Existing law establishes procedures relating to the appointment of guardians of minors and prescribes the powers and duties of the guardians. (Chapter 159A of NRS) Specifically, existing law requires a notice of a petition in a guardianship proceeding for a minor, the petition and a citation relating to the time and place of the hearing on the petition to be served on certain persons. (NRS 159A.034, 159A.047, 159A.0475) Sections 3, 8 and 9 of this bill make various changes related to the persons who are required to be served with the notice, petition or citation. Existing law prescribes the method of service related to certain petitions and citations required to be served in guardianship proceedings for minors. (NRS 159A.034, 159A.0475, 159A.052, 159A.053) Sections 3, 9, 13 and 14 of this bill make various changes related to the method of service. Existing law requires a petition for the appointment of a guardian for a minor to include certain information. (NRS 159A.044) Similarly, existing law sets forth the information that must be contained in a petition for the appointment of a temporary guardian of a minor. (NRS 159A.053) Sections 4 and 14 of this bill revise the information that is required to be contained in the petition for the appointment of a guardian and a petition for the appointment of a temporary guardian, respectively. Existing law requires a proposed guardian to file a proposed preliminary care plan and budget under certain circumstances. (NRS 159A.0445) Section 5 of this bill: (1) expands the circumstances under which a proposed guardian may be required to file a proposed preliminary care plan and budget; and (2) requires the annual review and revision of the budget under certain circumstances. Existing law authorizes a court to appoint an attorney to represent a protected minor or proposed protected minor in guardianship proceedings. (NRS 159A.045) Section 6 of this bill provides that if a court appoints an attorney to represent a protected minor or proposed protected minor in a jurisdiction where there are certain established programs for legal services, the court must appoint an attorney from that program in those circumstances. Section 6 also establishes provisions that address the scenario under which the program for legal services has insufficient funding to support the representation of each child who would otherwise qualify for the appointment of an attorney under the new procedures and requires such attorneys to comply with the Nevada Rules of Professional Conduct. Sections 7 and 10 of this bill make certain changes to reflect the procedures for the appointment of an attorney under section 6. Section 11 of this bill deems a protected minor or proposed protected minor who is the subject of guardianship proceedings to be a party to the proceedings. Existing law authorizes a court to determine that a petitioner is a vexatious litigant under certain circumstances. (NRS 159A.0486) Section 12 of this bill expands the circumstances under which a court may find that a petitioner is a vexatious litigant to include certain acts involving a parent of a protected minor or proposed protected minor. Existing law authorizes a person to petition the court for the appointment of a temporary guardian under certain circumstances. (NRS 159A.052, 159A.053) Sections 13 and 14 make various changes to these procedures for the purpose of providing that a court may require a hearing on the petition before determining the need to appoint a temporary guardian. Existing law requires a proposed protected minor to attend a hearing for the appointment of a guardian unless certain evidence is shown to the court. (NRS 159A.0535) Section 15 of this bill removes this requirement related to the evidence and instead authorizes the court to waive the requirement for physical attendance or remote appearance for good cause shown. Existing law establishes various procedures related to the issuance of orders for the appointment of a guardian and the burden of proof for the petitioner and certain other persons. (NRS 159A.055, 159A.0565, 159A.061) Section 16 of this bill requires the petitioner to prove by clear and convincing evidence that the appointment of a guardian is in the best interests of the proposed protected minor. Sections 16-18 of this bill also make various changes related to the issuance of such orders. Existing law requires a guardian of a protected minor to perform certain duties that are necessary for the proper care, maintenance, education and support of the protected minor. (NRS 159A.079) Section 20 of this