AB 387 — Revises provisions governing guardianship of minors. (BDR 13-869)

Section 12 of this bill definesmakes a conforming change to indicate that the termdefinition “agencyapplies whichto providesthe childexisting welfareprovisions minors.of law.

Section 242 of this bill makesrepeals avarious conformingprovisions changeof tolaw indicaterelated thatto thefthe definitionrelating applies to the existingrepeal provisionsof such provisions.d 9 of law.this bill make conforming changes EXPLANATION – Matter in bolded italics is new;

Sectionmatter 42between ofbrackets this[omitted billmaterial] repealsis variousmaterial provisions of law related to thebe guardianshipomitted. of minors.

Sections 2-4, 8 and 9 of this bill make conforming changes relating to the repeal of such provisions.

Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a - *AB387_R1* – 4 – guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

(d) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings and has served- a83rd copySession of(2025) the– request4 upon– the guardian or the proposed guardian.

The petitioner shall give notice not later than 10 days before the(a) By mailing a copy of the datenotice setby forcertified, registered or ordinary first-class mail to the hearing:residence, office or post office address of each person required to be notified pursuant to this section;

(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;

In all such cases, the notice must be [published] served not later than 10 days before the date set for relatives of the hearing.protected minor listed in paragraph (c) of subsection fails to find any such relative, the court may waive the notice [by publication] required by this subsection.

If, after the appointment of a guardian, a search for - *AB387_R1* – 5 – relatives of the protected minor listed in paragraph (c) of subsection 1 fails to find any such relative, the court may waive the notice [by publication] required by this subsection.

- 83rd Session (2025) – 5 – 6.

A request for notice filed pursuant to paragraph (d) of subsectionsub(a) 1:Must state the interest of the person filing the request and the name and address of the person or the attorney of the person;

(a) Must state the interest of the person filing the request and the name and address of the person or the attorney of the person;

(3) A valid driver’s license number;

- *AB387_R1* – 6 – (d) The date on which the proposed protected minor will attain the age of majority and:

(e)- Whether83rd theSession proposed(2025) – 6 – nonresident of this State.d protected minor is a resident or nonresident(f) The names and addresses of thisthe State.relatives of the proposed protected minor who are within the second degree of consanguinity.

(f) The names and addresses of the relatives of the proposed protected minor who are within the second degree of consanguinity.

(1)(2) A socialbirth securitycertificate;mber; number;

(2) A birth certificate;

or (2)agency Iswhich beingprovides investigated for child abusewelfare services.use or neglect by an agency(k) whichA providessummary childof welfarethe services.reasons why a guardian is needed and any available documentation demonstrating the need for a guardianship, including, without limitation, any orders or other information from a court concerning the custody of the proposed protected minor.

(k) A summary of the reasons why a guardian is needed and any available documentation demonstrating the need for a guardianship, - *AB387_R1* – 7 – including, without limitation, any orders or other information from a court concerning the custody of the proposed protected minor.

(m)- A83rd generalSession description(2025) and– the7 probable– value of the property of the proposed protected minor and any income to which thetheproperty proposed protected minor is or will be entitled, if the petition is for the appointment of a guardian of the estate.

(1) A declaration explaining the relationship of the petitioner to the proposed protected minor or to the proposed protected minor’sappointment parents[.s and the interest, if any, of that petitioner in the appointment(n)] [.;

(n)] ;

or (2)to Atitle delinquency5 of NRS.quency proceeding which is conducted pursuant to(u) titleWhether 5the guardianship is sought for the purpose of NRS.initiating litigation.

(u)[(r)] (v) Whether the guardianshipproposed isguardian soughthas filed for or received protection under the purposefederal ofbankruptcy initiatinglaws litigation.within the immediately preceding 7 years.

- *AB387_R1* – 8 – [(r)] (v) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

159A.0445 [Upon the filing of a petition for the appointment of a guardian, the] - 83rd Session (2025) – 8 – 1.

(b) The filing of a petition for the appointment of a guardian of the person and estate;

ororion for the appointment of a guardian (c) A finding of good cause shown.

