SB18 - Revises provisions governing guardianships. (BDR 13-565)

S.B. 18 - *SB18* SENATE BILL NO. 18–COMMITTEE ON JUDICIARY (ON BEHALF OF THE NEVADA SUPREME COURT) PREFILED OCTOBER 28, 2026 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing guardianships. (BDR 13-565) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. Effect on the State Highway Fund: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to guardianships; revising provisions regarding completion of an assessment of the needs of a proposed protected person; increasing the maximum value of the estate of a protected person for purposes of a summary administration; extending certain periods for filing inventories, accounts and winding up the affairs of guardianships; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth the procedures and requirements relating to the 1 appointment of a guardian for a proposed protected person who is an adult. 2 (Chapter 159 of NRS) Existing law requires a petitioner seeking the appointment of 3 a guardian for a proposed protected person to provide the court with certain 4 information and an assessment of the needs of the proposed protected person 5 completed by a licensed physician. The assessment must identify certain limitations 6 of capacity of the proposed protected person and determine whether less restrictive 7 alternatives to guardianship are available and sufficient to support the needs of the 8 proposed protected person. (NRS 159.044) Section 1 of this bill additionally 9 authorizes completion of the assessment by a physician employed by the 10 Department of Veterans Affairs or by any other person whom the court finds 11 qualified to execute a certificate demonstrating the need for a guardian. 12 Existing law authorizes a court to grant a summary administration of a 13 guardianship estate if, after payment of all claims and expenses of the guardianship, 14 the value of the property of the protected person does not exceed $10,000 and 15 requires a guardian granted a summary administration to take certain actions if the 16 – 2 – - *SB18* net value of the estate later exceeds $10,000. (NRS 159.076) Section 2 of this bill 17 increases from $10,000 to $25,000 each of these monetary thresholds. 18 Existing law requires a general or special guardian of the estate to make and 19 file a verified inventory of all of the property of the protected person not later than 20 60 days after the date of the appointment of the guardian, unless the court allows 21 additional time. (NRS 159.085) Section 3 of this bill extends the period for filing 22 such an inventory from 60 days to 90 days. 23 Existing law requires a guardian of the estate or special guardian who is 24 authorized to manage the property of the protected person to make and file a 25 verified account in certain circumstances, including within 30 days after the date of 26 removal of the guardian, unless the court authorizes a longer period. (NRS 159.177) 27 Section 4 of this bill extends from 30 days to 90 days the period within which a 28 removed guardian is required to file the account if a successor guardian is 29 appointed, unless the court authorizes a longer period. 30 Existing law generally authorizes a guardian of the estate to retain possession 31 of the property of the protected person and perform certain duties to wind up the 32 affairs of the guardianship for not more than 180 days after the termination of the 33 guardianship or for a period that the court determines is reasonable and necessary, 34 subject to certain exceptions. One such exception authorizes the court to allow the 35 guardian to retain possession of the property for more than 180 days if the guardian 36 is awaiting certification acknowledging that the guardian has no further liability for 37 taxes on the estate. (NRS 159.193) Section 5 of this bill increases each of these 38 180-day periods to 270 days. 39 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 159.044 is hereby amended to read as follows: 1 159.044 1. A proposed protected person, a governmental 2 agency, a nonprofit corporation or any interested person may 3 petition the court for the appointment of a guardian. 4 2. To the extent the petitioner knows or reasonably may 5 ascertain or obtain, the petition must include, without limitation: 6 (a) The name and address of the petitioner. 7 (b) The name, date of birth and current address of the proposed 8 protected person. 