AB65 - Revises provisions relating to guardianship. (BDR 13-470)

- 83rd Session (2025) Assembly Bill No. 65–Committee on Judiciary CHAPTER.......... AN ACT relating to guardianship; revising provisions relating to certain investigative services provided during a guardianship proceeding; prohibiting a governmental entity from charging a fee for providing a copy of certain documents relating to a guardianship proceeding; revising provisions relating to service of process of a citation and petition in a guardianship proceeding; changing the name of the State Guardianship Compliance Office to the State Guardianship Office; changing the title of the State Guardianship Compliance Officer to the State Guardianship Officer; revising the powers of the Officer; authorizing a court to appoint or extend the appointment of a guardian for a protected minor or proposed protected minor seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security under certain circumstances; revising certain notice requirements for minor guardianship proceedings; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the State Guardianship Compliance Office to provide certain services relating to guardianship proceedings. Existing law also: (1) creates the position of State Guardianship Compliance Officer within the Office; and (2) authorizes the Officer to hire two accountants and two investigators to provide certain services to district courts. (NRS 159.341) Section 3 of this bill changes the: (1) name of the State Guardianship Compliance Office to the State Guardianship Office; and (2) title of the State Guardianship Compliance Officer to the State Guardianship Officer. Section 3 also expands the authority of the Officer to hire accountants and investigators by authorizing the Officer, within the limits of legislative appropriation, to hire such accountants and investigators as the Officer deems necessary. Existing law authorizes the court, after the filing of a petition in a guardianship proceeding, to appoint one or more investigators to perform certain duties related to the proceeding. (NRS 159.046, 159A.046) Existing law likewise authorizes an investigator employed by the Office to provide investigative services to the district courts during the administration of guardianship proceedings. (NRS 159.341) Sections 1, 3 and 6 of this bill: (1) prohibit a governmental entity, including a court, from charging a fee for providing a copy of any document requested by an investigator in connection with an investigation; and (2) make various other changes relating to an investigation. Existing law: (1) authorizes the court in an adult guardianship proceeding to appoint or extend the appointment of a guardian for a protected person or proposed protected person seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security under certain circumstances; and (2) provides for the termination of any such guardianship on or before the date on which the protected person reaches – 2 – - 83rd Session (2025) 21 years of age. (NRS 159.191, 159.343) Sections 4 and 8 of this bill likewise: (1) authorize the court in a minor guardianship proceeding to appoint or extend the appointment of a guardian for a protected minor or proposed protected minor seeking status as a special immigrant juvenile; and (2) provide for the termination of any such guardianship on or before the date on which the protected minor reaches 21 years of age. Section 5 of this bill makes a conforming change to the relevant definition of “minor.” Existing law requires a person who files a petition in a minor guardianship proceeding to notify the Director of the Department of Health and Human Services of the time and place of the hearing on the petition if the protected minor has received or is receiving benefits from Medicaid. (NRS 159A.034) Section 5.5 of this bill eliminates this requirement. Existing law: (1) requires service of a copy of a petition for the appointment of a guardian and the citation issued pursuant to any such petition on certain persons; and (2) prescribes the procedure for the service of process on such persons. (NRS 159.0475, 159A.0475) Sections 2 and 7 of this bill revise the procedure for such service of process by authorizing: (1) service by certain methods set forth in the Nevada Rules of Civil Procedure under certain circumstances; and (2) the court to waive a requirement that service of the citation be made by publication under certain circumstances. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 159.046 is hereby amended to read as follows: 159.046 1. Upon filing of the petition, or any time thereafter, the court may appoint one or more investigators to: (a) Locate persons who perform services needed by the proposed protected person and other public and private resources available to the proposed protected person. (b) Determine any competing interests in the appointment of a guardian. (c) Investigate allegations or claims which affect a protected person or proposed protected person. (d) Investigate the ability of a proposed guardian to provide for the basic needs of a proposed protected person, including, without limitation, food, clothing, shelter and medical care. (e) Locate relatives of the proposed protected person who are within the second degree of consanguinity. (f) Obtain a copy of the birth certificate of a protected person or proposed protected person. (g) Obtain a copy of the death certificate of any interested person. – 3 – - 83rd Session (2025) 2. An investigator may be an employee of a social service agency, family service officer of the court, public guardian, physician or other qualified person. 3. An investigator shall file with the court and parties a report concerning the scope of the appointment of the guardian and any special powers which a guardian would need to assist the proposed protected person. 4. An investigator who is appointed pursuant to this section is entitled to reasonable compensation from the estate of the proposed protected person. If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the person to pay to the estate of the proposed protected person all or part of the expenses associated with the investigation. 