Nevada § 159.0485 - Appointment of attorney for proposed protected person

§ 159.0485. Appointment of attorney for proposed protected person

1. Upon the filing of a petition for the appointment of a guardian for a proposed

protected person, the court shall appoint an attorney for the proposed protected person

unless the proposed protected person wishes to retain or has already retained an attorney

of his or her own choice. 2. The court shall: (a) If the proposed protected person resides in a county that has a program for legal

services for the indigent which provides legal services for protected persons and

proposed protected persons and the program is able to accept the case, appoint an

attorney who works for the organization operating the program to represent the proposed

protected person. After such an appointment, if it is ascertained that the proposed protected person

wishes to have another attorney represent him or her, the court shall appoint that

attorney to represent the proposed protected person. An attorney appointed pursuant to this subsection shall represent the proposed protected

person until relieved of the duty by court order. (b) If the proposed protected person resides in a county that does not have a program

for legal services for the indigent which provides legal services for protected persons

and proposed protected persons, or if such a program exists but the program is unable

to accept the case, the court shall determine whether the proposed protected person

has the ability to pay the reasonable compensation and expenses of an attorney from

his or her estate. If the proposed protected person: (1) Has the ability to pay the reasonable compensation and expenses of an attorney,

the court shall order an attorney to represent the proposed protected person and require

such compensation and expenses of the attorney to be paid from the estate of the proposed

protected person. (2) Does not have the ability to pay the reasonable compensation and expenses of an

attorney, the court may use the money retained pursuant to subparagraph (2) of paragraph

(a) of subsection 3 of NRS 247.305 to pay for an attorney to represent the proposed protected person. 3. If an attorney is appointed pursuant to paragraph (a) of subsection 2 and the proposed

protected person has the ability to pay the compensation and expenses of an attorney,

the organization operating the program for legal services may request that the court

appoint a private attorney to represent the proposed protected person, to be paid

by the proposed protected person. 4. If the court finds that a person has unnecessarily or unreasonably caused the appointment

of an attorney, the court may order the person to pay to the estate of the protected

person or proposed protected person all or part of the expenses associated with the

appointment of the attorney. 5. Any attorney who intends to seek compensation from the estate of the protected

person or proposed protected person must follow the procedure established in NRS 159.344 .