9 (c) A copy of one of the following forms of identification of the 10 proposed protected person which must be placed in the records 11 relating to the guardianship proceeding and, except as otherwise 12 provided in NRS 239.0115 or as otherwise required to carry out a 13 specific statute, maintained in a confidential manner: 14 (1) A social security number; 15 (2) A taxpayer identification number; 16 (3) A valid driver’s license number; 17 (4) A valid identification card number; 18 (5) A valid passport number; 19 (6) A valid permanent resident card number; or 20 (7) A valid tribal identification card number. 21 – 3 – - *SB18*  If the information required pursuant to this paragraph is not 1 included with the petition, the information must be provided to the 2 court not later than 120 days after the appointment of a guardian or 3 as otherwise ordered by the court. 4 (d) Whether the proposed protected person is a resident or 5 nonresident of this State. 6 (e) The names and addresses of the spouse of the proposed 7 protected person and the relatives of the proposed protected person 8 who are within the second degree of consanguinity. 9 (f) The name, date of birth and current address of the proposed 10 guardian. If the proposed guardian is a private professional 11 guardian, the petition must include proof that the guardian meets the 12 requirements of NRS 159.0595 or 159A.0595. If the proposed 13 guardian is not a private professional guardian, the petition must 14 include a statement that the guardian currently is not receiving 15 compensation for services as a guardian to more than one protected 16 person who is not related to the person by blood or marriage. As 17 used in this paragraph, “protected person” includes a protected 18 minor. 19 (g) A copy of one of the following forms of identification of the 20 proposed guardian which must be placed in the records relating to 21 the guardianship proceeding and, except as otherwise provided in 22 NRS 239.0115 or as otherwise required to carry out a specific 23 statute, maintained in a confidential manner: 24 (1) A social security number; 25 (2) A taxpayer identification number; 26 (3) A valid driver’s license number; 27 (4) A valid identification card number; 28 (5) A valid passport number; 29 (6) A valid permanent resident card number; or 30 (7) A valid tribal identification card number. 31 (h) Whether the proposed guardian has ever been convicted of a 32 felony and, if so, information concerning the crime for which the 33 proposed guardian was convicted and whether the proposed 34 guardian was placed on probation or parole. 35 (i) A summary of the reasons why a guardian is needed and 36 recent documentation demonstrating the need for a guardianship. 37 The documentation must include, without limitation: 38 (1) A certificate signed by a physician who is licensed to 39 practice medicine in this State or who is employed by the 40 Department of Veterans Affairs, a letter signed by any governmental 41 agency in this State which conducts investigations or a certificate 42 signed by any other person whom the court finds qualified to 43 execute a certificate, stating: 44 (I) The need for a guardian; 45 – 4 – - *SB18* (II) Whether the proposed protected person presents a 1 danger to himself or herself or others; 2 (III) Whether the attendance of the proposed protected 3 person at a hearing would be detrimental to the proposed protected 4 person; 5 (IV) Whether the proposed protected person would 6 comprehend the reason for a hearing or contribute to the proceeding; 7 and 8 (V) Whether the proposed protected person is capable of 9 living independently with or without assistance; and 10 (2) If the proposed protected person is determined to have 11 the limited capacity to consent to the appointment of a special 12 guardian, a written consent to the appointment of a special guardian 13 from the protected person. 14 (j) Whether the appointment of a general or a special guardian is 15 sought. 16 (k) A general description and the probable value of the property 17 of the proposed protected person and any income to which the 18 proposed protected person is or will be entitled, if the petition is for 19 the appointment of a guardian of the estate or a special guardian. If 20 any money is paid or is payable to the proposed protected person by 21 the United States through the Department of Veterans Affairs, the 22 petition must so state. 23 (l) The name and address of any person or care provider having 24 the care, custody or control of the proposed protected person. 25 (m) If the petitioner is not the spouse or natural child of the 26 proposed protected person, a declaration explaining the relationship 27 of the petitioner to the proposed protected person or to the family or 28 friends of the proposed protected person, if any, and the interest, if 29 any, of the petitioner in the appointment. 