Nevada Revised Statutes
Chapter 159A - Guardianship of Minors
NRS 159A.186 - Additional limitation governing removal; considerations for court in determining best interests of protected minor; removal of guardian.


1. Notwithstanding any other provision of law, except as otherwise provided in subsection 3, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the protected minor.
2. For the purposes of this section in determining the best interests of the protected minor, the court shall consider, without limitation:
(a) The ability of the present guardian to provide for the basic needs of the protected minor, including, without limitation, food, shelter, clothing and medical care;
(b) The safety of the home in which the protected minor is residing;
(c) The length of time that the protected minor has been in the care of the present guardian;
(d) The current well-being of the protected minor, including whether the protected minor is prospering in the environment being provided by the present guardian;
(e) The emotional bond existing between the present guardian and the protected minor;
(f) If the person petitioning the court to replace the present guardian was previously removed from the care, custody or guardianship of the protected minor:
(1) The level of participation before the petition was filed by the petitioner in the welfare of the protected minor; and
(2) If applicable, whether the petitioner has received instruction in parenting, participated in a program of rehabilitation or undergone counseling for any problem or conduct that the court, in appointing the present guardian, considered as an indication of the previous unfitness of the petitioner; and
(g) The mental and physical health of the present guardian.
3. The court may remove the guardian of a protected minor or appoint another person as guardian if the guardian files a petition to resign his or her position as guardian.
(Added to NRS by 2017, 859)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 159A - Guardianship of Minors

NRS 159A.013 - Definitions.

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.034 - Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court.

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.045 - Appointment of attorney to represent protected minor or proposed protected minor; duties; compensation.

NRS 159A.0455 - Appointment of guardian ad litem or advocate for best interests of protected minor or proposed protected minor; requirements; duties; compensation.

NRS 159A.046 - Appointment and duties of investigators; payment of expenses associated with investigation in certain circumstances.

NRS 159A.047 - Issuance of citation upon filing of petition for appointment of guardian; persons required to be served; filing of affidavit of service.

NRS 159A.0475 - Manner of serving citation.

NRS 159A.048 - Contents of citation; appointment of attorney, guardian ad litem or advocate for best interests of proposed protected minor during proceedings on 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.052 - Temporary guardian for proposed protected minor in need of immediate medical attention: Petition for appointment; conditions; required notice; extension.

NRS 159A.053 - Temporary guardian for person, estate, or person and estate of proposed protected minor: Petition for appointment; required notice; extension; limited powers.

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.056 - Order for payment for support of proposed protected minor; assignment of payment to guardian.

NRS 159A.0565 - Visitation between protected minor and parents or certain relatives.

NRS 159A.057 - Appointment of guardian for two or more proposed protected minors; powers, duties and termination of such guardianships.

NRS 159A.059 - Qualifications of guardian.

NRS 159A.0595 - Private professional guardians.

NRS 159A.061 - Preference for appointment of parent as guardian for proposed protected minor; exception; other considerations in determining qualifications and suitability of guardian.

NRS 159A.0615 - Appointment of master of court or special master to identify person most qualified and suitable to serve as guardian; hearing; recommendation.

NRS 159A.0617 - Court or master of court or special master authorized to allow certain persons to testify at hearing to determine person most qualified and suitable to serve as guardian.

NRS 159A.062 - Guardian nominated by will.

NRS 159A.065 - Bond: General requirements; approval by clerk; liability of sureties; not required under certain circumstances.

NRS 159A.067 - Bond: Court may require increase, decrease or other change; exoneration of former sureties.

NRS 159A.069 - Bond: Filing; remedy for breach.

NRS 159A.071 - Bond: Limitations on action.

NRS 159A.073 - Taking oath of office; filing appropriate documents and verified acknowledgment; contents of acknowledgment; acknowledgment not required under certain circumstances.

NRS 159A.074 - Copy of order of appointment to be served upon protected minor; notice of entry of order to be filed with court.

NRS 159A.075 - Letters of guardianship.

NRS 159A.0755 - Disposition of estate having value not exceeding by more than $10,000 aggregate amount of unpaid expenses of and claims against estate.

NRS 159A.076 - Summary administration.

NRS 159A.077 - General functions of guardian of person and estate.

NRS 159A.078 - Petition by guardian or other interested person for order authorizing or directing guardian to take certain actions.

NRS 159A.079 - General functions of guardian of person; establishment or change of residence of protected minor by guardian.

NRS 159A.0805 - Approval of court required before guardian may consent to certain treatment of or experiment on protected minor; conditions for approval.

NRS 159A.0807 - Moving location of protected minor: Filing and service of notice of intent to move; necessary temporary action authorized for emergency conditions; circumstances in which notice not required.

NRS 159A.0809 - Notification to interested persons and persons of natural affection required upon impending death or death of protected minor or obtaining information concerning burial or cremation of protected minor.

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.086 - Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal.

NRS 159A.0865 - Certification of appraiser, certified public accountant or expert in valuation; form of appraisal or valuation; purchase by appraiser, certified public accountant or expert in valuation without disclosure prohibited; penalties.

NRS 159A.087 - Recording letters of guardianship.

