Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
A proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.
To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include:
(a) The name and address of the petitioner.
(b) The name, date of birth and current address of the proposed protected person.
(c) A copy of one of the following forms of identification of the proposed protected person which must be placed in the records relating to the guardianship proceeding and photo identification.
(d) Whether the proposed protected person is a resident or nonresident of Nevada.
(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 address of the proposed 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. The term “protected person” includes a protected minor.
(g) A government-issued identification of the proposed guardian;
(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 Nevada or a letter signed by any governmental agency in Nevada which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating the need for a guardian, whether the proposed protected person presents a danger to himself or herself or others, whether the attendance of the proposed protected person at a hearing would be detrimental to the proposed protected person, whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding, and whether the proposed protected person is capable of living independently with or without assistance.
(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 appointment 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.
(l) The name and address of any person or care provider having the care, custody or control of the proposed protected person.
Any court of competent jurisdiction may appoint: (1) a guardian of the person, or of the estate, or of the person and the estate, for persons who are incapacitated and whose home state is Nevada; a guardian of the person or of the person and estate for non-resident persons who are incapacitated and are physically present in Nevada, (3) a guardian of the estate for nonresident persons who are incapacitated who have property within Nevada.
Notice of Hearing:
No less than 10 days before a hearing on the issue of incapacity, a petitioner in a guardianship proceeding must give notice of the time and place of the hearing to the protected person’s spouse, parents, siblings, children, grandparents, grandchildren, aunts, uncles, nephews, nieces, and half-siblings; the person’s guardian, if the petitioner is not the guardian; any person providing care for the protected person; any office of the Department of Veterans Affairs in Nevada if the person is receiving any payments or benefits through the Department of Veterans Affairs; the Director of the Department of Health and Human Services if the person has received or is receiving benefits from Medicaid; anyone entitled to notice if the proceeding were being held in the person’s home state; and any other interested person who has filed a request for notice in the guardianship proceedings.
Examinations, Evaluations, and Interviews:
The petitioner must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician, identifying the limitations of the person’s capacity and how those limitations affect the person’s ability to maintain his or her safety and basic needs.
Adjudication and Disposition:
If the court finds that the appointment of a general guardian is required, the court will appoint a general guardian of the person, estate, or person and estate of the proposed protected person.
Nev. Rev. Stat. § 159.044
Nev. Rev. Stat. § 159.047
Nev. Rev. Stat. § 159.0475
Nev. Rev. Stat. § 159.0487