30 (n) Requests for any of the specific powers set forth in NRS 31 159.117 to 159.175, inclusive, necessary to enable the guardian to 32 carry out the duties of the guardianship. 33 (o) If the guardianship is sought as the result of an investigation 34 of a report of abuse, neglect, exploitation, isolation or abandonment 35 of the proposed protected person, whether the referral was from a 36 law enforcement agency or a state or county agency. 37 (p) Whether the proposed protected person or the proposed 38 guardian is a party to any pending criminal or civil litigation. 39 (q) Whether the guardianship is sought for the purpose of 40 initiating litigation. 41 (r) Whether the proposed protected person has executed a 42 durable power of attorney for health care, a durable power of 43 attorney for financial matters or a written nomination of guardian 44 and, if so, who the named agents are for each document. 45 – 5 – - *SB18* (s) Whether the proposed guardian has filed for or received 1 protection under the federal bankruptcy laws within the immediately 2 preceding 7 years. 3 (t) An attestation that information on less restrictive alternatives 4 to guardianship has been provided to the proposed protected person. 5 3. Before the court makes a finding pursuant to NRS 159.054, 6 a petitioner seeking a guardian for a proposed protected person must 7 provide the court with an assessment of the needs of the proposed 8 protected person completed by a [licensed] physician [which 9 identifies] who is licensed to practice medicine in this State or who 10 is employed by the Department of Veterans Affairs or completed 11 by any other person whom the court finds qualified to execute a 12 certificate pursuant to subparagraph (1) of paragraph (i) of 13 subsection 2. The assessment must identify the limitations of 14 capacity of the proposed protected person and how such limitations 15 affect the ability of the proposed protected person to maintain his or 16 her safety and basic needs and [which includes] must include a 17 determination of whether less restrictive alternatives to guardianship 18 are available and sufficient to support the needs of the proposed 19 protected person. The court may prescribe the form in which the 20 assessment of the needs of the proposed protected person must be 21 filed. 22 Sec. 2. NRS 159.076 is hereby amended to read as follows: 23 159.076 1. The court may grant a summary administration if, 24 at any time, it appears to the court that after payment of all claims 25 and expenses of the guardianship the value of the property of the 26 protected person does not exceed [$10,000.] $25,000. 27 2. If the court grants a summary administration, the court may 28 authorize the guardian of the estate or special guardian who is 29 authorized to manage the property of the protected person to convert 30 the property to cash and sell any of the property, with or without 31 notice, as the court may direct. After the payment of all claims and 32 the expenses of the guardianship, the guardian shall deposit the 33 money in savings accounts or invest the money as provided in NRS 34 159.117, and hold the investment and all interest, issues, dividends 35 and profits for the benefit of the protected person. The court may 36 dispense with annual accountings and all other proceedings required 37 by this chapter. 38 3. Whether the court grants a summary administration at the 39 time the guardianship is established or at any other time, the 40 guardian shall file an inventory and record of value with the court. 41 4. If, at any time, the net value of the estate of the protected 42 person exceeds [$10,000:] $25,000: 43 (a) The guardian shall file an amended inventory and accounting 44 with the court; 45 – 6 – - *SB18* (b) The guardian shall file annual accountings; and 1 (c) The court may require the guardian to post a bond. 2 Sec. 3. NRS 159.085 is hereby amended to read as follows: 3 159.085 1. Not later than [60] 90 days after the date of the 4 appointment of a general or special guardian of the estate or, if 5 necessary, such further time as the court may allow, the guardian 6 shall make and file in the guardianship proceeding a verified 7 inventory of all of the property of the protected person which comes 8 to the possession or knowledge of the guardian, including, without 9 limitation, the existence of any trust of which the protected person is 10 currently a beneficiary who is receiving or is entitled to receive 11 distributions. 12 2. A temporary guardian of the estate who is not appointed as 13 the general or special guardian shall file an inventory with the court 14 by not later than the date on which the temporary guardian files a 15 final accounting as req [Text truncated for display. Full text available on LegiScan.]