Title 13

NRS 159.017 “Guardian” defined. “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without lim…

NRS 159.018 “Home state” defined. “Home state” means the state in which the proposed protected person was physically present for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a gua…

NRS 159.019 “Incapacitated” defined. A person is “incapacitated” if he or she, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements f…

NRS 159.0195 “Interested person” defined. “Interested person” means a person who is entitled to notice of a guardianship proceeding pursuant to NRS 159.034. (Added to NRS by 2017, 2546)

NRS 159.0215 “Less restrictive alternatives to guardianship” defined. “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-ma…

NRS 159.022 “Limited capacity” defined. A person is of “limited capacity” if: 1. The person is able to make independently some but not all of the decisions necessary for the person’s own care and the management of the person’s property; and 2. The person is not a minor. (Added to…

NRS 159.023 “Minor” defined. “Minor” means any person who is: 1. Less than 18 years of age; or 2. Less than 19 years of age if guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191. (Added to NRS by 1969, 412; A 2003, 1771; …

NRS 159.0235 “Person of natural affection” defined. “Person of natural affection” means a person who is not a family member of a protected person but who shares a relationship with the protected person that is similar to the relationship between family members. (Added to NRS by 2…

NRS 159.0237 “Power of attorney” defined. “Power of attorney” has the meaning ascribed to it in NRS 162A.090. (Added to NRS by 2025, 1973)

NRS 159.024 “Private professional guardian” defined. 1. “Private professional guardian” means a person who receives compensation for services as a guardian to three or more protected persons who are not related to the guardian by blood or marriage and who meets the requirements s…

NRS 159.025 “Proposed protected person” defined. “Proposed protected person” means any person, other than a minor, for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initi…

NRS 159.0251 “Protected minor” defined. “Protected minor” has the meaning ascribed to it in NRS 159A.0251. (Added to NRS by 2017, 867)

NRS 159.0253 “Protected person” defined. “Protected person” means any person, other than a minor, for whom a guardian has been appointed. (Added to NRS by 1969, 412; A 2017, 868, 2553)—(Substituted in revision for NRS 159.027)

NRS 159.0255 “Secured residential long-term care facility” defined. 1. “Secured residential long-term care facility” means a residential facility providing long-term care that is designed to restrict a resident of the facility from leaving the facility, a part of the facility or …

NRS 159.026 “Special guardian” defined. “Special guardian” means a guardian of a person of limited capacity, including, without limitation, such a guardian who is appointed because a person of limited capacity has voluntarily petitioned for the appointment and the court has deter…

NRS 159.0265 “State” defined. “State” means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (Adde…

NRS 159.028 Terms: “Writing” or “written.” As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in NRS 132.119 and an electronic trust as …

NRS 159.033 Application to guardians ad litem. Except as otherwise provided in this chapter, the provisions of this chapter do not apply to guardians ad litem. (Added to NRS by 1969, 412; A 2003, 1771) 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. 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…

NRS 159.0345 Court authorized to alter requirements concerning publication of notice or citation. If publication of a notice or citation is required pursuant to this chapter, the court may, for good cause shown: 1. Allow fewer publications to be made within the time for publicati…

NRS 159.0355 Facsimile of certain papers may be filed with court. If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time or at such time prescribed by the co…

NRS 159.036 Giving of notices and issuance of citations by clerk of court. All notices required to be given by this chapter may be given by the clerk of the court without an order from the court, and when so given, for the time and in the manner required by law, they are legal an…

NRS 159.037 Venue for appointment of guardian. 1. The venue for the appointment of a guardian when the home state of the proposed protected person is this State must be the county where the proposed protected person resides. 2. If the proper venue may be in two or more counties, …

NRS 159.039 Proceedings commenced in more than one county. 1. If proceedings for the appointment of a guardian for the same proposed protected person are commenced in more than one county in this State, and the home state of the proposed protected person is this State, they shall…

NRS 159.041 Transfer of proceedings to another county. A court having before it any guardianship matter for a protected person or proposed protected person whose home state is this State may transfer the matter to another county in the interest of the protected person or proposed…

