Nevada § 166A.260 - Determination of incapacity; effect
Full text of Nevada Nevada Revised Statutes § 166A.260 — Determination of incapacity; effect, with citation guidance and answers to common questions.
§ 166A.260. Determination of incapacity; effect
1. The custodial trustee shall administer the custodial trust as for an incapacitated
beneficiary if: (a) The custodial trust was created under NRS 166A.210 ; (b) The transferor has so directed in the instrument creating the custodial trust;
or (c) The custodial trustee has determined that the beneficiary is incapacitated. 2. A custodial trustee may determine that the beneficiary is incapacitated in reliance
upon: (a) Previous direction or authority given by the beneficiary while not incapacitated,
including, without limitation, direction or authority pursuant to a durable power
of attorney; (b) The certificate of the beneficiary's physician or advanced practice registered
nurse; or (c) Other persuasive evidence. 3. If a custodial trustee for an incapacitated beneficiary reasonably concludes that
the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's
ability to manage property and business affairs have changed since the creation of
a custodial trust directing administration as for an incapacitated beneficiary, the
custodial trustee may administer the trust as for a beneficiary who is not incapacitated. 4. On petition of the beneficiary, the custodial trustee or other person interested
in the custodial trust property or the welfare of the beneficiary, the court shall
determine whether the beneficiary is incapacitated. 5. Absent determination of incapacity of the beneficiary under subsection 2 or 4,
a custodial trustee who has reason to believe that the beneficiary is incapacitated
shall administer the custodial trust in accordance with the provisions of this chapter
applicable to an incapacitated beneficiary. 6. Incapacity of a beneficiary does not terminate: (a) The custodial trust; (b) Any designation of a successor custodial trustee; (c) Rights or powers of the custodial trustee; or (d) Any immunities of third persons acting on instructions of the custodial trustee.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 166A.260
What does Nevada Revised Statutes § 166A.260 cover?
Section 166A.260 ("Determination of incapacity; effect") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 166A.260?
A common citation format is "Nevada Revised Statutes § 166A.260" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 166A.260 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.