(a) [The] Subject to subsection 2, the court may appoint an attorney to represent the protected minor or proposed protected minor;min(b) The attorney must represent the protected minor or proposed protected minor until relieved of that duty by court order.

and (b) The attorney must represent the protected minor or proposed protected minor until relieved of that duty by court order.

- *AB387_R1* – 9 – 3.

If a program for legal services described in subsection 2 has insufficient funds to support the representation of each child who would qualify for the appointment of an attorney pursuant to subsection 2, the program shall determine the number of protected - 83rd Session (2025) – 9 – minors or proposed protected minors supported from the available funds.

If an attorney appointed pursuant to subsection 1 is not compensated by any public money for the representation and the protected minor or proposed protected minor has an estate, the court may authorize an attorney [is entitled] to receive reasonable compensation from the estate .

The court may appoint a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is the subject of guardianship proceedings conducted pursuant to this chapter if the court believes that the minor could benefit from that appointment.

or - *AB387_R1* – 10 – (c) Extraordinary circumstances exist in which an attorney may assist the court as an advocate.

- 83rd Session (2025) – 10 – 3.

(b) Does not represent the protected minor or proposed protected minor;

Does not represent the protected minor or proposed protected (c) Shall not offer legal advice;

Sec.159A.047 NRS1.

8.Except is hasebyotherwiseto rprovidedolloin:

NRS 159A.047159A.0475, is[159A.049,] hereby159A.052 amendedand 159A.053, upon the filing of a petition under NRS 159A.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons [or care provider] referred to readin assubsection follows:2 to appear and show cause why a guardian should not be appointed for the proposed protected minor.

159A.047 1.

Except as otherwise provided in NRS 159A.0475, [159A.049,] 159A.052 and 159A.053, upon the filing of a petition under NRS 159A.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons [or care provider] referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed protected minor.

- *AB387_R1*83rd Session (2025) – 11 – (1) Fourteen years of age or older;

(d) Any person [or officer of a care provider] having the care, custodycus(e) orThe controlproposed ofguardian, if the petitioner is not the proposed protectedguardian minor;.

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

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

- 83rd Session (2025) – 12 – (a) The citation and petition have been served by personal service on the proposed protected minor and an affidavit of such - *AB387_R1* – 12 – service has been filed with the court pursuant to subsection 3 of NRS 159A.047;

(b) The citation and petition have been served by certified mail, with a return receipt requested, or by personal service on the [care provider or] guardian required to be served pursuant to NRS 159A.047;

At any time during proceedings on the citation, the court maymay(a) appointAn forattorney the[.] proposedpursuant protectedto minor:NRS 159A.045.

(a)(b) AnA attorneyguardian ad litem or an advocate for the best interests of the proposed protected minor pursuant to NRS 159A.0455 [.] if an attorney has been appointed pursuant to NRS 159A.045.159A.045 or for good cause shown.

(b) A guardian ad litem or an advocate for the best interests of the proposed protected minor pursuant to NRS 159A.0455 [.] if an attorney has been appointed pursuant to NRS 159A.045.

If the protected minor or proposed protected minor is represented by an attorney, the attorney has the same authority and rights- as83rd anSession attorney(2025) representing– [a]13 another– party to the proceedings.

-attorney *AB387_R1*representing –[a] 13another –party to the Sec.

[in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses incurred by the estate of the protected minor to defend the petition, to respond to the petition and for any other pecuniary losses which are associated with the petition.]petition.]r any Sec.

(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 by telephone or inine persons writing before the filing of the petition;

- 83rd Session (2025) – 14 – 2.

- *AB387_R1* – 14 – (a) Finds reasonable cause to believe that the proposed protected minor is in need of immediate medical attention which he or she cannotcan(b) obtain[Is] withoutExcept theas appointmentotherwise ofprovided ain temporarysubsection guardian;3, isn;

and (b) [Is] Except as otherwise provided in subsection 3, is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

Except as otherwise provided in [subsection 4,] subsections 3 and 5, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159A.047, including, without limitation, notice of any hearing to extend the temporary guardianship.

