Nevada § 159.0613 - Protected persons: Preference for appointment of certain persons; other considerations in determining qualifications and suitability of guardian; appointment of nonresident guardian under certain circumstances; appointment of other persons; disqualifications

§ 159.0613. Protected persons: Preference for appointment of certain persons; other considerations in determining qualifications and suitability of guardian; appointment of nonresident guardian under certain circumstances; appointment of other persons; disqualifications

1. Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian

for a protected person or proposed protected person, the court shall give preference

to a nominated person or relative, in that order of preference: (a) Whether or not the nominated person or relative is a resident of this State;

and (b) If the court determines that the nominated person or relative is qualified and

suitable to be appointed as guardian for the protected person or proposed protected

person. 2. In determining whether any nominated person, relative or other person listed in

subsection 4 is qualified and suitable to be appointed as guardian for a protected

person or proposed protected person, the court shall consider, if applicable and without

limitation: (a) The ability of the nominated person, relative or other person to provide for the

basic needs of the protected person or proposed protected person, including, without

limitation, food, shelter, clothing and medical care; (b) Whether the nominated person, relative or other person has engaged in the habitual

use of alcohol or any controlled substance during the previous 6 months, except the

use of cannabis in accordance with the provisions of chapter 678C of NRS ; (c) Whether the nominated person, relative or other person has been judicially determined

to have committed abuse, neglect, exploitation, isolation or abandonment of a child,

his or her spouse, his or her parent or any other adult, unless the court finds that

it is in the best interests of the protected person or proposed protected person to

appoint the person as guardian for the protected person or proposed protected person; (d) Whether the nominated person, relative or other person is incapacitated or has

a disability; and (e) Whether the nominated person, relative or other person has been convicted in this

State or any other jurisdiction of a felony, unless the court determines that any

such conviction should not disqualify the person from serving as guardian for the

protected person or proposed protected person. 3. If the court finds that two or more nominated persons are qualified and suitable

to be appointed as guardian for a protected person or proposed protected person, the

court may appoint two or more nominated persons as co-guardians or shall give preference

among them in the following order of preference: (a) A person whom the protected person or proposed protected person nominated for

the appointment as guardian for the protected person or proposed protected person

in a will, trust or other written instrument that is part of the established estate

plan of the protected person or proposed protected person and was executed by the

protected person or proposed protected person while he or she was not incapacitated. (b) A person whom the protected person or proposed protected person requested for

the appointment as guardian for the protected person or proposed protected person

in a request to nominate a guardian that is executed in accordance with NRS 159.0753 . 4. Subject to the preferences set forth in subsections 1 and 3, the court shall appoint

as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition

to considering any applicable factors set forth in subsection 2, give consideration,

among other factors, to: (a) Any nomination or request for the appointment as guardian by the protected person

or proposed protected person. (b) Any nomination or request for the appointment as guardian by a relative. (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed

guardian to the protected person or proposed protected person. In considering preferences of appointment, the court may consider relatives of the

half blood equally with those of the whole blood. The court may consider any relative in the following order of preference: (1) A spouse or domestic partner. (2) A child. (3) A parent. (4) Any relative with whom the protected person or proposed protected person has resided

for more than 6 months before the filing of the petition or any relative who has a

power of attorney executed by the protected person or proposed protected person while

he or she was not incapacitated. (5) Any relative currently acting as agent. (6) A sibling. (7) A grandparent or grandchild. (8) An uncle, aunt, niece, nephew or cousin. (9) Any other person recognized to be in a familial relationship with the protected

person or proposed protected person. (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615 . (e) Any request for the appointment of any other interested person that the court

deems appropriate, including, without limitation, a person who is not a relative and

who has a power of attorney executed by the protected person or proposed protected

person while he or she was not incapacitated. 5. The court may appoint as guardian any nominated person, relative or other person

listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident

if the court determines that: (a) The nonresident is more qualified and suitable to serve as guardian; and (b) The distance from the proposed guardian's place of residence and the place of

residence of the protected person or proposed protected person will not affect the

quality of the guardianship or the ability of the proposed guardian to make decisions

and respond quickly to the needs of the protected person or proposed protected person

because: (1) A person or care provider in this State is providing continuing care and supervision

for the protected person or proposed protected person; (2) The protected person or proposed protected person is in a secured residential

long-term care facility in this State; or (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian

will move to this State or the protected person or proposed protected person will

move to the proposed guardian's state of residence. 6. If the court appoints a nonresident as guardian for the protected person or proposed

protected person: (a) The jurisdictional requirements of NRS 159.1991 to 159.2029 , inclusive, must be met. (b) The court shall order the guardian to designate a registered agent in this State

in the same manner as a represented entity pursuant to chapter 77 of NRS and provide

notice of the designation of a registered agent to the court. After the court is provided with such notice, the court shall monitor the information

of the registered agent using the records of the Secretary of State. (c) The court may require the guardian to complete any available training concerning

guardianships pursuant to NRS 159.0592 , in this State or in the state of residence of the guardian, regarding: (1) The legal duties and responsibilities of the guardian pursuant to this chapter; (2) The preparation of records and the filing of annual reports regarding the finances

and well-being of the protected person or proposed protected person required pursuant

to NRS 159.073 ; (3) The rights of the protected person or proposed protected person; (4) The availability of local resources to aid the protected person or proposed protected

person; and (5) Any other matter the court deems necessary or prudent. 7. If the court finds that there is not any suitable nominated person, relative or

other person listed in subsection 4 to appoint as guardian, the court may appoint

as guardian: (a) The public guardian of the county where the protected person or proposed protected

person resides if: (1) There is a public guardian in the county where the protected person or proposed

protected person resides; and (2) The protected person or proposed protected person qualifies for a public guardian

pursuant to chapter 253 of NRS ; (b) A private fiduciary who may obtain a bond in this State and who is a resident

of this State, if the court finds that the interests of the protected person or proposed

protected person will be served appropriately by the appointment of a private fiduciary;

or (c) A private professional guardian who meets the requirements of NRS 159.0595 or 159A.0595 . 8. A person is not qualified to be appointed as guardian for a protected person or

proposed protected person if the person has been suspended for misconduct or disbarred

from any of the professions listed in this subsection, but the disqualification applies

only during the period of the suspension or disbarment. This subsection applies to: (a) The practice of law; (b) The practice of accounting; or (c) Any other profession that: (1) Involves or may involve the management or sale of money, investments, securities

or real property; and (2) Requires licensure in this State or any other state in which the person practices

his or her profession. 9. As used in this section: (a) “ Domestic partner ” means a person in a domestic partnership. (b) “ Domestic partnership ” means a domestic partnership as defined in NRS 122A.040 . (c) “ Nominated person ” means a person, whether or not a relative, whom a protected person or proposed protected

person: (1) Nominates for the appointment as guardian for the protected person or proposed

protected person in a will, trust or other written instrument that is part of the

established estate plan of the protected person or proposed protected person and was

executed by the protected person or proposed protected person while he or she was

not incapacitated. (2) Requests for the appointment as guardian for the protected person or proposed

protected person in a request to nominate a guardian that is executed in accordance

with NRS 159.0753 . (d) “ Relative ” means a person who is 18 years of age or older and who is related to the protected

person or proposed protected person by blood, adoption, marriage or domestic partnership

within the third degree of consanguinity or affinity.