NRS 159A.089 - Possession of and title to property of protected minor; guardian to secure certain documents.

NRS 159A.0893 - Access to account or other assets of protected minor.

NRS 159A.0895 - Assets retained to pay expenses of funeral and disposal of remains of protected minor: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected minor.

NRS 159A.091 - Discovery of debts or property.

NRS 159A.093 - Collecting obligations due protected minor; order for payment of support of protected minor; notice.

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.105 - Payment of claims of guardian and claims arising from contracts of guardian; report of claims and payment.

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.112 - Authorized actions by guardian of the person if guardian of the estate has not been appointed; payment of excess money to appointed guardian of the estate; certain compensation authorized.

NRS 159A.113 - Guardian required to petition court before taking certain actions; guardian may petition court before taking certain other actions; content of petition.

NRS 159A.115 - Notice of hearing of petition or account.

NRS 159A.117 - Court approval required to make certain investments and loans and to exercise certain options; certain investments authorized without prior approval; investing property of two or more protected persons.

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.127 - Purposes for which property of protected minor may be sold, leased or placed in trust.

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.1365 - Application of money from sale of real property of protected minor that is subject to mortgage or other lien.

NRS 159A.1375 - Sale of real property of protected minor to holder of mortgage or lien on such property.

NRS 159A.138 - Sale of equity of estate in real property of protected minor that is subject to mortgage or lien and of property that is subject to mortgage or lien.

NRS 159A.1385 - Contract for sale of real property of protected minor authorized; limitation on commission; liability of guardian and estate.

NRS 159A.1415 - Presentation of offer to purchase real property to court for confirmation; division of commission for sale of such property.

NRS 159A.142 - Sale of interest of protected minor in real property owned jointly with one or more persons.

NRS 159A.1425 - Notice of sale of real property of protected minor: When required; manner of providing; waiver; content.

NRS 159A.144 - Sale of real property of guardianship estate: Requirements for establishing date; manner of making offers.

NRS 159A.1455 - Confirmation by court of sale of real property of guardianship estate.

NRS 159A.146 - Hearing to confirm sale of real property: Considerations; conditions for confirmation; actions of court if sale is not confirmed; continuance; circumstances in which sale is confirmed without bidding.

NRS 159A.1465 - Conveyance of real property of guardianship estate to purchaser upon confirmation of sale by court.

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.154 - Place and manner of sale of personal property of protected minor; report by guardian; first right of refusal of family members.

NRS 159A.156 - Sale of interest in personal property pledged to protected minor and choses in action of estate 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.1663 - Neglect or refusal of purchaser of mining claim or of option holder to comply with terms of agreement.

NRS 159A.1667 - Petition for confirmation of proceedings concerning agreement: When required; notice; hearing.

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.179 - Contents of account; retention of receipts or vouchers for all expenditures; proving payment when receipt or voucher is lost.

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.1852 - Duty of guardian to notify court if no longer qualified to serve as guardian; appointment of successor guardian.

NRS 159A.1853 - Petition for removal.

NRS 159A.1855 - Issuance and service of citation concerning filing of petition for removal; actions of court if protected minor or estate may suffer loss or injury during time required for service.

NRS 159A.1857 - Actions of court when petition to remove guardian is deemed sufficient and guardian fails to appear.

NRS 159A.186 - Additional limitation governing removal; considerations for court in determining best interests of protected minor; removal of guardian.

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.1877 - Resignation of guardian of estate: Accounting required before approval; sanctions for failure to file accounting; acceptance when estate has more than one guardian; court order.

NRS 159A.1905 - Petition for termination or modification; appointment of attorney to represent protected minor; burden of proof; issuance of citation; penalties for not filing petition in good faith.

NRS 159A.191 - Termination of guardianship of person, estate or person and estate; procedure upon death of protected minor.

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.195 - Disposition of claims of creditor after termination of guardianship by death of protected minor.

NRS 159A.197 - Delivery of physical possession of property of protected minor; petition to modify title to such property; handling property of deceased protected minor.

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.205 - Appointment of short-term guardianship for minor child by parent: When authorized; content of written instrument; term; termination.

NRS 159A.215 - Guardian of person of minor child of member of Armed Forces.

NRS 159A.305 - Petition alleging that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property.

NRS 159A.315 - Order of court upon findings concerning allegations that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to property; nonappearanc...

NRS 159A.339 - Assumption of jurisdiction by court of trust of which protected minor is beneficiary.

NRS 159A.3395 - Protected minor or attorney entitled to copies of accountings for trust created by or for benefit of protected minor; submission of trust to jurisdiction of court.

NRS 159A.342 - Determination as to whether guardian has already been appointed upon application by person to be designated as guardian.

NRS 159A.344 - Payment of attorney’s fees and costs incurred as result of representation by attorney in guardianship proceeding: Liability; petition for payment from guardianship estate; procedure upon filing petition.

NRS 159A.345 - Imposition of penalties upon certain misconduct by guardian.

NRS 159A.346 - Appropriate actions authorized upon violation by guardian of any right of protected minor.

NRS 159A.375 - Appeals to appellate court of competent jurisdiction.