Except as otherwise provided in subsection 3, if, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstances or determined that such notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159A.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.

Except as otherwise provided in subsection [7,] 8, if the court finds by clear and convincing evidence that the protected minor continues to be in need of immediate medical attention which he or she cannot obtain without the extension of the temporary - 83rd Session (2025) – 15 – guardianship, the court may, pursuant to subsection [8,] 9, extend the temporary guardianship until a general guardian is appointed.

If the court appoints a temporary guardian or extends a temporary guardianship pursuant to this section, the court shall limit -to *AB387_R1* – 15 – the powersneed offor theimmediate temporarymedical guardianattention.e to those necessary to respond to[7.] the8. need for immediate medical attention.

[7.] 8.

(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159A.047 by telephone or inine persons writing before the filing of the petition;

If no parent of the proposed protected minor has had the care, custody and control of the minor for the 6 months immediately - 83rd Session (2025) – 16 – preceding the petition, temporary guardianship of the person of the minor is presumed to be in the best interest of the minor.

The court may require a hearing on the petition for the purpose of receiving additional evidence, including, without limitation, testimony, to determine the need for the appointment of - *AB387_R1* – 16 – a temporary guardian pursuant to this section and shall establishestablishof requirements for the provision of notice for any such hearing.

Except as otherwise provided in subsection 5, if, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to NRS 159A.047 was not feasible under the circumstances or determined that such notice was not required pursuant to subparagraph (2) or (3) of paragraph (b) [or (c)] of subsection 2, the petitioner shall notify the persons entitled to notice pursuant to NRS 159A.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.

If thethetion of petitioner fails to provide such notice, the court may terminate the temporary guardianship.

or - 83rd Session (2025) – 17 – (b) Notice [by publication pursuant to] in any manner prescribed by the Nevada Rules of Civil Procedure is currently being undertaken.

The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, unless extraordinary circumstances necessitate a longer duration for the temporary guardianship.

- *AB387_R1* – 17 – [11.] 12.

or (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protectedprotectedr is minor’s attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor.

If the proposed protected minor is not in this State, the proposed protected minor must attend or appear at the hearing as - 83rd Session (2025) – 18 – described in subsection 1 only if the court determines that the attendance of the proposed protected minor is necessary in the interests of justice.

As used in this section, “audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronicelectronicd means.

- *AB387_R1* – 18 – Sec.

If [it appears to] the court [that the allegations of the petition are sufficient and] finds by clear and convincing evidence that the appointment of a guardian [should be appointed for] is necessary and in the best interests of the proposed protected minor, the court shall enter an order appointing a guardian.

and - 83rd Session (2025) – 19 – (2) Any other interested person;

(a) The] the relatives of the proposed protected minor upon whom notice must be served pursuant to NRS 159A.047 .

andandon (b) Any other interested person.] - *AB387_R1* – 19 – Sec.

The parents of a proposed protected minor, or either parent, [if qualified and] are presumed suitable [, are preferred over all others for appointment as guardian] to care for [the person or estate or person and estate of] the proposed protected estate of a proposed protected minor [.must not conflict with a valid order for custody of the proposed protected minor.] and it is presumed to be in the best interest of the proposed protected minor to be cared for by a qualified and suitable parent.

The appointment of a parent as guardian for the person or estate of a proposed protected minor must not conflict with a valid order for custody of the proposed protected minor.] and it is presumed to be in the best interest of the proposed protected minor to be cared for by a qualified and suitable parent.

(4)- Medical83rd care;Session (2025) – 20 – (5) Education;re;

and (5)(b) Education;Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor;

(b) Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor;

- *AB387_R1* – 20 – 3.

