SB 346 — Makes various changes relating to guardianship. (BDR 13-217)

(ReprintedSenate withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT S.B.

346346–Senators SScheible, ENATECruz-Crawford, BILLKrasner; NO.

346–SDondero ENATORSLoop, SCHEIBLENguyen, ,Ohrenschall, CRUZPazina, -CRAWFORDSteinbeck ,and KStone RASNERJoint ;Sponsor:

DAssemblymember ONDEROHansen LOOPCHAPTER.......... , N GUYEN , O HRENSCHALL , PAZINA , TEINBECK AND S TONE M ARCH 13, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to guardianship.

(BDR 13-217) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existingappointment lawof setsa forthguardian for a proposed protected person who is an adult.e (Chapter 159 of NRS) Section 1.3 of this bill defines the proceduresterm and“less requirementsrestrictive relatingalternatives to theguardianship” appointmentand section 1.7 of athis guardianbill defines the term “power of attorney” for athe proposedpurposes protectedof personthe whoprovisions isof anlaw adult.governing guardianship of adults.

(Chapter 159 of NRS) Section 1.3 of this bill defines the term “less restrictive alternatives to guardianship” and section 1.7 of this bill defines the term “power of adults.y” for the purposes of the provisions of law governing guardianship of Existing law:

and (3) requires that the petitioner provide the court with an assessment of the needs of the proposed protected person, which must be completed by a licensed physician.

(NRS 159.044) Section 4 of this bill requires a petition for the appointment of a guardian to contain an attestation that information on less restrictive alternatives to guardianship has been provided to the proposed protected person.

Existing law requires a guardian of the person to make a written report containing certain information, file the protectedreport personwith the court and anyserve attorneythe forreport on Section 5 of this bill requires that such a report include an explanation as to why less restrictive alternatives to guardianship in lieu of the protectedguardianship person.are not being considered.

(NRSExisting 159.081)reportlaw onauthorizes Section 5 of this bill requires that such a reportprotected includeperson, anthe explanationguardian asor toanother whyperson less restrictive alternatives to guardianshippetition inthe lieucourt offor the guardianshiptermination areor notmodification beingof considered.a guardianship.

- *SB346_R1* – 2 – Existing law authorizes a protected person, the guardian or another person to petition the court for the termination or modification of a guardianship.

(NRS 159.1905) Section 6 of this bill provides that such a enteredpetition intomay aalso be granted if the petitioner shows that the protected person has guardianship.a less restrictive alternative to a guardianship in lieu of theonthe hasExisting guardianship.law:

Existing law:

and (4) requires a court to recognize a (NRSguardianship 159.2024)or Sectionconservatorship 6.5order offrom thisanother billstate requiresin thatcertain acircumstances. petition to transfer must also include:

(NRS 159.2024) Section 6.5 of this bill requires that a petition to transfer must also include:

- 83rd Session (2025) – 2 – and (2) an explanation as to why less restrictive alternatives to guardianship are not reasonable alternatives to guardianship.

Section 6.5 provides that a court may deny a petition to transfer if the court has previously denied a petition to transfer the guardianship or conservatorship because less restrictive alternatives to guardianship for the protected person were not considered, either in this State or in the state from court finds that less restrictive alternatives to guardianship have not beenat if a considered for the protected person either in this State or in the state from which the petition seeks to transfer the order,order. the court:

(1)Section is6.5 notalso requiredprovides tothat recognizeif a court finds that less restrictive alternatives to guardianship have not been considered for the protected person either in this State or in the state from which the guardianship or conservatorship order from the other state;

and (2) may deny aize a petition to transfer.

Existing law establishes the Protected Persons’ Bill of Rights, which sets forth ofcertain thisspecific billrights providesof thateach a protected personperson. has the right to be educated about less restrictive alternatives to guardianship.

(NRS 159.327, 159.328) Section 7 restrictive alternatives to guardianship.rson has the right to be educated about less EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(Deleted by amendment.) - *SB346_R1* – 3 – Sec.

(c)- A83rd copySession of(2025) one– of3 the– following forms of identification of the proposed protected person which must be placed in the records of the relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

(d) Whether the proposed protected person is a resident or nonresidentnon(e) The names and addresses of thisthe State.spouse of the proposed protected person and the relatives of the proposed protected person who are within the second degree of consanguinity.

(e) The names and addresses of the spouse of the proposed protected person and the relatives of the proposed protected person who are within the second degree of consanguinity.

(g) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific in statute, maintained in a confidential manner:

- *SB346_R1* – 4 – (1) A social security number;

(h)- Whether83rd theSession proposed(2025) guardian– has4 ever– been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

(III) Whether the attendance of the proposed protected personperson;at at a hearing would be detrimental to the proposed protected person;(IV) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding;

(IV) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding;

(k) A general description and the probable value of the property of the proposed protected person and any income to which the proposed protected person is or will be entitled, if the petition is for any money is paid or is payable to the appointmentproposed ofprotected aperson guardianbyIf ofthe United States through the estateDepartment orof aVeterans specialAffairs, guardian.the petition must so state.

If(l) anyThe moneyname isand paidaddress orof isany payableperson toor thecare proposedprovider protectedhaving person by the Unitedcare, Statescustody throughor thecontrol Department of Veterans Affairs, the petitionproposed mustprotected soperson. state.