Nevada 2023 Regular Session Status: In Committee

AB 381 — Revises provisions governing guardianship. (BDR 13-302)

Last action — (Pursuant to Joint Standing Rule No. 14.3.2, no further action allowed.)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1031 added · 1059 removed

Plain-language change summary

The recent amendments to Bill AB 381 clarify and enhance the process for appointing guardians ad litem, who represent individuals in legal matters. Key changes include requiring courts to clearly define the roles and duties of these guardians and allowing the protected person to challenge their appointment before any services are provided. Additionally, the amendments set specific compensation rates for guardians, ensuring that court-appointed attorneys do not charge more than usual rates. These changes aim to protect the interests of vulnerable individuals and ensure transparency in legal proceedings.

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A.B.
(Reprinted with amendments adopted on April 21, 2023) FIRST REPRINT A.B.
Section 1 also makes a technical change to reorganize certain requirements relating to the information and documentation that must be filed with a petition.
Existing law authorizes a court to appoint a person to represent a protected person or proposed protected person as a guardian ad litem if the court believes that appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person.
person or proposed protected person as a guardian ad litem if the court believes that the protected person or proposed protected person will benefit from the appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person.
Existing law requires the guardian ad litem to represent the protected person or proposed protected person until relieved of that duty by court order.
- *AB381* – 2 – proposed protected person until relieved of that duty by court order.
Existing law - *AB381_R1* – 2 – ad litem to represent a protected person or proposed protected person if a court-an approved volunteer advocate program for guardians ad litem has been established in the judicial district.
Existing law further authorizes a court to appoint a person who is not an attorney as a guardian ad litem to represent a protected person or proposed protected person if a court- approved volunteer advocate program for guardians ad litem has been established in the judicial district.
(2) authorizes the protected person or proposed protected person to object to the commences performing services;
(2) authorizes the protected person or proposed protected person to object to the appointment and to have a hearing on the objection before the guardian ad litem commences performing services;
(3) requires, rather than authorizes, a court to appoint a person who is not an attorney as a guardian ad litem to represent a protected person or proposed protected person if a court-approved volunteer advocate program for guardians ad litem has been established in the judicial district;
(3) clarifies that the appointment of a guardian ad protected person or proposed protected person;
(4) clarifies that the appointment of a guardian ad litem does not relieve the court of its obligation to appoint counsel to represent the protected person or proposed protected person;
(4) requires the court, in the orderthe of appointment, to set the hourly rate of compensation for the guardian ad litem and, unless the guardian ad litem is a volunteer;
(5) requires the court, in the order of appointment, to set the hourly rate of compensation for the guardian ad litem;
(5) provides that if the guardian ad litem is an attorney, the hourly rate of compensation set by the court must not exceed the customary hourly rate of compensation for a guardian ad litem who is not an attorney.
and (6) provides that if the guardian ad litem is an attorney, the hourly rate of compensation set by the litem who is not an attorney.tomary hourly rate of compensation for a guardian ad Existing law:
Existing law:
and (2) requires the petitioner to support such a request with documentation that shows the proposed protected person faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention.
and (2) requires the petitioner to support such a request with documentation that shows the proposed protected medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention.
(1) requires the petitioner to set forth in the petition and present under oath a detailed explanation of the substantial and immediate risk of physical harm the proposed protected needs but lacks capacity to respond to the risk of harm or obtain the necessary medical attention;
(1) requires the petitioner to set forth in the petition and present under oath a detailed explanation of the substantial and immediate risk of physical harm the proposed protected person faces or the immediate medical attention the proposed protected person needs and lacks capacity to respond to the risk of harm or obtain the necessary medical attention;
and (2) provides that if the court appoints a temporary guardian, the court must limit the authority of the temporary guardian to that which is necessary to respond to a specific risk of harm or to a specific need for immediate medical attention identified in the petition.
and (2) provides that if the court appoints a temporary guardian, the court must limit the authority of the temporary guardian to that which is necessary to respond to a specific risk of harm or to a specific need for immediate medExisting law authorizes a petitioner to request that the court appoint a temporary guardian for a protected person who is unable to respond to a substantial and immediate risk of financial loss.
Existing law authorizes a petitioner to request that the court appoint a temporary guardian for a protected person who is unable to respond to a substantial and immediate risk of financial loss.
