AB 65 — Revises provisions relating to guardianship. (BDR 13-470)

The State Guardianship [Compliance] Officer may , within the limits of legislative appropriation, hire [two] such accountants and [two] investigators as the Officer deems necessary to provide - 83rd Session (2025) – 5 – auditing and investigative services to the district courts during the administration of guardianship proceedings pursuant to chapters 159 and 159A of NRS.

The State Guardianship [Compliance] Officer shall not act as 5.guaA governmental entity shall not charge a guardianfee for providing a copy of any protecteddocument personrequested orby protectedan minor.investigator employed by the State Guardianship Office in connection with any investigative services provided to a district court.

5.

A governmental entity shall not charge a fee for providing a copy of any document requested by an investigator employed by the State Guardianship Office in connection with any investigative services provided to a district court.

The appointment or the extension of the appointment of a guardian of the person pursuant to subsection 1 does not authorize the guardian to abrogate any rights that the protected minor or proposed protected minor may have pursuant to the laws of this State, including, without limitation, the right to make decisions regarding his or her medical treatment, education or residence, without the express consent of the protected minor or proposed protected minor.

- *AB65_R1* – 6 – (a) Nineteen years of age if the guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191.

Sec.- 83rd Session (2025) – 6 – follows:5.5.

5.5.NRS 159A.034 is hereby amended to read as 159A.034 1.

NRS 159A.034 is hereby amended to read as follows:

159A.034 1.

The request for notice must state the interest of the person filing the request and the person’sper(e) nameThe andguardian, address,if orthe thatpetitioner ofis hisnot orthe herguardian. attorney.

(e) The guardian, if the petitioner is not the guardian.

(a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;sec(b) By personal service;

(b) By personal service;

- *AB65_R1* – 7 – 3.

Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by the Nevada Rules of Civil - 83rd Session (2025) – 7 – Procedure.

If, after the appointment of a guardian, a search for relatives of the protected minor listed in paragraph (c) of subsection 1 fails to find any such relative,this thesubsection.urt court may waive the notice by publication required by this4. subsection.

4.

(d) Investigate the [suitability] ability of a proposed guardian to provide for the basic needs of a proposed protected minor, including, without limitation, food, clothing, shelter, medical care andand(e) education.Locate relatives of the proposed protected minor who are within the second degree of consanguinity.

(e) Locate relatives of the proposed protected minor who are within the second degree of consanguinity.

An investigator shall file with the court and parties a report concerning the scope of the appointment of the guardian and any - *AB65_R1* – 8 – special powers which a guardian would need to assist the proposed protected minor.

If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the - 83rd Session (2025) – 8 – person to pay to the court all or part of the expenses associated with the investigation.

A governmental entity shall not charge a fee for providing a copy of any document requested by an investigator in connection withwit6.an anAs investigationused conductedin pursuantthis section, “governmental entity” has the meaning ascribed to subsectionit 1.in NRS 239.005.

6.

As used in this section, “governmental entity” has the meaning ascribed to it in NRS 239.005.

(I) Certified mail, with a return receipt requested, at least 20 days before the date set for the hearing;

or [(2)] (II) Personal service in the manner provided pursuant to the Nevada Rules of Civil Procedure at least 10 days before the datedateo set for the hearing.

In all such cases, the - *AB65_R1* – 9 – citation must be published] at least 20 days before the date set for the- hearing.83rd Session (2025) – 9 – required by this subsection for good cause shown.ublication 3.

The court may waive the service by publication required by this subsection for good cause shown.

3.

and (c) At least one relative of the proposed protected minor who is required to be served pursuant to NRS 159A.047 has been served, as evidencedcourt byfinds that at least one relative of the returnproposed receiptprotected minor has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2 [.] or waive the certificaterequirement ofin service.accordance with subsection 2.

If the court finds that at least one relative of the proposed protected minor has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2 [.] or waive the requirement in accordance with subsection 2.

(d) On the date on which the protected minor reaches 18 years of age;(e) On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if:

or (e) On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if:

- *AB65_R1*83rd Session (2025) – 10 – 2.guardian of the minor pursuant to section 4 of this act, thea guardianship is terminated on the date on which the protected minor reaches 21 years of age unless the protected minor petitions the court to terminate the guardianship before he or she reaches years of age pursuant to NRS 159A.1905 and the court grants the petition.

If the court appoints or extends the appointment of a guardian of the minor pursuant to section 4 of this act, the guardianship is terminated on the date on which the protected minor reaches 21 years of age unless the protected minor petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159A.1905 and the court grants the petition.

[4.]the 5.trustee, and the named executor or appointed personalested parties, representative of the estate of the protected minor of the death of the protected minor within 30 days after the death.

The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected minor of the death of the protected minor within 30 days after the death.

(b) The protected minor desires an additional year of guardianshipgua(c) beyondThe guardian should be notified of any requirements of the ageguardianship which require compliance before termination of majority;the guardianship.

and (c) The guardian should be notified of any requirements of the guardianship which require compliance before termination of the guardianship.

If, at a hearing conducted pursuant to subsection [6,] 7, a court makes a determination that, upon reaching the age of majority, a protected minor would be deemed incapacitated, as defined in NRS 159.019, a petition may be filed in accordance with the provisions of chapter 159 of NRS to seek guardianship for the protected minor pursuant to that chapter to take effect when the - 83rd Session (2025) – 11 – protected minor reaches the age of majority.

The protected minor - *AB65_R1* – 11 – has the right to be represented by counsel if guardianship is sought pursuant to this subsection.

Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amendedamendedf by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

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