NRS159.0535. Attendance of proposed ward at hearing.

      1.  A proposed ward who is found in this State must attend the hearing for the appointment of a guardian unless:

      (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed ward, the reasons why the proposed ward is unable to appear in court and whether the proposed ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward; or

      (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed ward, the reasons why the proposed ward is unable to appear in court and whether the proposed ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward.

      2.  A proposed ward found in this State who cannot attend the hearing for the appointment of a general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by videoconference. If the proposed ward is an adult and cannot attend by videoconference, the person who signs the certificate described in subsection 1 or any other person the court finds qualified shall:

      (a) Inform the proposed adult ward that the petitioner is requesting that the court appoint a guardian for the proposed adult ward;

      (b) Ask the proposed adult ward for a response to the guardianship petition;

      (c) Inform the proposed adult ward of his or her right to counsel and ask whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding; and

      (d) Ask the preferences of the proposed adult ward for the appointment of a particular person as the guardian of the proposed adult ward.

      3.  If the proposed ward is an adult, the person who informs the proposed adult ward of the rights of the proposed adult ward pursuant to subsection 2 shall state in a certificate signed by that person:

      (a) That the proposed adult ward has been advised of his or her right to counsel and asked whether he or she wishes to be represented by counsel in the guardianship proceeding;

      (b) The responses of the proposed adult ward to the questions asked pursuant to subsection 2; and

      (c) Any conditions that the person believes may have limited the responses by the proposed adult ward.

      4.  The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.

      5.  If the proposed ward is not in this State, the proposed ward must attend the hearing only if the court determines that the attendance of the proposed ward is necessary in the interests of justice.

      (Added to NRS by 1981, 1932; A 2003, 1781; 2009, 2522; 2013, 915)