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

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

1. The parents of a proposed protected minor, or either parent, if qualified and suitable,

are preferred over all others for appointment as guardian for the person or estate

or person and estate of the proposed protected minor. The appointment of a parent as guardian for the person or estate of a proposed protected

minor must not conflict with a valid order for custody of the proposed protected minor. 2. Except as otherwise provided in subsection 4, if a parent of a proposed protected

minor files a petition seeking appointment as guardian for the proposed protected

minor, the parent is presumed to be suitable to serve as guardian for the proposed

protected minor. 3. In determining whether the parents of a proposed protected minor, or either parent,

or any other person who seeks appointment as guardian for the proposed protected minor

is qualified and suitable, the court shall consider, if applicable and without limitation: (a) Which parent has physical custody of the proposed protected minor; (b) The ability of the parents, parent or other person to provide for the basic needs

of the proposed protected minor, including, without limitation, food, shelter, clothing

and medical care, taking into consideration any special needs of the proposed protected

minor; (c) Whether the parents, parent 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 ; (d) Whether the parents, parent or other person has been convicted of a crime of moral

turpitude, a crime involving domestic violence or a crime involving the abuse, neglect,

exploitation, isolation or abandonment of a child, his or her spouse, his or her parent

or any other adult; (e) Whether the parents, parent or other person has been convicted in this State or

any other jurisdiction of a felony; and (f) Whether the parents, parent or other person has engaged in one or more acts of

domestic violence against the proposed protected minor, a parent of the proposed protected

minor or any other person who resides with the proposed protected minor. 4. A parent of a proposed protected minor is presumed to be unsuitable to care for

the proposed protected minor if: (a) The parent is unable to provide for any or all of the basic needs of the proposed

protected minor, including, without limitation: (1) Food; (2) Shelter; (3) Clothing; (4) Medical care; and (5) Education; (b) Because of action or inaction, the parent poses a significant safety risk of either

physical or emotional danger to the proposed protected minor; or (c) The proposed protected minor has not been in the care, custody and control of

the parent for the 6 months immediately preceding the filing of the petition. The presumption created by this paragraph is a rebuttable presumption. 5. Subject to the preference set forth in subsection 1 and except as otherwise provided

in subsection 7, the court shall appoint as guardian the qualified person who is most

suitable and is willing to serve. 6. In determining which qualified person is most suitable, the court shall, in addition

to considering any applicable factors set forth in subsections 2, 3 and 4, give consideration,

among other factors, to: (a) Any nomination of a guardian for the proposed protected minor contained in a will

or other written instrument executed by a parent of the proposed protected minor. (b) Any request made by the proposed protected minor, if he or she is 14 years of

age or older, for the appointment of a person as guardian for the proposed protected

minor. (c) The relationship by blood or adoption of the proposed guardian to the proposed

protected minor. 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 relatives in the following order of preference: (1) Parent. (2) Adult sibling. (3) Grandparent. (4) Uncle or aunt. (d) Any recommendation made by a master of the court or special master pursuant to NRS 159A.0615 . (e) Any recommendation made by: (1) An agency which provides child welfare services, an agency which provides child

protective services or a similar agency; or (2) A guardian ad litem or court appointed special advocate who represents the proposed

protected minor. (f) Any request for the appointment of any other interested person that the court

deems appropriate. 7. The court may award temporary guardianship pursuant to this section, supported

by findings of suitability, pending a trial or evidentiary hearing if that appointment

is supported by findings. 8. Notwithstanding the presumption set forth in subsection 4, in the event of competing

petitions for the appointment of guardianship of a proposed protected minor, any finding

of unsuitability of a parent of the proposed protected minor must be found by clear

and convincing evidence after a hearing on the merits or an evidentiary hearing. 9. In determining whether to appoint a guardian of the person or estate of a proposed

protected minor and who should be appointed, the court must always act in the best

interests of the proposed protected minor. 10. A court shall not refuse to appoint a person as a guardian of the person or estate

of a proposed protected minor solely because the person: (a) Is deaf, is blind or has another physical disability; or (b) Is the holder of a valid registry identification card. 11. As used in this section: (a) “ Agency which provides child welfare services ” has the meaning ascribed to it in NRS 432B.030 . (b) “ Blind ” has the meaning ascribed to it in NRS 426.082 . (c) “ Holder of a valid registry identification card ” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as: (1) Exempt from state prosecution for engaging in the medical use of cannabis; or (2) A designated primary caregiver as defined in NRS 678C.040 .