(NRS 159.0525) Section 4 of this bill provides that any court order for the appointment of a temporary guardian or to extend a temporary guardianship must state the specific substantial and immediate risk of financial loss, the powers of the temporary guardian and the reasons that the powers of the temporary guardian are necessary to address the specific substantial and immediate risk of financial loss.
(NRS 159.0525) Section 4 of this bill provides that any court order for the appointment of a temporary guardian or to extend a financial loss, the powers of the temporary guardian and the reasons that the powers of the temporary guardian are necessary to address the specific substantial and immediate risk of financial loss.
(1) dismiss a petition for the appointment of a guardian if the court finds that the proposed protected person is not incapacitated and is not in need of a guardian;
(1) dismiss a petition for the appointment of and is not in need of a guardian;
and (2) appoint a guardian if the court finds that appointment of a guardian is required.
and (2) appoint a guardian if the court finds thatd appointment of a guardian is required.
(1) dismiss a petition if the court finds that either the proposed protected person is not incapacitated and is not in need of a guardian or that there person;
(1) dismiss a petition if the court finds that either the proposed protected person is not incapacitated and is not in need of a guardian or that there are less restrictive alternatives to guardianship available to the proposed protected person;
Existing law requires the court to include certain information in an order appointing a guardian.
Existing law requires the court to include certain information in an order of appointment must state that there are no less restrictive alternatives to order guardianship available to the proposed protected person and that the proposed protected person is in need of a guardian.
(NRS 159.055) Section 6 of this bill requires that an order - *AB381* – 3 – guardianship available to the proposed protected person and that the proposed protected person is in need of a guardian.
Existing law provides that subject to the discretion and approval of the court, a guardian must be allowed reasonable compensation for his or her services and - *AB381_R1* – 3 – professional services.
Existing law provides that subject to the discretion and approval of the court, a guardian must be allowed reasonable compensation for his or her services and reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.
Existing law authorizes the court to consider certain factorsr in determining whether the compensation is reasonable.
Existing law authorizes the court to consider certain factors in determining whether the compensation is reasonable.
(1) provides that a guardian is not allowed reasonable expenses incurred proceeding;
(1) provides that a guardian is not allowed reasonable expenses incurred for retaining attorneys to represent a petitioner or guardian in the guardianship proceeding;
Existing law provides that for such a petition to be granted, the petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship is in the best interests of the protected person.
Existing proof to show by clear and convincing evidence that the termination ors the burden of modification of the guardianship is in the best interests of the protected person.
(1) the petitioner to present prima facie evidence showing that the guardianship is no longer necessary or in the the protected person have changed such that the powers of the guardian should bes of modified;
(1) the petitioner to present prima facie evidence showing that the guardianship is no longer necessary or in the best interests of the protected person and should be terminated or that the needs of the protected person have changed such that the powers of the guardian should be modified;
and (2) the court to terminate the guardianship if it is shown by clear and convincing evidence that the guardianship is no longer necessary or in the best interests of the protected person or to modify the guardianship if it is shown by clear and convincing evidence that the needs of the protected person have changed such that the powers of the guardian should be modified.
and (2) the court to terminate the guardianship if it is shown by clear and convincing evidence that the guardianship is no longer necessary or in the best interests of the protected person or to modify the guardianship if it is shown by such that the powers of the guardian should be modified.
or (2) modifying changed such that the powers of the guardian should be modified.
or (2) modifying the guardianship unless it is shown that the needs of the protected person have changed such that the powers of the guardian should be modified.
Section 8 have additionally requires the court, in ruling on a petition to terminate a guardianship, to consider whether less restrictive alternatives to a guardianship are available to the protected person.
Section 8 additionally requires the court, in ruling on a petition to terminate a guardianship, to consider whether less restrictive alternatives to a guardianship are available to the protected person.
Finally.
Finally, section 8 authorizes the protected person to seek circumstances.orney’s fees from any person who opposed the petition under certain Existing law establishes the Protected Persons’ Bill of Rights, which sets forth certain specific rights of each protected person.
section 8 authorizes:
(NRS 159.327, 159.328) Existing law authorizes, for good cause, a guardian to petition a court to issue an order restricting the ability of a relative or person of natural affection to communicate, visit or interact with the protected person.
