Existing law authorizes any person requesting to nominate another person to be appointed as his or her guardian to complete a form requesting to nominate a guardian. (NRS 159.0753) Existing law also authorizes the Secretary of State to establish and maintain the Nevada Lockbox, which is an electronic registry where a person may register a form requesting to nominate a guardian, among other documents. (NRS 225.360) Section 1 of this bill authorizes a parent or guardian of a minor who wishes to request to nominate another person to be appointed as the guardian for the minor to complete a form requesting to nominate a guardian of the minor. Section 1 clarifies that a person nominated to be a guardian of a minor is required to obtain appointment from a court before exercising the power of a guardian. Section 3 of this bill requires a court to consider a form requesting to nominate a guardian of a minor in determining which person is most suitable to be the guardian for the minor. Section 4 of this bill includes a form requesting to nominate a guardian of a minor in the list of documents that may be submitted for inclusion in the Nevada Lockbox. Sections 4.5 and 5.5 of this bill remove the authority of the Secretary of State to charge and collect a fee for the registration of a will or other document in the Nevada Lockbox. Section 5 of this bill authorizes the Secretary of State to provide access to the lockbox when required by a court, hospital, law enforcement agency or other entity that needs to determine whether a person has designated a guardian for a minor. Section 7 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Existing law establishes a procedure by which a petitioner may request the appointment of a temporary guardian for the person or estate, or both, of a proposed protected minor in circumstances where it is not feasible or would be harmful to notify the persons and entities who are normally entitled to notice of a guardianship hearing. Existing law presumes that temporary guardianship is in the best interest of the minor if no parent has had the care, custody and control of the minor for the immediately preceding 6 months. (NRS 159A.053) Section 2 of this bill creates an additional presumption that a temporary guardianship is in the best interest of the proposed protected minor during a period of time in which no parent has the care, custody and control of the minor due to one or both parents being separated from the minor due to a federal immigration order.

Statutes affected:
As Introduced: 159A.053, 159A.061, 225.330, 225.380, 422A.650, 432B.4665
Reprint 1: 159A.053, 159A.061, 225.330, 225.370, 225.380, 225.410, 432B.4665
Reprint 2: 159A.053, 159A.061, 225.330, 225.370, 225.380, 225.410, 432B.4665
As Enrolled: 159A.053, 159A.061, 225.330, 225.370, 225.380, 225.410, 432B.4665
BDR: 159A.053, 159A.061, 225.330, 225.380, 422A.650, 432B.4665