Guardianship

Guardianship- a guardian has the care, custody and control of the person and has the legal authority to consent to things concerning the daily care of the child.

An appointment of guardian suspends the biological parent’s authority, but it does not terminate the parent’s rights.  A guardian is required to provide all of the child’s basic needs (education, medical care, shelter, etc.)  The biological parents are still financially responsible for the child.

NRS 159.079 General functions of guardian of person.

1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the ward, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the ward, including the following:

• Supplying the ward with food, clothing, shelter and all incidental necessaries.
• Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward.
• Seeing that the ward is properly trained and educated and that the ward has the opportunity to learn a trade, occupation or profession.

2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the ward. A 0guardian of the person is not required to incur expenses on behalf of the ward except to the extent that the estate of the ward is sufficient to reimburse the guardian.

3. This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
(Added to NRS by 1969, 418; A 1999, 1399; 2003, 1786)

Different types of guardianships:

• Guardian Ad Litem-

Qualification of a Guardian:

• Any person the court finds suitable to serve as guardian.
• Must be a Nevada resident

A person who is not suitable:

• Statute text
• NRS 159.017
  (Added to NRS by 1969, 412; A 1971, 1010; 1981, 1933; 1999, 849)
• NRS 159.025
  (Added to NRS by 1969, 412)
• NRS 159.027 “Ward” defined. “Ward” means any person for whom a guardian has been appointed.
  (Added to NRS by 1969, 412)

NRS 159.059 Qualifications of guardian. Except as otherwise provided in NRS 159.0595, any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who:

• Is an incompetent.
• Is a minor.
• Has been convicted of a felony relating to the position of a guardian, unless the court finds that it is in the best interests of the ward to appoint the convicted felon as the guardian of the ward.

Has been suspended for misconduct or disbarred from:

• The practice of law;
• The practice of accounting; or
• Any other profession which:
  1. Involves or may involve the management or sale of money, investments, securities or real property; and
  2. Requires licensure in this State or any other state,
  during the period of the suspension or disbarment.
• Is a nonresident of this State and:
  (a) Is not a foreign guardian of a nonresident proposed ward pursuant to subsection 2 of NRS 159.049;
  (b) Has not associated as a coguardian, a resident of this State or a banking corporation whose principal place of business is in this State; and
  (c) Is not a petitioner in the guardianship proceeding.

Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect or exploitation of a child, spouse, parent or other adult, unless the court finds that it is in the best interests of the ward to appoint the person as the guardian of the ward.
(Added to NRS by 1969, 415; A 1971, 158; 1979, 788; 1999, 1399; 2003, 1782, 2691; 2005, 816)

PROCEDURE IN GUARDIANSHIP PROCEEDINGS

NRS 159.034

• Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on the petition to:
  (a) Each interested person or the attorney of the interested person;
  (b) Any person entitled to notice pursuant to this chapter or his attorney; and
  (c) Any other person who has filed a request for notice in the guardianship proceedings.
• The petitioner shall give notice not later than 10 days before the date set for the hearing:
  (a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;
  (b) By personal service; or
  (c) In any other manner ordered by the court, upon a showing of good cause.
• If the address or identity of a person required to be notified of a hearing on a petition pursuant to this section is not known and cannot be ascertained with reasonable diligence, notice must be given:
  (a) By publishing a copy of the notice in a newspaper of general circulation in the county where the hearing is to be held at least once every 7 days for 21 consecutive days, the last publication of which must occur not later than 10 days before the date set for the hearing; or
  (b) In any other manner ordered by the court, upon a showing of good cause.
• For good cause shown, the court may waive the requirement of giving notice.
• A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.
• On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.
  (Added to NRS by 2003, 1768)

LONG TERM GUARDIANSHIP

This ends when the child turns age eighteen, the child dies, or a court order determining that guardianship is no longer needed.

NRS 159.044 Petition for appointment of guardian: Who may submit; content.