(1) the protected person to seek reasonable attorney’s fees from any person who opposed the petition if the protected person prevails on a petition for termination or modification;
and (2) the court to impose sanctions on the objector in an amount sufficient to reimburse the estate of the protected person for expenses and any other losses incurred as the result of the objection.
certain specific rights of each protected person.
(NRS 159.327, 159.328) Existingth law authorizes, for good cause, a guardian to petition a court to issue an order restricting the ability of a relative or person of natural affection to communicate, visit or interact with the protected person.
(1) clarifies that the right of a protected person to communicate, visit and interact with other persons includes, without limitation, the right to have regular contact through telephone calls and personal mail and have visitors, unless his or her guardian and the court determine the particular communications or interactions or a particular visitor will cause harm to the protected person;
(1) clarifies that the right of a protected person to communicate, visit and interact with other persons includes, without limitation, the right to have regular contact through telephone calls and personal mail and have visitors, unless his or her guardian and visitor will cause harm to the protected person;
and (2) adds the right to deny bill:
and (2) adds the right to denyar communication, visitation or interaction with another person.
(1) prohibits a court, under any circumstances, from issuing an order requiring a protected person to communicate, visit or interact with a person;
Section 10 of this bill:
(1) prohibits a court, under any circumstances, from issuing an order requiring a protected person to communicate, visit or interact with a relative or a person of natural affection;
- *AB381* – 4 – Section 11 of this bill places the burden of proof on the guardian if he or she opposes a petition filed by the protected person to modify or restrict an order restricting communication, visitation or interaction between a protected person and a relative or person of natural affection.
Section 11 of this bill places the burden of proof on the guardian if he or she opposes a petition filed by the protected person to between a protected person and a relative or person of natural affection.raction Existing law authorizes a person who is liable for attorney’s fees and costs incurred for retaining an attorney to represent a party in a guardianship proceeding to petition the court for an order authorizing payment for such fees and costs from the estate of a protected person.
incurred for retaining an attorney to represent a party in a guardianship proceeding to petition the court for an order authorizing payment for such fees and costs from the estate of a protected person.
Existing law sets forth a list of factors that the court - *AB381_R1* – 4 – may consider in determining whether attorney’s fees are just, reasonable and necessary.
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Existing law sets forth a list of factors that the court may consider in determining whether attorney’s fees are just, reasonable and necessary.
(NRS 159.344) Section 12 of this bill:
(NRS 159.344) Section12 of this bill:
(2) prohibits the court from a different type of professional;
(2) requires the court, regardless order written findings on the list of factors;
(3) clarifies certain provisions in the list of factors;
(3) provides that a guardian is notts allowed attorney’s fees for services incurred by the guardian as a result of a petition to have him or her removed as guardian if the court removes the guardian;
(4) requires the court, regardless of whether or not the court orders the payment of attorney’s fees, to include in its order written findings on the list of factors;
and (4) prohibits the award of attorney’s fees if the person who petitions the court for attorney’s fees failed to file the required written notice.
and (5) provides that a guardian is not allowed attorney’s fees for services incurred by the guardian as a result of a petition to have him or her removed as guardian if the court removes the guardian.
or (3) ordering or authorizing a guardian to consent to experimental medical, biomedical or behavioral treatment of a protected person, the participation of a protected person in any biomedical or behavioral experiment or the sterilization of a protected person.
or (3) ordering or authorizing a guardian to consent to experimental medical, biomedical or behavioral treatment of a protected person, or the sterilization of a protected person.any biomedical or behavioral experiment THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *AB381* – 5 – (4) A valid identification card number;
(4) A valid identification card 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 information required pursuant to this paragraph is not included with the petition, the information must be provided to the - *AB381_R1* – 5 – court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.
(i) [A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship.
(i) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship.
(1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the - *AB381* – 6 – Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:
(1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:
(II) Whether the proposed protected person presents a danger to himself or herself or others;
- *AB381_R1* – 6 – (II) Whether the proposed protected person presents a danger to himself or herself or others;
and (2)] If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person.
and (2) If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person.
- *AB381* – 7 – (q) Whether the guardianship is sought for the purpose of initiating litigation.
