1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the protected person, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the protected person, including, without limitation, the following:
(a) Supplying the protected person with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected person based on the financial situation and needs of the protected person, including, without limitation, any medical needs or needs relating to his or her care.
(b) Taking reasonable care of any clothing, furniture, vehicles and other personal effects of the protected person and commencing a proceeding if any property of the protected person is in need of protection.
(c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected person.
(d) Seeing that the protected person is properly trained and educated and that the protected person has the opportunity to learn a trade, occupation or profession.
2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the protected person. A guardian of the person is not required to incur expenses on behalf of the protected person except to the extent that the estate of the protected person is sufficient to reimburse the guardian.
3. A guardian of the person is the personal representative of the protected person for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations. The guardian of the person has authority to obtain information from any government agency, medical provider, business, creditor or third party who may have information pertaining to the health care or health insurance of the protected person.
4. A guardian of the person may, subject to the provisions of subsection 6 and NRS 159.0807, establish and change the residence of the protected person at any place within this State. The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the protected person and which is financially feasible.
5. A guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the protected person to a location outside of this State. The guardian must show that the placement outside of this State is in the best interest of the protected person or that there is no appropriate residence available for the protected person in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159.1905 or 159.191 or the jurisdiction of the guardianship is transferred to the other state.
6. A guardian of the person must file a notice with the court of his or her intent to move a protected person to or place a protected person in a secured residential long-term care facility pursuant to subsection 4 of NRS 159.0807 unless the secured residential long-term care facility is in this State and:
(a) An emergency condition exists pursuant to paragraph (a) of subsection 4 of NRS 159.0807;
(b) The court has previously granted the guardian authority to move the protected person to or place the protected person in such a facility based on findings made when the court appointed the guardian; or
(c) The move or placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services.
7. This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
8. As used in this section "protective services" has the meaning ascribed to it in NRS 200.5092.
(Added to NRS by 1969, 418; A 1999, 1399; 2003, 1786; 2009, 1656; 2013, 917; 2017, 2557; 2019, 1239)
Structure Nevada Revised Statutes
Chapter 159 - Guardianship of Adults
NRS 159.014 - "Care provider" defined.
NRS 159.0145 - "Citation" defined.
NRS 159.015 - "Court" defined.
NRS 159.017 - "Guardian" defined.
NRS 159.018 - "Home state" defined.
NRS 159.019 - "Incapacitated" defined.
NRS 159.0195 - "Interested person" defined.
NRS 159.022 - "Limited capacity" defined.
NRS 159.023 - "Minor" defined.
NRS 159.0235 - "Person of natural affection" defined.
NRS 159.024 - "Private professional guardian" defined.
NRS 159.025 - "Proposed protected person" defined.
NRS 159.0251 - "Protected minor" defined.
NRS 159.0253 - "Protected person" defined.
NRS 159.0255 - "Secured residential long-term care facility" defined.
NRS 159.026 - "Special guardian" defined.
NRS 159.0265 - "State" defined.
NRS 159.028 - Terms: "Writing" or "written."
NRS 159.033 - Application to guardians ad litem.
NRS 159.0345 - Court authorized to alter requirements concerning publication of notice or citation.
NRS 159.0355 - Facsimile of certain papers may be filed with court.
NRS 159.036 - Giving of notices and issuance of citations by clerk of court.
NRS 159.037 - Venue for appointment of guardian.
NRS 159.039 - Proceedings commenced in more than one county.
NRS 159.041 - Transfer of proceedings to another county.
NRS 159.043 - Titles of petitions; captions of petitions and other documents.
NRS 159.0445 - Filing of proposed preliminary care plan and budget.
NRS 159.0455 - Appointment and duties of guardians ad litem.
NRS 159.046 - Appointment, duties and compensation of investigators.
NRS 159.0475 - Manner of serving citation.
NRS 159.048 - Contents of citation.
NRS 159.0485 - Appointment of attorney for proposed protected person.
NRS 159.0486 - Finding of vexatious litigant; sanctions.
NRS 159.0487 - Types of guardians.
NRS 159.0535 - Attendance of proposed protected person at hearing.
NRS 159.055 - Burden of proof; order appointing guardian; notice of entry of order.
NRS 159.0592 - Court may require guardian to complete training.
NRS 159.0594 - Determination of whether proposed protected person lacks mental capacity to vote.
NRS 159.0595 - Private professional guardians.
NRS 159.062 - Guardian nominated by will.
NRS 159.069 - Bond: Filing; remedy for breach.
NRS 159.071 - Bond: Limitations on action.
NRS 159.075 - Letters of guardianship.
NRS 159.0753 - Requirements; form; Secretary of State to make form available; regulations.
NRS 159.076 - Summary administration.
NRS 159.077 - General functions of guardian of person and estate.
NRS 159.0795 - Supervisory authority and powers of special guardian.
NRS 159.081 - Reports by guardian of person; waiver of requirement.
NRS 159.083 - General functions of guardian of estate.
