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 minor, 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 minor, including, without limitation, the following:
(a) Supplying the protected minor with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected minor based on the financial situation and needs of the protected minor, 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 minor and commencing a proceeding if any property of the protected minor is in need of protection.
(c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected minor.
(d) Seeing that the protected minor is properly trained and educated and that the protected minor 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 minor. A guardian of the person may be required to incur expenses on behalf of the protected minor if the estate of the protected minor is insufficient to reimburse the guardian.
3. A guardian of the person is the protected minor’s personal representative 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 protected minor’s health care or health insurance.
4. A guardian of the person may, subject to the provisions of subsection 6 and NRS 159A.0807, establish and change the residence of the protected minor 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 minor 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 minor to a location outside of this State. The guardian must show that changing the residence of the protected minor to a location outside of this State is in the best interest of the protected minor or that there is no appropriate residence available for the protected minor in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159A.1905 or 159A.191 or the jurisdiction of the guardianship is transferred to the other state. Not later than 6 months after changing the residence of a protected minor to a location outside of this State, the guardian shall file a petition for guardianship in the state of the protected minor’s residence.
6. A guardian of the person must file a notice with the court of his or her intent to move a protected minor to or place a protected minor in a secured residential long-term care facility pursuant to subsection 4 of NRS 159A.0807 unless the secured residential long-term care facility is in this State and:
(a) An emergency condition exists pursuant to subsection 5 of NRS 159A.0807;
(b) The court has previously granted the guardian authority to move the protected minor to or place the protected minor 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.
(Added to NRS by 2017, 835, 2557)
Structure Nevada Revised Statutes
Chapter 159A - Guardianship of Minors
NRS 159A.014 - Care provider" defined.
NRS 159A.0145 - Citation" defined.
NRS 159A.015 - Court" defined.
NRS 159A.017 - Guardian" defined.
NRS 159A.018 - Home state" defined.
NRS 159A.0195 - Interested person" defined.
NRS 159A.023 - Minor" defined.
NRS 159A.0235 - Person of natural affection" defined.
NRS 159A.024 - Private professional guardian" defined.
NRS 159A.025 - Proposed protected minor" defined.
NRS 159A.0251 - Protected minor" defined.
NRS 159A.0253 - Protected person" defined.
NRS 159A.0255 - Secured residential long-term care facility" defined.
NRS 159A.0265 - State" defined.
NRS 159A.028 - Terms: "Writing" or "written."
NRS 159A.033 - Application to guardians ad litem.
NRS 159A.0345 - Court authorized to alter requirements concerning publication of notice or citation.
NRS 159A.0355 - Facsimile of certain papers may be filed with court.
NRS 159A.036 - Giving of notices and issuance of citations by clerk of court.
NRS 159A.037 - Venue for appointment of guardian.
NRS 159A.039 - Proceedings commenced in more than one county.
NRS 159A.041 - Transfer of proceedings to another county.
NRS 159A.043 - Titles of petitions; captions of petitions and other documents.
NRS 159A.044 - Petition for appointment of guardian: Who may submit; content.
NRS 159A.0445 - Filing of proposed preliminary care plan and budget.
NRS 159A.0475 - Manner of serving citation.
NRS 159A.0483 - Attorney for protected minor or proposed protected minor.
NRS 159A.0486 - Finding of vexatious litigant; sanctions.
NRS 159A.0487 - Types of guardians.
NRS 159A.049 - Appointment without issuance of citation.
NRS 159A.0535 - Attendance of proposed protected minor at hearing.
NRS 159A.054 - Finding of court upon petition: Dismissal of petition; appointment of guardian.
NRS 159A.055 - Burden of proof; order appointing guardian; notice of entry of order.
NRS 159A.0565 - Visitation between protected minor and parents or certain relatives.
NRS 159A.059 - Qualifications of guardian.
NRS 159A.0595 - Private professional guardians.
NRS 159A.062 - Guardian nominated by will.
NRS 159A.069 - Bond: Filing; remedy for breach.
NRS 159A.071 - Bond: Limitations on action.
NRS 159A.075 - Letters of guardianship.
NRS 159A.076 - Summary administration.
NRS 159A.077 - General functions of guardian of person and estate.
NRS 159A.081 - Reports by guardian of person.
NRS 159A.083 - General functions of guardian of estate.
NRS 159A.085 - Inventory, supplemental inventory and appraisal of property of protected minor.