In evaluating a petition for the appointment of a guardian, the court shall determine the suitability of each parent [, or any other person who seeks appointment as] of the proposed protected minor and the proposed guardian for the proposed protected minor [is qualified and suitable, the court shall consider,] by considering, if applicable and without limitation:

(c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of cannabis in accordance with the(d) Whether the provisionsparents, parent or other person has been convicted of chaptera 678Ccrime of NRS;moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

(d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

and (f) Whether the parents, parent or other person has engaged in one or more acts of domestic violence against the proposed - 83rd Session (2025) – 21 – protected minor, a parent of the proposed protected minor or any other person who resides with the proposed protected minor.

(a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, withoutwithoutthe basic limitation:

- *AB387_R1* – 21 – (4) Medical care;

7.guardian and the proposed guardian is otherwise found qualified and suitable pursuant to this section, the petitioner must show by clear and convincing evidence that the award of the guardianship to the person who is the most suitable and willing to serve is necessary and in the best interests of the proposed protected minor.

If the minor will not consent to the appointment of a guardian and the proposed guardian is otherwise found qualified and suitable pursuant to this section, the petitioner must show by clear and convincing evidence that the award of the guardianship to the person who is the most suitable and willing to serve is necessary and in the best interests of the proposed protected minor.

[, if he or she is 14 years of age or - 83rd Session (2025) – 22 – older, for the appointment of a person as guardian for the proposed protected minor.] (c) The relationship by blood or adoption of the proposed guardian to the proposed protected minor.

[In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood.

The court may the consider relatives in the following order of preference:

(4) Uncle or aunt.aunt.] (d) Any recommendation made by a master of the court or special master pursuant to NRS 159A.0615.

-(e) *AB387_R1* – 22 – (d) Any recommendation made byby: a master of the court or special master pursuant to NRS 159A.0615.

(e)] (d) Any recommendation made by:

[(f)](f) (e) Any request for the appointment of any other interested person that the court deems appropriate.

Notwithstanding the presumption set forth in subsection [4,] 2, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing ononnor the merits or an evidentiary hearing.

- 83rd Session (2025) – 23 – [(c)] (b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:

(1) Exempt from state prosecution for engaging in the medicalmedical(2) useAof ofdesignatedor cannabis;primary caregiver as defined in NRS 678C.040.

or (2) A designated primary caregiver as defined in NRS 678C.040.

- *AB387_R1* – 23 – (a) Authorize the guardian of the estate who is authorized to manage the protected minor’s property to convert the property to cash and sell any of the property, with or without notice, as the court may direct.

3.time the guardianship is established or at any other time, thehe guardian shall file an inventory and record of value with the court.

Whether the court grants a summary administration at the time the guardianship is established or at any other time, the guardian shall file an inventory and record of value with the court.

- 83rd Session (2025) – 24 – Sec.

Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the protected minor, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the protected minor,minor,roper care, including, without limitation, the following:

- *AB387_R1* – 24 – (c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected minor.

In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the protected minor.

A guardian of the person maymayt be required to incur expenses on behalf of the protected minor if the estate of the protected minor is insufficient to reimburse the guardian.

The guardian shall select the least restrictive appropriate residence which is- available83rd andSession necessary(2025) to– meet25 the– needs of the protected minor and which is financially feasible.

the needs of the protected minor 5.

A guardian of the person must file a notice with the court of his or her intent to move a protected minor to or place a protected - *AB387_R1* – 25 – minor in a facility that provides residential treatment, including, without limitation, a secured residential long-term care facility , pursuant to subsection 4 of NRS 159A.0807 unless :

This section does not relieve a parent or other person of any dutymaintenance requiredof byany lawdependent.de to provide for the care, support and maintenanceSec. of any dependent.

Sec.

- 83rd Session (2025) – 26 – 2.

Except as otherwise provided in this section and subsections 5 and 6 of NRS 159A.079, the guardian shall notify all interested personsper(a) inIs accordanceadmitted withto subsectiona 4facility beforethat theprovides protectedresidential minor:treatment, including, without limitation, a secured residential long-term care facility;

(a) Is admitted to a facility that provides residential treatment, including, without limitation, a secured residential long-term care facility;

Except as otherwise provided in this section and subsections 5 and 6 of NRS 159A.079, a guardian shall file with the court a notice of his or her intent to move the protected minor and shall serve notice upon all interested persons not less than 10 days before moving the protected minor.