(q) Whether the guardianship is sought for the purpose of initiating litigation.
(r) Whether the proposed protected person 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.
(r) Whether the proposed protected person has executed a durable power of attorney for health care, a durable power of - *AB381_R1* – 7 – attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.
[Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs.
Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs.
The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed.] A petition pursuant to this section must include a summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship.
The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed.
The documentation must be attached to the petition.
Sec.
The documentation must include, without limitation:
(a) An assessment of the needs of the proposed protected person completed by a licensed physician, psychologist or psychiatrist who identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs;
and (b) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:
(1) The need for a guardian;
(2) Whether the proposed protected person presents a danger to himself or herself or others;
(3) Whether the attendance of the proposed protected person at a hearing would be detrimental to the proposed protected person;
(4) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding;
and (5) Whether the proposed protected person is capable of living independently with or without assistance.
- *AB381* – 8 – Sec.
If the protected person or proposed protected person does not file an objection within 21 days after receiving notice of the appointment, the guardian ad litem [.] may commence performing services.
If the protected person or proposed protected person does not file an objection within 10 days after receiving notice of the appointment, the guardian ad litem [.] may commence performing services.
If the protected person or proposed protected person files an objection within 21 days after receiving notice of the appointment, the matter must be set for a hearing and the guardian ad litem shall not commence performing services unless and until the court enters an order overruling the objection and confirming the order of appointment.
If the protected person or proposed protected person files an objection within 10 days after receiving notice of the appointment, the matter must be set for a hearing and the guardian ad litem shall - *AB381_R1* – 8 – not commence performing services unless and until the court enters an order overruling the objection and confirming the order of appointment.
If a court-approved volunteer advocate program for guardians ad litem has been established in a judicial district, a court [may] shall appoint a person who is not an attorney to represent a protected person or proposed protected person as a guardian ad litem.
If a court-approved volunteer advocate program for guardians ad litem has been established in a judicial district, a court may appoint a person who is not an attorney to represent a protected person or proposed protected person as a guardian ad litem.
- *AB381* – 9 – [4.] 5.
[4.] 5.
The provisions of this subsection do not apply if a court appoints a volunteer as a guardian ad litem.
Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:
Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or - *AB381_R1* – 9 – who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:
[and] (b) A detailed explanation of the substantial and immediate risk of physical harm the proposed protected person faces or the immediate medical attention the proposed protected person needs - *AB381* – 10 – but lacks capacity to respond to the risk of harm or obtain the necessary medical attention;
[and] (b) A detailed explanation of the substantial and immediate risk of physical harm the proposed protected person faces or the immediate medical attention the proposed protected person needs and lacks capacity to respond to the risk of harm or obtain the necessary medical attention;
4.
- *AB381_R1* – 10 – 4.
Except as otherwise provided in subsection [7,] 8, the court may - *AB381* – 11 – extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection [8] 9 if:
Except as otherwise provided in subsection [7,] 8, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection [8] 9 if:
[8.] 9.
- *AB381_R1* – 11 – [8.] 9.
A petitioner may request the court to appoint a temporary guardian for a protected person who is unable to respond - *AB381* – 12 – to a substantial and immediate risk of financial loss.
A petitioner may request the court to appoint a temporary guardian for a protected person who is unable to respond to a substantial and immediate risk of financial loss.
or (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
or - *AB381_R1* – 12 – (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in - *AB381* – 13 – good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship.
Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship.
If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to [the] a specific substantial and immediate risk of financial loss [,] identified in the petition, specifically limiting the temporary guardian’s authority to take possession of, close or have access to any accounts of the protected person or to sell or dispose of tangible personal property of the protected person to only that authority as needed to provide for the basic living expenses of the protected person until a general or special guardian can be appointed.
If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to [the] a specific substantial and immediate risk of financial loss [,] identified in the petition, specifically limiting the temporary - *AB381_R1* – 13 – guardian’s authority to take possession of, close or have access to any accounts of the protected person or to sell or dispose of tangible personal property of the protected person to only that authority as needed to provide for the basic living expenses of the protected person until a general or special guardian can be appointed.