• Except as otherwise provided in NRS 127.045, a proposed ward, 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, without limitation:
  (a) The name and address of the petitioner.
  (b) The name, date of birth and current address of the proposed ward.
  (c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:
  (1) A social security number;
  (2) A taxpayer identification number;
  (3) A valid driver’s license number;
  (4) A valid identification card number; or
  (5) A valid passport number.

If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.

If the proposed ward is a minor, the date on which he will attain the age of majority and:

• Whether there is a current order concerning custody and, if so, the state in which the order was issued; and
• Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.

Whether the proposed ward is a resident or nonresident of this State.
The names and addresses of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree of consanguinity.
The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

• A social security number;
• A taxpayer identification number;
• A valid driver’s license number;
• A valid identification card number; or
• A valid passport number.
• Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which he was convicted and whether the proposed guardian was placed on probation or parole.

A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation may include, without limitation:

• A certificate signed by a physician who is licensed to practice medicine in this State stating the need for a guardian;
• A letter signed by any governmental agency in this State which conducts investigations stating the need for a guardian; 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 appointment of a general or a special guardian is sought.
• A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
• The name and address of any person or care provider having the care, custody or control of the proposed ward.
• The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
• Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
• Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides child welfare services. As used in this paragraph, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
• Whether the proposed ward is a party to any pending criminal or civil litigation.
• Whether the guardianship is sought for the purpose of initiating litigation.
• Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

(Added to NRS by 1981, 1931; A 1989, 533; 1995, 1076, 2771; 1997, 1343; 1999, 1396; 2001 Special Session, 15; 2003, 1772; 2005, 815; 2007, 2025, 2075)

SHORT TERM GUARDIANSHIP

A short term guardianship is usually for a term of six months unless a shorter term is specified.

NRS 159.205 Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination.

• Except as otherwise provided in this section or NRS 127.045, a parent, without the approval of a court, may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.
• The appointment of a short-term guardianship is effective for a minor who is 14 years of age or older only if the minor provides written consent to the guardianship.
• The appointment of a short-term guardian does not affect the rights of the other parent of the minor.

A parent shall not appoint a short-term guardian for a minor child if the minor child has another parent:

• Whose parental rights have not been terminated;
• Whose whereabouts are known; and
• Who is willing and able to make and carry out daily child care decisions concerning the minor,
• unless the other parent of the minor child provides written consent to the appointment.

The written instrument appointing a short-term guardian becomes effective immediately upon execution and must include, without limitation:

• The date on which the guardian is appointed;
• The name of the parent who appointed the guardian, the name of the minor child for whom the guardian is appointed and the name of the person who is appointed as the guardian; and
• The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian. The parent and guardian are not required to sign and acknowledge the instrument in the presence of the other.

The short-term guardian appointed pursuant to this section serves as guardian of the minor for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.

Only one written instrument appointing a short-term guardian for the minor child may be effective at any given time.

The appointment of a short-term guardian pursuant to this section:

• May be terminated by an instrument in writing signed by either parent if that parent has not been deprived of the legal custody of the minor.
• Is terminated by any order of a court of competent jurisdiction that appoints a guardian.

(Added to NRS by 1969, 194; A 1969, 434; 1989, 534; 2003, 1802)

 

Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court. “Proposed ward” defined. “Proposed ward” means any person for whom proceedings for the appointment of a guardian have been initiated. “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 a special guardian.

• A person suspected for misconduct or disbarred from the practice of law (during the period of suspension or disbarment only.)
• A person judicially determined to have committed abuse, neglect or exploitation of another person.
• A felon convicted of a certain crimes involving abuse or neglect or financial crimes.
• A minor
• Must be competent.
• this is a Court appointed person (usually an attorney) appointed to represent the child in litigation proceedings.
• Guardian Ad Litem (defined below)
• long term- guardianship ends when the child reaches eighteen
• short term- six months or less
• co-guardians (see NRS 159.057)
• guardianship of an estate- a person designated by the court to oversee the child’s financial matters
• guardianship of an adult
• temporary guardianship- risk of physical harm or immediate medical attention is required (see NRS 159.052) or risk of financial loss (see NRS 159.0525)

 

© Willick Law Group