If no objection to the move is received from any interested person within 10 days after receiving the notice, - *AB387_R1* – 26 – the guardian may move the protected minor without court permission.

If an emergency condition exists, including, without limitation, the health or safety of the protected minor is at risk of imminent harm or the protected minor has been hospitalized and will be unable to return to his or her residence for a period of more than 24 hours, the guardian may take any temporary action needed without the permission of the court and shall file notice with the courtpracticable andafter servetaking noticesuch uponaction.ested all interested persons as soon as practicable6. after taking such action.

6.

or - 83rd Session (2025) – 27 – (b) The protected minor or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.

NRS 159A.0809 is hereby amended to read as follows:fol159A.0809 1.

159A.0809 1.

- *AB387_R1* – 27 – (a) In person or by telephone to the family members of the protected minor or, if the protected minor does not have any family members or does not have a relationship with any family members, the person of natural affection designated to receive such notification;

(b) By electronic communication to any family member of the protected minor or person of natural affection who has opted to receiverec(c) notificationIn bywriting electronicto communication;all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).

and (c) In writing to all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).

- 83rd Session (2025) – 28 – (a) Include a copy of the written recommendation upon which the transfer was made;

3.report described in subsection 1.

The court may prescribe the form and contents for filing a report described in subsection 1.

- *AB387_R1* – 28 – Sec.

[1.] (a) Protect, preserve, manage and dispose of the estate of the protected minor according to law and for the best interests of the pro(b) Responsibly invest the property of the protected minor [.]pursuant ;to NRS 159A.117;

(b) Responsibly invest the property of the protected minor pursuant to NRS 159A.117;

Have such other authority and perform such other duties as are provided by law.] , considering the routines and needs of the protected minor before the establishment of the guardianship of the- estate83rd andSession the(2025) expenditures– prescribed29 in– an annual budget approved by the court pursuant to NRS 159A.0445;

annual budget (b) Manage any property right on behalf of the protected minor;

(a) “Estate of the protected minor” does not include any payment assigned to a guardian for the support of the protected minor, including, without limitation, child support payments that are processed pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C.

- *AB387_R1* – 29 – (c) “Structured settlement” has the meaning ascribed to it in NRS 42.275.

Not later than 60 days after the date of the appointment of a guardian of the estate or, if necessary, such further time as the court may allow, the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the protected minor which comes to the possession or knowledge of the guardian, including, without limitation, the existence of any trust of which the protected minor is currently a beneficiary who is receiving or is entitled to receive distributions.

The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person - 83rd Session (2025) – 30 – authorized to administer oaths, that the inventory contains a true statement of:

(b)(c) All of the moneyjust thatclaims belongsof to the protected minor;minor against the guardian.

and (c) All of the just claims of the protected minor against the guardian.

- *AB387_R1* – 30 – (a) Revoke the letters of guardianship and the guardian is liable [on the bond] for any loss or injury to the estate caused by the neglect of the guardian;

ororor injury to the estate caused by the (b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.

- 83rd Session (2025) – 31 – (a) Institute proceedings to compel any person under a duty to support the protected minor or to pay for the welfare of the protected minor to perform that duty;

and (b) Receive money and tangible property deliverable to the protectedsupport, minorcare .and education of the protected minor.

[andThe] apply such money and property for the support,2. care and education of the protected minor.

The] 2.

A guardian of the person of a protected minor for whom a guardian of the estate also has been appointed may receive reasonable sums for any room and board furnished to the protected - *AB387_R1* – 31 – minor if the guardian of the person presents a claim to the guardian of the estate pursuant to NRS 159A.107 and 159A.109.

(c)- Except83rd asSession otherwise(2025) provided– in32 NRS– 159A.079, enter into contracts for the protected minor or complete the performance of contracts of the protected minor pursuant to NRS 159A.123.

(1) The protected minor is the grantor and sole beneficiary of the income of the trust;

orornor is the grantor and sole beneficiary of (2) The trust was created by the court.