NRS 159A.087 - Recording letters of guardianship.
NRS 159A.0893 - Access to account or other assets of protected minor.
NRS 159A.091 - Discovery of debts or property.
NRS 159A.095 - Representing protected minor in legal proceedings.
NRS 159A.097 - Voidable contracts and transactions of protected minor.
NRS 159A.099 - Liability of guardian of estate on contracts for protected minor.
NRS 159A.103 - Claims against estate of protected minor.
NRS 159A.107 - Presentment and verification of claims.
NRS 159A.109 - Examination and allowance or rejection of claims by guardian.
NRS 159A.111 - Recourse of claimant when claim rejected or not acted upon.
NRS 159A.115 - Notice of hearing of petition or account.
NRS 159A.121 - Borrowing money for protected minor.
NRS 159A.123 - Contracts of protected minor.
NRS 159A.125 - Gifts from estate of protected minor.
NRS 159A.132 - Property of protected minor subject to sale.
NRS 159A.134 - Selling real property of protected minor.
NRS 159A.136 - Order requiring guardian to sell real property of estate.
NRS 159A.1455 - Confirmation by court of sale of real property of guardianship estate.
NRS 159A.1475 - Sale of real property made upon credit.
NRS 159A.148 - Neglect or refusal of purchaser of real property to comply with terms of sale.
NRS 159A.1495 - Fraudulent sale of real property of protected minor by guardian.
NRS 159A.1505 - Periods of limitation for actions to recover or set aside sale of real property.
NRS 159A.1515 - Sale of personal property of protected minor by guardian without notice.
NRS 159A.152 - Sale of security of protected minor by guardian.
NRS 159A.1535 - Notice of sale of personal property of protected minor.
NRS 159A.157 - Lease of property of protected minor.
NRS 159A.159 - Contract with broker to secure lessee.
NRS 159A.161 - Petition for approval of lease: Content; conditions for approval.
NRS 159A.163 - Agreement for rental or bailment of personal property.
NRS 159A.165 - Lease of mining claim or mineral rights; option to purchase.
NRS 159A.1653 - Petition to enter into agreement; setting date of hearing; notice.
NRS 159A.1657 - Hearing on petition; court order; recording of court order.
NRS 159A.166 - Bond and actions required upon court order to enter into agreement.
NRS 159A.167 - Special sale of property of protected minor or surrender of interest therein.
NRS 159A.169 - Advice, instructions and approval of acts of guardian.
NRS 159A.171 - Executing and recording legal documents.
NRS 159A.175 - Exchange or partition of property of protected minor.
NRS 159A.176 - Review of guardianship by court.
NRS 159A.177 - Time for filing account; service of account.
NRS 159A.181 - Hearing of account.
NRS 159A.183 - Compensation and expenses of guardian.
NRS 159A.184 - Accounting by certain care providers.
NRS 159A.1845 - Appointment of temporary substitute guardian.
NRS 159A.185 - Conditions for removal.
NRS 159A.1853 - Petition for removal.
NRS 159A.187 - Appointment of successor guardian upon death or removal of existing guardian.
NRS 159A.1871 - Appointment of successor guardian immediately or upon designated event.
NRS 159A.1873 - Petition tendering resignation.
NRS 159A.1875 - Approval of resignation of guardian of person.
NRS 159A.1915 - Termination of guardianship before emancipation of protected minor; burden of proof.
NRS 159A.192 - Termination of temporary guardianship.
NRS 159A.193 - Winding up affairs.
NRS 159A.199 - Discharge of guardian; exoneration of bond; order of discharge.
NRS 159A.19905 - Time period for which certain records are required to be maintained.
NRS 159A.2023 - Transfer of jurisdiction of guardianship to another state.
NRS 159A.2024 - Transfer of jurisdiction of guardianship from another state to this State.
NRS 159A.2025 - Registration of guardianship orders issued in another state.
NRS 159A.2027 - Effect of registration of guardianship orders issued in another state.
NRS 159A.203 - Delivering property or paying obligations to foreign guardian.
NRS 159A.215 - Guardian of person of minor child of member of Armed Forces.
NRS 159A.339 - Assumption of jurisdiction by court of trust of which protected minor is beneficiary.
NRS 159A.345 - Imposition of penalties upon certain misconduct by guardian.
NRS 159A.375 - Appeals to appellate court of competent jurisdiction.