AB387 - Revises provisions governing guardianship of minors. (BDR 13-869)

- 83rd Session (2025) Assembly Bill No. 387–Committee on Judiciary CHAPTER.......... AN ACT relating to guardianship; revising provisions relating to service of certain notices, petitions and citations relating to guardianships of minors; revising provisions relating to the appointment, modification, removal or termination of guardianships of minors; revising provisions relating to the powers and duties of guardians of minors; revising provisions relating to the management of the estates, property and other assets of protected minors; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes procedures relating to the appointment of guardians of minors and prescribes the powers and duties of the guardians. (Chapter 159A of NRS) Specifically, existing law requires a notice of a petition in a guardianship proceeding for a minor, the petition and a citation relating to the time and place of the hearing on the petition to be served on certain persons. (NRS 159A.034, 159A.047, 159A.0475) Sections 3, 8 and 9 of this bill make various changes related to the persons who are required to be served with the notice, petition or citation. Existing law prescribes the method of service related to certain petitions and citations required to be served in guardianship proceedings for minors. (NRS 159A.034, 159A.0475, 159A.052, 159A.053) Sections 3, 9, 13 and 14 of this bill make various changes related to the method of service. Existing law requires a petition for the appointment of a guardian for a minor to include certain information. (NRS 159A.044) Similarly, existing law sets forth the information that must be contained in a petition for the appointment of a temporary guardian of a minor. (NRS 159A.053) Sections 4 and 14 of this bill revise the information that is required to be contained in the petition for the appointment of a guardian and a petition for the appointment of a temporary guardian, respectively. Existing law requires a proposed guardian to file a proposed preliminary care plan and budget under certain circumstances. (NRS 159A.0445) Section 5 of this bill: (1) expands the circumstances under which a proposed guardian may be required to file a proposed preliminary care plan and budget; and (2) requires the annual review and revision of the budget under certain circumstances. Existing law authorizes a court to appoint an attorney to represent a protected minor or proposed protected minor in guardianship proceedings. (NRS 159A.045) Section 6 of this bill provides that if a court appoints an attorney to represent a protected minor or proposed protected minor in a jurisdiction where there are certain established programs for legal services, the court must appoint an attorney from that program in those circumstances. Section 6 also establishes provisions that address the scenario under which the program for legal services has insufficient funding to support the representation of each child who would otherwise qualify for the appointment of an attorney under the new procedures and requires such attorneys to comply with the Nevada Rules of Professional Conduct. Sections 7 and 10 of this bill make certain changes to reflect the procedures for the appointment of an attorney under section 6. Section 11 of this bill deems a protected minor or proposed protected minor who is the subject of guardianship proceedings to be a party to the proceedings. – 2 – - 83rd Session (2025) Existing law authorizes a court to determine that a petitioner is a vexatious litigant under certain circumstances. (NRS 159A.0486) Section 12 of this bill expands the circumstances under which a court may find that a petitioner is a vexatious litigant to include certain acts involving a parent of a protected minor or proposed protected minor. Existing law authorizes a person to petition the court for the appointment of a temporary guardian under certain circumstances. (NRS 159A.052, 159A.053) Sections 13 and 14 make various changes to these procedures for the purpose of providing that a court may require a hearing on the petition before determining the need to appoint a temporary guardian. Existing law requires a proposed protected minor to attend a hearing for the appointment of a guardian unless certain evidence is shown to the court. (NRS 159A.0535) Section 15 of this bill removes this requirement related to the evidence and instead authorizes the court to waive the requirement for physical attendance or remote appearance for good cause shown. Existing law establishes various procedures related to the issuance of orders for the appointment of a guardian and the burden of proof for the petitioner and certain other persons. (NRS 159A.055, 159A.0565, 159A.061) Section 16 of this bill requires the petitioner to prove by clear and convincing evidence that the appointment of a guardian is in the best interests of the proposed protected minor. Sections 16-18 of this bill also make various changes related to the issuance of such orders. Existing law requires a guardian of a protected minor to perform certain duties that are necessary for the proper care, maintenance, education and support of the protected minor. (NRS 159A.079) Section 20 of this bill additionally requires a guardian to facilitate appropriate contact between a protected minor and each parent of the protected minor under certain circumstances. Existing law establishes certain requirements relating to the placement of a protected minor in a secured residential long-term care facility. (NRS 159A.079, 159A.0807) Sections 20 and 21 of this bill make these requirements applicable to the placement of a protected minor in a facility that provides residential treatment. Sections 20 and 22 of this bill also remove certain unnecessary references to the employment of certain providers of health care by the Department of Veterans