- *AB387_R1* – 32 – (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the protected minor’s property.pro(b) Take any other action which the guardian deems would be in the best interests of the protected minor.

(b) Take any other action which the guardian deems would be in the best interests of the protected minor.

- 83rd Session (2025) – 33 – (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

(a) Savings accounts in any bank, credit union, savings and loan association or savings bank in this State, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approvedapp(b) pursuantInterest-bearing toobligations NRSof 672.755.or fully guaranteed by the United States.

(b) Interest-bearing obligations of or fully guaranteed by the United States.

- *AB387_R1* – 33 – (e) Interest-bearing general obligations of this State.

The guardian shall keep a - 83rd Session (2025) – 34 – separate record showing the interest of each protected person in the investment and in the income, profits or proceeds therefrom.

4.] A guardian of the estate may access or manage a guardianship account via the Internet on a secured website establishedestSec. by the bank, credit union or broker holding the account.

Sec.

NRS 159A.127 is hereby amended to read as follows:follows:count.

(a) Expenses incurred in exercising the authority and performingper[(c) theReasonable dutiesexpenses ofincurred ain guardian;retaining accountants, attorneys, appraisers or other professional services.

and [(c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.

- *AB387_R1* – 34 – (b) The type, duration and complexity of the services required;

In evaluating the ability - 83rd Session (2025) – 35 – of a protected minor to pay such compensation and expenses, the court may consider:

(b) The disposable net income of the protected minor;

andandthe (d)protected Anyminor; other factors that are relevant to the duties of the guardian pursuant to NRS 159A.079 or 159A.083.

(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159A.079 or 159A.083.

Files for or receives protection as an individual or as a principal of any entity under the federal bankruptcy laws [;] , if appointed guardian of the estate or guardian of the person and estate;est3.e;

3.

or - *AB387_R1* – 35 – 5.

Is being investigated for child abuse or neglect by an agency which provides child welfare services, - shall83rd immediatelySession inform(2025) the– court36 of– the circumstances of those events.

The court may remove the guardian and appoint a successorsuccessore guardian, unless the court finds that it is in the best interest of the protected minor to allow the guardian to continue in his or her appointment.

(a) State with particularity the reasons for removing the guardian;gua(b) Show cause for the removal.

and (b) Show cause for the removal.

159A.187the 1.court, the court, upon the court’s own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.

When2. a guardian dies or is removed by order of the court, the court, upon the court’s own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.

- *AB387_R1* – 36 – 2.

- 83rd Session (2025) – 37 – 3.

Sec.follows:35.

35.NRS 159A.1905 is hereby amended to read as 159A.1905 1.

NRS 159A.1905 is hereby amended to read as follows:

159A.1905 1.

3.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 minor.

[The] Except as otherwise provided in NRS 159A.1915, 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 minor.

- *AB387_R1* – 37 – (a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected minor;

and - 83rd Session (2025) – 38 – (b) Impose] impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected minor and associated with the petition.petSec.

Sec.

(a) If the court removes the guardian or accepts the resignation of (b) If the guardiancourt anddetermines doesthat the guardianship is not appointnecessary aand successororders guardian;the guardianship terminated;

(b) If the court determines that the guardianship is not necessary and orders the guardianship terminated;

(a) The guardian of the estate shall have no authority to act for the protected minor except to wind up the affairs of the guardianship - *AB387_R1*83rd Session (2025) – 3839 – pursuant to NRS 159A.193 ;

6.protected minor reaches the age of majority to determine whether:

A hearing may be held not later than 90 days before a protected minor reaches the age of majority to determine whether:

If, before a protected minor is emancipated, a parent of the protected minor petitions the court for the termination of a guardianship of the protected minor, the [parent has the burden of proof to show by clear and convincing evidence that:] court shall considercon(a) whether:There has been a material change of circumstances since the time the guardianship was created [.

(a) There has been a material change of circumstances since the time the guardianship was created [.

