NRS159.113. Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition.

      1.  Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to:

      (a) Invest the property of the ward pursuant to NRS 159.117.

      (b) Continue the business of the ward pursuant to NRS 159.119.

      (c) Borrow money for the ward pursuant to NRS 159.121.

      (d) Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward pursuant to NRS 159.123.

      (e) Make gifts from the ward’s estate or make expenditures for the ward’s relatives pursuant to NRS 159.125.

      (f) Sell, lease or place in trust any property of the ward pursuant to NRS 159.127.

      (g) Exchange or partition the ward’s property pursuant to NRS 159.175.

      (h) Release the power of the ward as trustee, personal representative or custodian for a minor or guardian.

      (i) Exercise or release the power of the ward as a donee of a power of appointment.

      (j) Exercise the right of the ward to take under or against a will.

      (k) Transfer to a trust created by the ward any property unintentionally omitted from the trust.

      (l) Submit a revocable trust to the jurisdiction of the court if:

             (1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or

             (2) The trust was created by the court.

      (m) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the ward.

      (n) Transfer money in a minor ward’s blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140.

      2.  Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:

      (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the ward’s property.

      (b) Take any other action which the guardian deems would be in the best interests of the ward.

      3.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the ward.

      (b) A concise statement as to the condition of the ward’s estate.

      (c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      4.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      5.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward or complete contracts of the ward.

      (Added to NRS by 1969, 421; A 1979, 589; 2003, 1791; 2007, 2033, 2396; 2009, 1657, 2523; 2013, 918)