SB346 - Makes various changes relating to guardianship. (BDR 13-217)

- 83rd Session (2025) Senate Bill No. 346–Senators Scheible, Cruz-Crawford, Krasner; Dondero Loop, Nguyen, Ohrenschall, Pazina, Steinbeck and Stone Joint Sponsor: Assemblymember Hansen CHAPTER.......... AN ACT relating to guardianship; making various changes relating to guardianship; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth the procedures and requirements relating to the appointment of a guardian for a proposed protected person who is an adult. (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 attorney” for the purposes of the provisions of law governing guardianship of adults. Existing law: (1) authorizes a proposed protected person, a governmental agency, a nonprofit organization or an interested person to petition the court for the appointment of a guardian; (2) requires such a petition to include certain information; 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. Section 4 also requires that a licensed physician completing such an assessment include a determination of whether less restrictive alternatives to guardianship are available and sufficient to support the needs of the proposed protected person. Existing law requires a guardian of the person to make a written report containing certain information, file the report with the court and serve the report on the protected person and any attorney for the protected person. (NRS 159.081) 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 guardianship are not being considered. Existing law authorizes a protected person, the guardian or another person to petition the court for the termination or modification of a guardianship. Existing law provides that for such a petition to be granted, the petitioner must prove that the termination or modification of the guardianship is in the best interests of the protected person. (NRS 159.1905) Section 6 of this bill provides that such a petition may also be granted if the petitioner shows that the protected person has entered into a less restrictive alternative to a guardianship in lieu of the guardianship. Existing law: (1) sets forth certain procedures for a court to transfer a guardianship or conservatorship order from another state to this State; (2) requires that a petition to transfer include certain information; (3) with certain exceptions, requires a court to issue a provisional order and final order granting a petition to transfer in certain circumstances; and (4) requires a court to recognize a guardianship or conservatorship order from another state in certain circumstances. (NRS 159.2024) Section 6.5 of this bill requires that a petition to transfer must also include: (1) proof that less restrictive alternatives to guardianship were considered; – 2 – - 83rd Session (2025) 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 which the petition seeks to transfer the order. Section 6.5 also provides that if 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 petition seeks to transfer the order, the court: (1) is not required to recognize a guardianship or conservatorship order from the other state; and (2) may deny a petition to transfer. Existing law establishes the Protected Persons’ Bill of Rights, which sets forth certain specific rights of each protected person. (NRS 159.327, 159.328) Section 7 of this bill provides that a protected person has the right to be educated about less restrictive alternatives to guardianship. 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 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act. Sec. 1.3. “Less restrictive alternatives to guardianship” includes, without limitation: 1. A durable power of attorney for financial matters; 2. A durable power of attorney for health care; and 3. A supported decision-making agreement. Sec. 1.7. “Power of attorney” has the meaning ascribed to it in NRS 162A.090. Sec. 2. NRS 159.013 is hereby amended to read as follows: 159.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.014 to 159.0265, inclusive, and sections 1.3 and 1.7 of this act have the meanings ascribed to them in those sections. Sec. 3. (Deleted by amendment.) Sec. 4. NRS 159.044 is hereby amended to read as follows: 159.044 1. A proposed protected person, 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 person. – 3 – - 83rd Session (2025) (c) A copy of one of the following forms of identification of the proposed protected person 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 taxpayer identification number; (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) Whether the proposed protected person is a resident or nonresident of this State. (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. (f) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595 or 159A.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one protected person who is not related to the person by blood or marriage. As used in this paragraph, “protected person” includes a protected minor. (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 statute, maintained in a confidential manner: (1) A social security number; (2) A taxpayer identification number; (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. – 4 – - 83rd Session (2025) (h) Whether the proposed guardian has 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. (i) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation must include, without limitation: (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating: (I) The need for a guardian; (II) Whether the proposed protected person presents a danger to himself or herself or others; (III) Whether the attendance of the proposed protected person 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; and (V) Whether the proposed protected person is capable of living independently with or without assistance; and (2) If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person. (j) Whether the appointment of a general or a special guardian is sought. (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 the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed protected person by the United States through the Department of Veterans Affairs, the petition must so state. (l) The name and address of any person or care provider having the care, custody or control of the proposed protected person. (m) If the petitioner is not the spouse or natural child of the proposed protected person, a declaration explaining the relationship of the petitioner to the proposed protected person or to the family or – 5 – - 83rd Session (2025) friends of the proposed protected person, if any, and the interest, if any, of the petitioner in the appointment. (n) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship. (o) If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed protected person, whether the referral was from a law enforcement agency or a state or county agency. (p) Whether the proposed protected person or the proposed guardian is a party to any pending criminal or civil litigation. (q) Whether the guardianship is sought for the purpose of initiating litigation. (r) Whether the proposed protected person has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document. (s) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years. (t) An attestation that information on less restrictive alternatives to guardianship has been provided to the proposed protected person. 3. Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs [.] and which includes a determination of whether less restrictive alternatives to guardianship are available and sufficient to support the needs of the proposed protected person. The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed. Sec. 5. NRS 159.081 is hereby amended to read as follows: 159.081 1. A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the protected person and the exercise of authority and performance of duties by the guardian: (a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian; – 6 – - 83rd Session (2025) (b) Within 10 days of moving a protected person to a secured residential long-term care facility; and (c) At such other times as the court may order. 2. A report filed pursuant to paragraph (b) of subsection 1 must: (a) Include a copy of the written recommendation upon which the transfer was made; and (b) Except as otherwise provided in subsection 6, be served, without limitation, on the protected person and any attorney for the protected person. 3. The court may prescribe the form for filing a report described in subsection 1. Such a report must include, without limitation: (a) The physical condition of the protected person; (b) The place of residence of the protected person; (c) The name of all other persons living with the protected person unless the protected person is residing at a secured residential long-term care facility, group home, supportive living facility, home in which supported living arrangement services are provided, assisted living facility or other facility for long-term care; [and] (d) An explanation as to why less restrictive alternatives to guardianship in lieu of the guardianship are not being considered; and (e) Any other information required by the court. 4. The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court. 5. The court is not required to hold a hearing or ent [Text truncated for display. Full text available on LegiScan.]