- *AB381* – 14 – 8.
8.
Sec.
- *AB381_R1* – 14 – Sec.
- *AB381* – 15 – [(c)] (d) Specify the amount of the bond to be executed and filed by the guardian;
[(c)] (d) Specify the amount of the bond to be executed and filed by the guardian;
3.
- *AB381_R1* – 15 – 3.
Any compensation or expenses [, including, without limitation, attorney’s fees,] must not be paid from the estate of the protected person unless and until the payment of such fees is - *AB381* – 16 – approved by the court pursuant to this section .
Any compensation or expenses [, including, without limitation, attorney’s fees,] must not be paid from the estate of the protected person unless and until the payment of such fees is approved by the court pursuant to this section .
The petitioner [has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.] must present prima facie evidence showing that:
The petitioner [has the burden of proof to show by clear and convincing evidence that the termination or modification of the - *AB381_R1* – 16 – guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.] must present prima facie evidence showing that:
In ruling on a petition - *AB381* – 17 – pursuant to this paragraph, the court shall consider whether less restrictive alternatives to a guardianship are available to the protected person to meet the current needs of the protected person.
In ruling on a petition pursuant to this paragraph, the court shall consider whether less restrictive alternatives to a guardianship are available to the protected person to meet the current needs of the protected person.
If the protected person prevails on a petition for termination or modification, the protected person is entitled to seek reasonable attorney’s fees from any person who opposed the petition of the protected person.
If the protected person prevails on a petition for termination or modification, the protected person is entitled to seek reasonable attorney’s fees from any person who opposed the petition of the protected person unless the court finds that the objector filed an objection to the petition in good faith or in furtherance of the best interests of the protected person.
Sec.
- *AB381_R1* – 17 – Sec.
(d) Have a family member, an interested party, a person of natural affection, an advocate for the protected person or a medical provider speak or raise any issues of concern on behalf of the - *AB381* – 18 – protected person during a court hearing, either orally or in writing, including, without limitation, issues relating to a conflict with a guardian.
(d) Have a family member, an interested party, a person of natural affection, an advocate for the protected person or a medical provider speak or raise any issues of concern on behalf of the protected person during a court hearing, either orally or in writing, including, without limitation, issues relating to a conflict with a guardian.
(l) Be treated fairly by his or her guardian.
- *AB381_R1* – 18 – (l) Be treated fairly by his or her guardian.
- *AB381* – 19 – [(q)] (r) Receive prudent financial management of his or her property and regular detailed reports of financial accounting, including, without limitation, reports on any investments or trusts that are held for his or her benefit and any expenditures or fees charged to his or her estate.
[(q)] (r) Receive prudent financial management of his or her property and regular detailed reports of financial accounting, including, without limitation, reports on any investments or trusts that are held for his or her benefit and any expenditures or fees charged to his or her estate.
A court shall not, under any circumstances, issue an order requiring a protected person to communicate, visit or interact with another person.
A court shall not, under any circumstances, issue an order requiring a protected person to communicate, visit or interact with a relative or person of natural affection.
(a) [May] Shall appoint [a person to meet with] an attorney for the protected person [to determine his or her wishes regarding communication, visitation or interaction with the relative or person of natural affection;] , unless an attorney has already been appointed for the protected person or the protected person has already retained an attorney;
- *AB381_R1* – 19 – (a) [May] Shall appoint [a person to meet with] an attorney for the protected person [to determine his or her wishes regarding communication, visitation or interaction with the relative or person of natural affection;] , unless an attorney has already been appointed for the protected person or the protected person has already retained an attorney;
Upon a showing of good cause by a guardian, a court may issue an order restricting the communication, visitation or interaction between a protected person and a relative or person of - *AB381* – 20 – natural affection pursuant to this section.
Upon a showing of good cause by a guardian, a court may issue an order restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to this section.
If a protected person is unable to communicate verbally, the guardian shall provide the court with documentation of any physical reactions or manifestations of agitation, distress or combative or overly emotional behavior by the protected person during or following any contact with a relative or person of natural affection or any opposition by the protected person to any communication, visitation or interaction with a relative or person of natural affection for the purpose of allowing the court to consider whether the protected person has expressed a desire not to communicate, visit or interact with the relative or person of natural affection, as set forth in paragraph (c) of subsection [3.] 4.
