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) Existing law requires a petitioner seeking the appointment of a guardian for a proposed protected person to provide the court with certain information and an assessment of the needs of the proposed protected person completed by a licensed physician. The assessment must identify certain limitations of capacity of the proposed protected person and determine whether less restrictive alternatives to guardianship are available and sufficient to support the needs of the proposed protected person. (NRS 159.044) Section 1 of this bill additionally authorizes completion of the assessment by a physician employed by the Department of Veterans Affairs or by any other person whom the court finds qualified to execute a certificate demonstrating the need for a guardian.
Existing law authorizes a court to grant a summary administration of a guardianship estate if, after payment of all claims and expenses of the guardianship, the value of the property of the protected person does not exceed $10,000 and requires a guardian granted a summary administration to take certain actions if the net value of the estate later exceeds $10,000. (NRS 159.076) Section 2 of this bill increases from $10,000 to $25,000 each of these monetary thresholds.
Existing law requires a general or special guardian of the estate to make and file a verified inventory of all of the property of the protected person not later than 60 days after the date of the appointment of the guardian, unless the court allows additional time. (NRS 159.085) Section 3 of this bill extends the period for filing such an inventory from 60 days to 90 days.
Existing law requires a guardian of the estate or special guardian who is authorized to manage the property of the protected person to make and file a verified account in certain circumstances, including within 30 days after the date of removal of the guardian, unless the court authorizes a longer period. (NRS 159.177) Section 4 of this bill extends from 30 days to 90 days the period within which a removed guardian is required to file the account if a successor guardian is appointed, unless the court authorizes a longer period.
Existing law generally authorizes a guardian of the estate to retain possession of the property of the protected person and perform certain duties to wind up the affairs of the guardianship for not more than 180 days after the termination of the guardianship or for a period that the court determines is reasonable and necessary, subject to certain exceptions. One such exception authorizes the court to allow the guardian to retain possession of the property for more than 180 days if the guardian is awaiting certification acknowledging that the guardian has no further liability for taxes on the estate. (NRS 159.193) Section 5 of this bill increases each of these 180-day periods to 270 days.