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

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

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.