability of guardian of estate on contracts for ward. |
| NRS 159.101. Exercising rights under stock ownership of ward. |
| NRS 159.103. Claims against estate of ward. |
| NRS 159.105. Payment of claims of guardian, claims arising from contracts of guardian and claims for attorney’s fees; report of claims and payment. |
| NRS 159.107. Presentment and verification of claims. |
| NRS 159.109. Examination and allowance or rejection of claims by guardian. |
| NRS 159.111. Recourse of claimant when claim rejected or not acted upon. |
| MANAGEMENT OF ESTATE |
| NRS 159.113. Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition. |
| NRS 159.115. Notice of hearing of petition or account. |
| NRS 159.119. Continuing business of ward. |
| NRS 159.121. Borrowing money for ward. |
| NRS 159.123. Contracts of ward. |
| NRS 159.125. Gifts from estate of ward; expenditures for relatives of ward. |
| TRANSACTIONS INVOLVING REAL AND PERSONAL PROPERTY |
| General Provisions |
| NRS 159.127. Purposes for which property of ward may be sold, leased or placed in trust. |
| NRS 159.132. Property of ward subject to sale. |
| Sale of Real Property |
| NRS 159.134. Selling real property of ward. |
| NRS 159.136. Order requiring guardian to sell real property of estate. |
| NRS 159.1365. Application of money from sale of real property of ward that is subject to mortgage or other lien. |
| NRS 159.1375. Sale of real property of ward to holder of mortgage or lien on such property. |
| NRS 159.138. Sale of equity of estate in real property of ward that is subject to mortgage or lien and of property that is subject to mortgage or lien. |
| NRS 159.1385. Contract for sale of real property of ward authorized; limitation on commission; liability of guardian and estate. |
| NRS 159.1415. Presentation of offer to purchase real property to court for confirmation; division of commission for sale of such property. |
| NRS 159.142. Sale of interest of ward in real property owned jointly with one or more persons. |
| NRS 159.1425. Notice of sale of real property of ward: When required; manner of providing; waiver; content. |
| NRS 159.1435. Public auction for sale of real property: Where held; postponement. |
| NRS 159.144. Sale of real property of guardianship estate at private sale: Requirements for establishing date; manner of making offers. |
| NRS 159.1455. Confirmation by court of sale of real property of guardianship estate at private sale. |
| NRS 159.1465. Conveyance of real property of guardianship estate to purchaser upon confirmation of sale by court. |
| NRS 159.1475. Sale of real property made upon credit. |
| NRS 159.148. Neglect or refusal of purchaser of real property to comply with terms of sale. |
| NRS 159.1495. Fraudulent sale of real property of ward by guardian. |
| NRS 159.1505. Periods of limitation for actions to recover or set aside sale of real property. |
| Sale of Personal Property |
| NRS 159.1515. Sale of personal property of ward by guardian without notice. |
| NRS 159.152. Sale of security of ward by guardian. |
| NRS 159.1535. Notice of sale of personal property of ward: When required; manner of providing content. |
| NRS 159.154. Place and manner of sale of personal property of ward. |
| NRS 159.156. Sale of interest in partnership, interest in personal property pledged to ward and choses in action of estate of ward. |
| Lease of Property |
| NRS 159.157. Lease of property of ward. |
| NRS 159.159. Contract with broker to secure lessee. |
| NRS 159.161. Petition for approval of lease: Content; conditions for approval. |
| NRS 159.163. Agreement for rental or bailment of personal property. |
| NRS 159.165. Lease of mining claim or mineral rights; option to purchase. |
| Agreement to Sell or Give Option to Purchase Mining Claim |
| NRS 159.1653. Petition to enter into agreement; setting date of hearing; notice. |
| NRS 159.1657. Hearing on petition; court order; recording of court order. |
| NRS 159.166. Bond and actions required upon court order to enter into agreement. |
| NRS 159.1663. Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement. |
| NRS 159.1667. Petition for confirmation of proceedings concerning agreement: When required; notice; hearing. |