5. A governmental entity shall not charge a fee for providing a copy of any document requested by an investigator in connection with an investigation conducted pursuant to subsection 1. 6. As used in this section, “governmental entity” has the meaning ascribed to it in NRS 239.005. Sec. 2. NRS 159.0475 is hereby amended to read as follows: 159.0475 1. [A] Except as otherwise ordered by the court, a copy of the citation issued pursuant to NRS 159.047, together with a copy of the petition filed under NRS 159.044, must be served: (a) [Except as otherwise ordered by the court, on] On a proposed protected person by : (1) Except as otherwise provided in subparagraph (2), 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 . [; and] (2) An alternative method of service, other than publication, authorized by the court for good cause shown pursuant to the Nevada Rules of Civil Procedure, at least 20 days before the date set for the hearing. (b) On each person required to be served pursuant to NRS 159.047 other than a proposed protected person by: (1) Except as otherwise provided in subparagraph (2): (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 date set for the hearing. (2) An alternative method of service, other than publication, authorized by the court for good cause shown – 4 – - 83rd Session (2025) pursuant to the Nevada Rules of Civil Procedure, at least 20 days before the date set for the hearing. 2. [If] Except as otherwise provided in this subsection, if none of the persons on whom the citation and petition is to be served can, after due diligence, be served by certified mail , [or] personal service [,] or an alternative method of service, as applicable, and this fact is proven by affidavit to the satisfaction of the court, service of the citation must be made by publication in the manner provided by the Nevada Rules of Civil Procedure [. In all such cases, the citation must be published] at least 20 days before the date set for the hearing. The court may waive the service by publication required by this subsection for good cause shown. 3. A citation and petition need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of the citation and petition or who makes a general appearance. 4. The court may find that notice is sufficient if: (a) The citation and petition have been served by personal service on the proposed protected person or by an alternative method of service and an affidavit of such service has been filed with the court pursuant to subsection 3 of NRS 159.047; (b) The citation and petition have been served by certified mail, with a return receipt requested, [or] by personal service or by an alternative method of service on the care provider or public guardian required to be served pursuant to NRS 159.047; and (c) At least one relative of the proposed protected person who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed protected person 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. Sec. 3. NRS 159.341 is hereby amended to read as follows: 159.341 1. The State Guardianship [Compliance] Office is hereby created. 2. The State Guardianship [Compliance] Officer is: (a) Appointed by the Supreme Court and serves at the pleasure of the Court; and (b) Entitled to receive an annual salary set by the Supreme Court within the limits of legislative appropriations. 3. 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 – 5 – - 83rd Session (2025) auditing and investigative services to the district courts during the administration of guardianship proceedings pursuant to chapters 159 and 159A of NRS. 4. The State Guardianship [Compliance] Officer shall not act as a guardian for any protected person or protected minor. 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. 6. As used in this section, “governmental entity” has the meaning ascribed to it in NRS 239.005. Sec. 4. Chapter 159A of NRS is hereby amended by adding thereto a new section to read as follows: 1. If a person includes a request that the court make the findings set forth in subsection 3 of NRS 3.2203 in a petition filed or motion made pursuant to this chapter, the court may appoint or extend the appointment of a guardian of the person for a protected minor or proposed protected minor seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security if the protected minor or proposed protected minor: (a) Is unmarried; and (b) Consents to the appointment or the extension of the appointment. 2. 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. Sec. 5. NRS 159A.023 is hereby amended to read as follows: 159A.023 “Minor” means any person who is: 1. Less than [18] eighteen years of age; or 2. Less than [19] : (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. (b) Twenty-one years of age if the person is seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security in accordance with section 4 of this act. – 6 – - 83rd Session (2025) Sec. 5.5. NRS 159A.034 is hereby amended to read as follows: 159A.034 1. Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to: (a) Any protected minor who is 14 years of age or older, regardless of whether the protected minor is considered to have the capacity to understand or appreciate the contents of the petition. (b) The parent or legal guardian of any protected minor who is less than 14 years of age. (c) All known relatives of the protected minor who are within the second degree of consanguinity. (d) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the person’s name and address, or that of his or her attorney. (e) The guardian, if the petitioner is not the guardian. (f) Any person or care provider who is providing care for the protected minor, except that if the person or care provider is not related to the protected minor, such person or care provider must not receive copies of any inventory or accounting. (g) [The Director of the Department of Health and Human Services i [Text truncated for display. Full text available on LegiScan.]