If a protected person is unable to communicate verbally, the guardian shall provide the court with documentation of any physical reactions or manifestations of agitation, distress or combative or overly emotional behavior by the protected person during or following any contact with a relative or person of natural affection or any opposition by the protected person to any communication, visitation or interaction with a relative or person of natural affection for the purpose of allowing the court to consider whether the protected person has expressed a desire not to communicate, visit or interact with the relative or person of natural - *AB381_R1* – 20 – affection, as set forth in paragraph (c) of subsection [3.] 4.
or - *AB381* – 21 – (d) Opposes a petition filed pursuant to NRS 159.335.
or (d) Opposes a petition filed pursuant to NRS 159.335.
(c) Must provide [a general] an explanation of the reasons why the services of the attorney are necessary to further the best interests of the protected person;
- *AB381_R1* – 21 – (c) Must provide a general explanation of the reasons why the services of the attorney are necessary to further the best interests of the protected person;
- *AB381* – 22 – (c) An indication of whether any time billed, including, without limitation, any time spent traveling or waiting, benefited any clients of the attorney other than the protected person and, if so, how many other clients benefited from such time;
(c) An indication of whether any time billed, including, without limitation, any time spent traveling or waiting, benefited any clients of the attorney other than the protected person and, if so, how many other clients benefited from such time;
(e) The work actually performed by the attorney, including, without limitation, the skill, time and attention given to the work.
- *AB381_R1* – 22 – (e) The work actually performed by the attorney, including, without limitation, the skill, time and attention given to the work.
and (3) Compensation at a fiduciary rate for time spent performing fiduciary services .
(3) Compensation at a fiduciary rate for time spent performing fiduciary services;
[;
and (4) No compensation for time spent performing secretarial or clerical services.
and (4) No] The court may not award compensation for time spent performing secretarial or clerical services [.] or tasks that could be performed by a different type of professional at a lower rate.
(h) The appropriate apportionment among multiple clients of any billed time that benefited multiple clients of the attorney.
- *AB381* – 23 – (h) The appropriate apportionment among multiple clients of any billed time that benefited multiple clients of the attorney.
(l) Any actions by the person or attorney that unnecessarily expanded issues or delayed or hindered the efficient administration of the estate [.] , including, without limitation, errors that necessitate additional time spent on tasks.
(l) Any actions by the person or attorney that unnecessarily expanded issues or delayed or hindered the efficient administration of the estate.
6.
- *AB381_R1* – 23 – 6.
Any fees paid by a third party, including, without limitation, a trust of which the estate is a beneficiary, must be disclosed to the court and may only be approved by the court [.] after consideration of the factors listed in subsection 5.
Any fees paid by a third party, including, without limitation, a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.
- *AB381* – 24 – 9.
9.
If a court grants a petition for removal of a guardian, any person who objected to the petition must not be awarded attorney’s fees if the court finds that the person did not file the objection to the petition for removal in good faith or in furtherance of the best interests of the protected person.
If a person fails to file the written notice required pursuant to subsection 3, the court shall dismiss any petition filed by the person for an award of attorney’s fees from the estate of the protected person.
13.
(a) Those tasks that are clerical and not legally substantive in nature, including, without limitation, preparing cover sheets, drafting notices, filling out and printing form documents, drafting certificates of service, preparing summons and affidavits, filing documents with the court, organizing files, calendaring, scheduling, transmitting documents and performing other similar tasks that are clerical in nature;
(a) Those tasks that are clerical and not legally substantive in nature, including, without limitation, preparing cover sheets, drafting notices, filling out and printing form documents, drafting certificates of service, preparing summons and affidavits, filing - *AB381_R1* – 24 – documents with the court, organizing files, calendaring, scheduling, transmitting documents and performing other similar tasks that are clerical in nature;
- *AB381* – 25 – surety.Granting or denying a petition to enforce the liability of a 8.
7.
Granting or denying a petition to enforce the liability of a surety.
8.
H - *AB381*
H - *AB381_R1*
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Amendments

1 amendment

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.2, no further action allowed.)

  2. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. To committee.

  3. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 338.) To printer.

  4. From printer. To committee.

  5. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 381?
AB 381 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 381?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 381?
Track AB 381 free on One Click Politics — get push/email alerts when it moves.

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