bill additionally requires a guardian to facilitate appropriate contact between a protected minor and each parent of the protected minor under certain circumstances. Existing law establishes certain requirements relating to the placement of a protected minor in a secured residential long-term care facility. (NRS 159A.079, 159A.0807) Sections 20 and 21 of this bill make these requirements applicable to the placement of a protected minor in a facility that provides residential treatment. Sections 20 and 22 of this bill also remove certain unnecessary references to the employment of certain providers of health care by the Department of Veterans Affairs. Existing law requires a guardian of a protected minor to file an annual report and prescribes the required contents of the report. (NRS 159A.081) Section 23 of this bill requires the report to include the frequency of visitation between the protected minor and any parent of the protected minor. Existing law establishes the duties of a guardian of the estate of a protected minor. (NRS 159A.083) Section 24 of this bill revises and expands the duties of a guardian of the estate related to investing, financial accounting, the expenditure of money and the management of certain other property. Section 27 of this bill makes similar changes concerning the expenditure of money related to a guardian of a protected minor who is not a guardian of the estate of a protected minor. (NRS 159A.112) Sections 19, 25-31, 36 and 39 of this bill make various other changes related to the estate of a protected minor. Existing law requires a guardian to notify the court if the guardian is subject to certain disqualifying events. (NRS 159A.1852) Section 32 of this bill removes certain circumstances under which a guardian is required to provide such notice. Existing law authorizes certain persons to petition the court to remove a guardian. (NRS 159A.1853) Section 33 of this bill revises the persons who may file such a petition by removing the authority of a public guardian to file the petition and additionally authorizing an attorney of a protected minor or agency which provides child welfare services to file the petition. Section 37 of this bill requires a court to consider certain factors related to petitions filed by the parent of a protected minor. (NRS 159A.1915) Sections 33, 35, 38 and 40 of this bill revise the remedial actions that can be taken by a court under certain circumstances. Existing law authorizes a court to appoint another guardian when a guardian dies or is removed by an order of the court. (NRS 159A.187) Section 34 of this bill requires the court to provide notice of the matter to an agency which provides child welfare services if a guardian dies or is removed and there is not a qualified guardian or temporary substitute guardian willing to serve. Section 1 of this bill defines the term “agency which provides child welfare services” for the purposes of the provisions of law governing guardianships of minors. Section 2 of this bill makes a conforming change to indicate that the definition applies to the existing provisions of law. Section 42 of this bill repeals various provisions of law related to the guardianship of minors. Sections 2-4, 8 and 9 of this bill make conforming changes relating to the repeal of such provisions.

Statutes affected:
As Introduced: 159A.013, 159A.034, 159A.044, 159A.0445, 159A.045, 159A.0455, 159A.047, 159A.0475, 159A.048, 159A.0483, 159A.0486, 159A.052, 159A.053, 159A.0535, 159A.055, 159A.0565, 159A.061, 159A.076, 159A.079, 159A.0807, 159A.0809, 159A.081, 159A.083, 159A.085, 159A.103, 159A.112, 159A.113, 159A.117, 159A.127, 159A.183, 159A.1852, 159A.1853, 159A.187, 159A.1905, 159A.191, 159A.1915, 159A.315, 159A.344, 159A.346, 253.200
Reprint 1: 159A.013, 159A.034, 159A.044, 159A.0445, 159A.045, 159A.0455, 159A.047, 159A.0475, 159A.048, 159A.0483, 159A.0486, 159A.052, 159A.053, 159A.0535, 159A.055, 159A.0565, 159A.061, 159A.076, 159A.079, 159A.0807, 159A.0809, 159A.081, 159A.083, 159A.085, 159A.103, 159A.112, 159A.113, 159A.117, 159A.127, 159A.183, 159A.1852, 159A.1853, 159A.187, 159A.1905, 159A.191, 159A.1915, 159A.315, 159A.344, 159A.346
BDR: 159A.013, 159A.034, 159A.044, 159A.0445, 159A.045, 159A.0455, 159A.047, 159A.0475, 159A.048, 159A.0483, 159A.0486, 159A.052, 159A.053, 159A.0535, 159A.055, 159A.0565, 159A.061, 159A.076, 159A.079, 159A.0807, 159A.0809, 159A.081, 159A.083, 159A.085, 159A.103, 159A.112, 159A.113, 159A.117, 159A.127, 159A.183, 159A.1852, 159A.1853, 159A.187, 159A.1905, 159A.191, 159A.1915, 159A.315, 159A.344, 159A.346, 253.200