Nevada § 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

§ 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

1. A protected minor, the guardian or another person may petition the court for the

termination or modification of a guardianship. The petition must state or contain: (a) The name and address of the petitioner. (b) The relationship of the petitioner to the protected minor. (c) The name, age and address of the protected minor, if the protected minor is not

the petitioner, or the date of death of the protected minor if the protected minor

is deceased. (d) The name and address of the guardian, if the guardian is not the petitioner. (e) The reason for termination or modification. (f) Whether the termination or modification is sought for a guardianship of the person,

of the estate, or of the person and estate. (g) A general description and the value of the remaining property of the protected

minor and the proposed disposition of that property. 2. Upon the filing of the petition, the court shall appoint an attorney to represent

the protected minor if: (a) The protected minor is unable to retain an attorney; or (b) The court determines that the appointment is necessary to protect the interests

of the protected minor. 3. The petitioner has the burden of proof to show by clear and convincing evidence

that the termination or modification of the guardianship of the person, of the estate,

or of the person and estate is in the best interests of the protected minor. 4. The court shall issue a citation requiring all interested persons to appear and

show cause why termination or modification of the guardianship should not be granted. The court shall serve the citation on the guardian and the petitioner. The petitioner shall serve the citation on all interested persons. 5. If the court finds that the petitioner did not file a petition for termination

or modification in good faith or in furtherance of the best interests of the protected

minor, the court may: (a) Disallow the petitioner from petitioning the court for attorney's fees from the

estate of the protected minor; and (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate

of the protected minor for all or part of the expenses and for any other pecuniary

losses which are incurred by the estate of the protected minor and associated with

the petition.