Affairs. Existing law requires a guardian of a protected minor to file an annual report and prescribes the required contents of the report. (NRS 159A.081) Section 23 of this bill requires the report to include the frequency of visitation between the protected minor and any parent of the protected minor. Existing law establishes the duties of a guardian of the estate of a protected minor. (NRS 159A.083) Section 24 of this bill revises and expands the duties of a guardian of the estate related to investing, financial accounting, the expenditure of money and the management of certain other property. Section 27 of this bill makes similar changes concerning the expenditure of money related to a guardian of a protected minor who is not a guardian of the estate of a protected minor. (NRS 159A.112) Sections 19, 25-31, 36 and 39 of this bill make various other changes related to the estate of a protected minor. Existing law requires a guardian to notify the court if the guardian is subject to certain disqualifying events. (NRS 159A.1852) Section 32 of this bill removes certain circumstances under which a guardian is required to provide such notice. Existing law authorizes certain persons to petition the court to remove a guardian. (NRS 159A.1853) Section 33 of this bill revises the persons who may file such a petition by removing the authority of a public guardian to file the petition and additionally authorizing an attorney of a protected minor or agency which – 3 – - 83rd Session (2025) provides child welfare services to file the petition. Section 37 of this bill requires a court to consider certain factors related to petitions filed by the parent of a protected minor. (NRS 159A.1915) Sections 33, 35, 38 and 40 of this bill revise the remedial actions that can be taken by a court under certain circumstances. Existing law authorizes a court to appoint another guardian when a guardian dies or is removed by an order of the court. (NRS 159A.187) Section 34 of this bill requires the court to provide notice of the matter to an agency which provides child welfare services if a guardian dies or is removed and there is not a qualified guardian or temporary substitute guardian willing to serve. Section 1 of this bill defines the term “agency which provides child welfare services” for the purposes of the provisions of law governing guardianships of minors. Section 2 of this bill makes a conforming change to indicate that the definition applies to the existing provisions of law. Section 42 of this bill repeals various provisions of law related to the guardianship of minors. Sections 2-4, 8 and 9 of this bill make conforming changes relating to the repeal of such provisions. 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. Chapter 159A of NRS is hereby amended by adding thereto a new section to read as follows: “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030. Sec. 2. NRS 159A.013 is hereby amended to read as follows: 159A.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [159A.014] 159A.0145 to 159A.0265, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections. Sec. 3. 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 – 4 – - 83rd Session (2025) served a copy of the request upon the guardian or the proposed 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 if the protected minor has received or is receiving benefits from Medicaid.] An agency which provides child welfare services, if the proposed protected minor is in the care, custody or control of the agency which provides child welfare services. (h) Those persons entitled to notice if a proceeding were brought in the protected minor’s home state. 2. The petitioner shall give notice not later than 10 days before the date set for the hearing: (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; (b) By personal service; or (c) In any other manner ordered by the court, upon a showing of good cause. 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] may be made [by publication] in [the] any manner [provided] prescribed by the Nevada Rules of Civil Procedure. In all such cases, the notice must be [published] served not later than 10 days before the date set for the hearing. 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, the court may waive the notice [by publication] required by this subsection. 4. For good cause shown, the court may waive the requirement of giving notice. 5. A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court. – 5 – - 83rd Session (2025) 6. On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section. 7. A request for notice filed pursuant to paragraph (d) of subsection 1: (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; and (b) Does not make the interested person a party to the guardianship proceeding. Sec. 4. NRS 159A.044 is hereby amended to read as follows: 159A.044 1. Except as otherwise provided in NRS 127.045, a proposed protected minor, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian. 2. To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation: (a) The name and address of the petitioner. (b) The name, date of birth and current address of the proposed protected minor. (c) A copy of one of the following forms of identification of the proposed protected minor 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 statute, maintained in a confidential manner: (1) A social security number; (2) A birth certificate; (3) A valid driver’s license number; (4) A valid identification card number; (5) A valid passport number; (6) A valid permanent resident card number; or (7) A valid tribal identification card number.  If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court. (d) The date on which the proposed protected minor will attain the age of majority and: (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and (2) Whether the petitione [Text truncated for display. Full text available on LegiScan.]