NRS 159.085 - Inventory, supplemental inventory and appraisal of property of protected person.
NRS 159.087 - Recording letters of guardianship.
NRS 159.0893 - Access to account or other assets of protected person.
NRS 159.091 - Discovery of debts or property.
NRS 159.093 - Collecting obligations due protected person.
NRS 159.095 - Representing protected person in legal proceedings.
NRS 159.097 - Voidable contracts and transactions of protected person.
NRS 159.099 - Liability of guardian of estate on contracts for protected person.
NRS 159.101 - Exercising rights under stock ownership of protected person.
NRS 159.103 - Claims against estate of protected person.
NRS 159.107 - Presentment and verification of claims.
NRS 159.109 - Examination and allowance or rejection of claims by guardian.
NRS 159.111 - Recourse of claimant when claim rejected or not acted upon.
NRS 159.115 - Notice of hearing of petition or account.
NRS 159.119 - Continuing business of protected person.
NRS 159.121 - Borrowing money for protected person.
NRS 159.123 - Contracts of protected person.
NRS 159.125 - Gifts from estate of protected person; expenditures for relatives of protected person.
NRS 159.132 - Property of protected person subject to sale.
NRS 159.134 - Selling real property of protected person.
NRS 159.136 - Order requiring guardian to sell real property of estate.
NRS 159.1455 - Confirmation by court of sale of real property of guardianship estate.
NRS 159.1475 - Sale of real property made upon credit.
NRS 159.148 - Neglect or refusal of purchaser of real property to comply with terms of sale.
NRS 159.1495 - Fraudulent sale of real property of protected person by guardian.
NRS 159.1505 - Periods of limitation for actions to recover or set aside sale of real property.
NRS 159.152 - Sale of security of protected person by guardian.
NRS 159.157 - Lease of property of protected person.
NRS 159.159 - Contract with broker to secure lessee.
NRS 159.161 - Petition for approval of lease: Content; conditions for approval.
NRS 159.163 - Agreement for rental or bailment of personal property.
NRS 159.165 - Lease of mining claim or mineral rights; option to purchase.
NRS 159.1653 - Petition to enter into agreement; setting date of hearing; notice.
NRS 159.1657 - Hearing on petition; court order; recording of court order.
NRS 159.166 - Bond and actions required upon court order to enter into agreement.
NRS 159.167 - Special sale of property of protected person or surrender of interest therein.
NRS 159.169 - Advice, instructions and approval of acts of guardian.
NRS 159.171 - Executing and recording legal documents.
NRS 159.173 - Transfer of property of protected person not ademption.
NRS 159.175 - Exchange or partition of property of protected person.
NRS 159.2029 - Uniformity of application and construction.
NRS 159.176 - Review of guardianship by court.
NRS 159.177 - Time for filing account; service of account.
NRS 159.181 - Hearing of account.
NRS 159.183 - Compensation and expenses of guardian.
NRS 159.184 - Accounting by certain care providers.
NRS 159.1845 - Appointment of temporary substitute guardian; removal.
NRS 159.185 - Conditions for removal.
NRS 159.1853 - Petition for removal.
NRS 159.187 - Appointment of successor guardian upon death or removal of existing guardian.
NRS 159.1871 - Appointment of successor guardian immediately or upon designated event.
NRS 159.1873 - Petition tendering resignation.
NRS 159.1875 - Approval of resignation of guardian of person.
NRS 159.192 - Termination of temporary guardianship.
NRS 159.193 - Winding up affairs.
NRS 159.199 - Discharge of guardian; exoneration of bond; order of discharge.
NRS 159.19905 - Time period for which certain records are required to be maintained.
NRS 159.1993 - International application of Act.
NRS 159.1994 - Communication with other courts.
NRS 159.1995 - Cooperation with other courts.
NRS 159.1997 - Taking testimony in another state.
NRS 159.1998 - General provisions governing jurisdiction and special jurisdiction.
NRS 159.1999 - Declination of jurisdiction generally.
NRS 159.202 - Declination of jurisdiction by reason of conduct.
NRS 159.2021 - Proceedings in more than one state.
NRS 159.2023 - Transfer of jurisdiction of guardianship to another state.
NRS 159.2025 - Registration of guardianship orders issued in another state.
NRS 159.2027 - Effect of registration of guardianship orders issued in another state.
NRS 159.203 - Delivering property or paying obligations to foreign guardian.
NRS 159.328 - Legislative declaration of protected persons’ rights.
NRS 159.329 - Duties of courts.
NRS 159.331 - "Relative" defined.
NRS 159.337 - Burden of proof.
NRS 159.338 - Attorney’s fees and sanctions.
NRS 159.339 - Assumption of jurisdiction by court of trust of which protected person is beneficiary.
NRS 159.341 - State Guardianship Compliance Office: Creation; State Guardianship Compliance Officer.
NRS 159.345 - Imposition of penalties upon certain misconduct by guardian.
NRS 159.375 - Appeals to appellate court of competent jurisdiction.