| Miscellaneous Provisions |
| NRS 159.167. Special sale of property of ward or surrender of interest therein. |
| NRS 159.169. Advice, instructions and approval of acts of guardian. |
| NRS 159.171. Executing and recording legal documents. |
| NRS 159.173. Transfer of property of ward not ademption. |
| NRS 159.175. Exchange or partition of property of ward. |
| ACCOUNTINGS |
| NRS 159.176. Review of guardianship by court. |
| NRS 159.177. Time for filing account. |
| NRS 159.179. Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost. |
| NRS 159.181. Hearing of account. |
| NRS 159.183. Compensation and expenses of guardian. |
| NRS 159.184. Accounting by certain care providers. |
| REMOVAL OR RESIGNATION OF GUARDIAN; TERMINATION OF GUARDIANSHIP |
| Removal of Guardian |
| NRS 159.185. Conditions for removal. |
| NRS 159.1852. Duty of guardian to notify court if no longer qualified to serve as guardian; appointment of successor guardian. |
| NRS 159.1853. Petition for removal. |
| NRS 159.1855. Issuance and service of citation concerning filing of petition for removal; actions of court if ward or estate may suffer loss or injury during time required for service. |
| NRS 159.1857. Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear. |
| NRS 159.186. Additional limitation governing removal of guardian of minor; considerations for court in determining best interests of minor; removal of guardian of minor. |
| NRS 159.187. Successor guardians. |
| Resignation of Guardian |
| NRS 159.1873. Petition tendering resignation. |
| NRS 159.1875. Approval of resignation of guardian of person. |
| NRS 159.1877. Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order. |
| Termination of Guardianship |
| NRS 159.1905. Petition for termination or modification; appointment of attorney to represent ward; burden of proof; issuance of citation; penalties for not filing petition in good faith. |
| NRS 159.191. Termination of guardianship of person, estate or person and estate; procedure upon death of ward. |
| NRS 159.192. Termination of temporary guardianship. |
| NRS 159.193. Winding up affairs. |
| NRS 159.195. Disposition of claims of creditor after termination of guardianship by death of ward. |
| NRS 159.197. Delivery of physical possession of property of ward; petition to modify title to such property; handling property of deceased ward. |
| NRS 159.199. Discharge of guardian; exoneration of bond; order of discharge. |
| Maintenance of Records |
| NRS 159.19905. Time period for which certain records are required to be maintained. |
| ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION (UNIFORM ACT) |
| General Provisions |
| NRS 159.1991. Short title. |
| NRS 159.1993. International application of Act. |
| NRS 159.1994. Communication with other courts. |
| NRS 159.1995. Cooperation with other courts. |
| NRS 159.1997. Taking testimony in another state. |
| Jurisdiction |
| NRS 159.1998. General provisions governing jurisdiction and special jurisdiction. |
| NRS 159.1999. Declination of jurisdiction generally. |
| NRS 159.202. Declination of jurisdiction by reason of conduct. |
| NRS 159.2021. Proceedings in more than one state. |
| NRS 159.2023. Transfer of jurisdiction of guardianship to another state. |
| NRS 159.2024. Transfer of jurisdiction of guardianship or conservatorship from another state to this State. |
| Registration and Recognition of Orders From Other States |
| NRS 159.2025. Registration of guardianship orders issued in another state. |
| NRS 159.2027. Effect of registration of guardianship orders issued in another state. |
| Miscellaneous Provisions |
| NRS 159.2029. Uniformity of application and construction. |
| TRANSACTIONS WITHOUT GUARDIANSHIP IN NEVADA |
| NRS 159.203. Delivering property or paying obligations to foreign guardian. |
| APPOINTMENT OF GUARDIAN OF MINOR WITHOUT APPROVAL OF COURT |
| NRS 159.205. Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination. |
| NRS 159.215. Guardian of person of minor child of member of Armed Forces. |
| ACTS AGAINST OR AFFECTING WARD OR PROPOSED WARD |
| NRS 159.305. Petition alleging that person disposed of money of ward or has evidence of interest of ward in or to property. |
| APPEALS |