Existing law sets forth the procedures and requirements relating to the appointment of a guardian for a proposed protected person who is an adult. (Chapter 159 of NRS) Section 1.3 of this bill defines the term “less restrictive alternatives to guardianship” and section 1.7 of this bill defines the term “power of attorney” for the purposes of the provisions of law governing guardianship of adults. Existing law: (1) authorizes a proposed protected person, a governmental agency, a nonprofit organization or an interested person to petition the court for the appointment of a guardian; (2) requires such a petition to include certain information; and (3) requires that the petitioner provide the court with an assessment of the needs of the proposed protected person, which must be completed by a licensed physician. (NRS 159.044) Section 4 of this bill requires a petition for the appointment of a guardian to contain an attestation that information on less restrictive alternatives to guardianship has been provided to the proposed protected person. Section 4 also requires that a licensed physician completing such an assessment include a determination of whether less restrictive alternatives to guardianship are available and sufficient to support the needs of the proposed protected person. Existing law requires a guardian of the person to make a written report containing certain information, file the report with the court and serve the report on the protected person and any attorney for the protected person. (NRS 159.081) Section 5 of this bill requires that such a report include an explanation as to why less restrictive alternatives to guardianship in lieu of the guardianship are not being considered. Existing law authorizes a protected person, the guardian or another person to petition the court for the termination or modification of a guardianship. Existing law provides that for such a petition to be granted, the petitioner must prove that the termination or modification of the guardianship is in the best interests of the protected person. (NRS 159.1905) Section 6 of this bill provides that such a petition may also be granted if the petitioner shows that the protected person has entered into a less restrictive alternative to a guardianship in lieu of the guardianship. Existing law: (1) sets forth certain procedures for a court to transfer a guardianship or conservatorship order from another state to this State; (2) requires that a petition to transfer include certain information; (3) with certain exceptions, requires a court to issue a provisional order and final order granting a petition to transfer in certain circumstances; and (4) requires a court to recognize a guardianship or conservatorship order from another state in certain circumstances. (NRS 159.2024) Section 6.5 of this bill requires that a petition to transfer must also include: (1) proof that less restrictive alternatives to guardianship were considered; and (2) an explanation as to why less restrictive alternatives to guardianship are not reasonable alternatives to guardianship. Section 6.5 provides that a court may deny a petition to transfer if the court has previously denied a petition to transfer the guardianship or conservatorship because less restrictive alternatives to guardianship for the protected person were not considered, either in this State or in the state from which the petition seeks to transfer the order. Section 6.5 also provides that if a court finds that less restrictive alternatives to guardianship have not been considered for the protected person either in this State or in the state from which the petition seeks to transfer the order, the court: (1) is not required to recognize a guardianship or conservatorship order from the other state; and (2) may deny a petition to transfer. Existing law establishes the Protected Persons' Bill of Rights, which sets forth certain specific rights of each protected person. (NRS 159.327, 159.328) Section 7 of this bill provides that a protected person has the right to be educated about less restrictive alternatives to guardianship.

Statutes affected:
As Introduced: 159.013, 159.019, 159.044, 159.081, 159.1905, 159.328
Reprint 1: 159.013, 159.044, 159.081, 159.1905, 159.2024, 159.328
Reprint 2: 159.013, 159.044, 159.081, 159.1905, 159.2024, 159.328
As Enrolled: 159.013, 159.044, 159.081, 159.1905, 159.2024, 159.328
BDR: 159.013, 159.019, 159.044, 159.081, 159.1905, 159.328