NRS 159.043 Titles of petitions; captions of petitions and other documents. 1. All petitions filed in a guardianship proceeding pursuant to this chapter must bear the title of the court and cause. 2. The caption of all petitions and other documents filed in a guardianship proceed…

NRS 159.044 Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person. 1. A proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment o…

NRS 159.0443 Petition for expedited hearing for transfer of proposed protected person to appropriate health care facility; exception. 1. Except as otherwise provided in subsection 2, if a person who files a petition for the appointment of a guardian pursuant to NRS 159.044 reason…

NRS 159.0445 Filing of proposed preliminary care plan and budget. Upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget. The format of such a proposed preliminary care plan an…

NRS 159.0455 Appointment and duties of guardians ad litem. 1. On or after the date of the filing of a petition to appoint a guardian: (a) The court may, in any proceeding, appoint a person to represent the protected person or proposed protected person as a guardian ad litem if th…

NRS 159.046 Appointment, duties and compensation of investigators; governmental entities prohibited from charging fees for copies of documents requested in connection with investigation services. 1. Upon filing of the petition, or any time thereafter, the court may appoint one or…

NRS 159.047 Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service. 1. Except as otherwise provided in NRS 159.0475, 159.0523 and 159.0525, upon the filing of a petition under NRS 159.044, the clerk …

NRS 159.0475 Manner of serving citation. 1. 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) On a proposed protected person by: (1) Except as otherwis…

NRS 159.048 Contents of citation. The citation issued pursuant to NRS 159.047 must state that the: 1. Proposed protected person may be adjudged to be incapacitated or of limited capacity and a guardian may be appointed for the proposed protected person; 2. Rights of the proposed …

NRS 159.0485 Appointment of attorney for proposed protected person. 1. Upon the filing of a petition for the appointment of a guardian for a proposed protected person, the court shall appoint an attorney for the proposed protected person unless the proposed protected person wishe…

NRS 159.0486 Finding of vexatious litigant; sanctions. 1. A court may find that a petitioner is a vexatious litigant if a person, other than the protected person: (a) Files a petition which is without merit or intended to harass or annoy the guardian; and (b) Has previously filed…

NRS 159.0487 Types of guardians. Any court of competent jurisdiction may appoint: 1. Guardians of the person, of the estate, or of the person and estate for persons who are incapacitated whose home state is this State. 2. Guardians of the person or of the person and estate for pe…

NRS 159.0523 Temporary guardian for proposed protected person who is unable to respond to substantial and immediate risk of physical harm or to need for immediate medical attention: Petition for appointment; conditions; required notice; extension; limited authority. 1. A petition…

NRS 159.0525 Temporary guardian for protected person who is unable to respond to substantial and immediate risk of financial loss: Petition for appointment; conditions; required notice; extension; limited powers. 1. A petitioner may request the court to appoint a temporary guardi…

NRS 159.0535 Attendance of proposed protected person at hearing. 1. A proposed protected person 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…

NRS 159.054 Finding and order of court upon petition: Dismissal of petition; appointment of special or general guardian. 1. If the court finds that the proposed protected person is not incapacitated and is not in need of a guardian, the court shall dismiss the petition. 2. If the…

NRS 159.055 Burden of proof; order appointing guardian; notice of entry of order. 1. The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary. 2. If it appea…

NRS 159.057 Appointment of guardian for two or more proposed protected persons; powers, duties and termination of such guardianships. 1. Where the appointment of a guardian is sought for two or more proposed protected persons who are children of a common parent, parent and child …

NRS 159.0592 Court may require guardian to complete training. As a condition of the appointment of a guardian, the court may require the guardian to complete any available training concerning guardianships that the court determines appropriate. (Added to NRS by 2013, 904)

NRS 159.0593 Determination of whether proposed protected person is prohibited from possessing firearm under federal law. 1. If the court orders a general guardian appointed for a proposed protected person, the court shall determine, by clear and convincing evidence, whether the p…

NRS 159.0594 Determination of whether proposed protected person lacks mental capacity to vote. 1. A protected person retains his or her right to vote unless the court specifically finds by clear and convincing evidence that the protected person lacks the mental capacity to vote b…