(b)- Whether83rd theSession parent(2025) has– demonstrated40 – abdication of parental responsibilities;ed continued neglect or abdication(c) The likelihood of parentalphysical responsibilities;or emotional harm to the protected minor if the protected minor is placed in the custody of the parent;

- *AB387_R1* – 39 – (c) The likelihood of physical or emotional harm to the protected minor if the protected minor is placed in the custody of the parent;

(i) Whether the protected minor and the guardian have a bonded relationship such that significant emotional harm to the protectedguardianship;or minor would result from the termination of the guardianship;(j) The impact that terminating the guardianship would have on the right of the protected minor to education, including, without limitation, receiving special education;

(j) The impact that terminating the guardianship would have on the right of the protected minor to education, including, without limitation, receiving special education;

(a) Set forth in paragraph (a) of subsection 1 of NRS 159A.305, the court may order the person to return the asset or the value of the asset to the guardian of the estate;

orn the asset or the value of the (b) Set forth in paragraph (b) of subsection 1 of NRS 159A.305, the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

- 83rd Session (2025) – 41 – (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition;

-evidence *AB387_R1*of –the 40right –of 3.the proposed protected minor or the estate of the protected minor to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed protected minor or the estate of the protected minor to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

Notwithstanding the provisions of subsection 1 , [and except as otherwise provided in subsection 5 of NRS 159A.183,] a person who is personally liable for attorney’s fees and costs may petition the court for an order authorizing such attorney’s fees and costs to be paid from the estate of the protected minor in accordance with this section.

- 83rd Session (2025) – 42 – (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 minor;

(d) Must be served by the person on all persons entitled to notice pursuantpur(e) Is subject to NRSapproval 159A.034by andthe 159A.047;court after a hearing.

and4. (e) Is subject to approval by the court after a hearing.

- *AB387_R1* – 41 – 4.

 Absent approval from all parties who have appeared in the proceeding, any supplemental requests for the payment of attorney’s fees and costs cannot be augmented in open court and must be properly noticed in the same manner as the underlying petition requesting payment.

the same manner as the underlying petition 5.

(e)- The83rd workSession actually(2025) performed– by43 the– attorney, including, without limitation, the skill, time and attention given to the work.

- *AB387_R1* – 42 – (1) Compensation at an attorney rate for time spent performing services that require an attorney;

(i) The extent to which the services were provided in a reasonable, efficient and cost-effective manner, including, without limitation, whether there was appropriate and prudent delegation of services to others.

(m) Whether any actions taken by the person or attorney were taken for the purpose of advancing or protecting the interests of the person as opposed to the interests of the protected minor.

- 83rd Session (2025) – 44 – (a) Time spent on internal business activities of the attorney, including, without limitation, clerical or secretarial support;

7.a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.

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.

In addition to any payment provided to a person pursuant to this section for the services of an attorney, a person may receive - *AB387_R1* – 43 – payment for ordinary costs and expenses incurred in the scope of the attorney’s representation.

If a guardian violates any right of a protected minorappropriate thataction, isincluding, setwithout forthlimitation:ay intake thisany chapter,(a) aIssuing courtan mayorder takethat anycertain appropriateactions action,be including,taken withoutor limitation:discontinued;

(a) Issuing an order that certain actions be taken or discontinued;

and - 83rd Session (2025) – 45 – (b) Attorney’s fees and costs.

NRS 159A.014, 159A.0345, 159A.049,159A.049 159A.0615, 159A.0617 and 159A.0755 are hereby repealed.

LEADLINES20~~~~~ OF25 REPEALED- SECTIONS83rd 159A.014Session “Care(2025) provider” defined.

- *AB387_R1* – 44 – 159A.0345 Court authorized to alter requirements concerning publication of notice or citation.

159A.049 Appointment without issuance of citation.

159A.0615 Appointment of master of court or special master to identify person most qualified and suitable to serve as gua159A.0617ariCourt or master of court or special master authorized to allow certain persons to testify at hearing to determine person most qualified and suitable to serve as guardian.

159A.0755 Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate.

H - *AB387_R1*