Nevada § 427A.1234 - Duties and powers of Attorney

§ 427A.1234. Duties and powers of Attorney

1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability,

an Intellectual Disability or a Related Condition shall: (a) Provide advocacy and education relating to the legal rights of older persons,

persons with a physical disability, persons with an intellectual disability or persons

with a related condition and shall facilitate the development of legal services to

assist those persons in securing and maintaining their legal rights. (b) Provide, upon request, technical assistance, training and other support relating

to the legal rights of older persons, persons with a physical disability, persons

with an intellectual disability or persons with a related condition, as appropriate,

to: (1) An attorney who is providing legal services for an older person, a person with

a physical disability, a person with an intellectual disability or a person with a

related condition; (2) An employee of a law enforcement agency; (3) The Ombudsman or an advocate; (4) An employee of an office for protective services of any county; (5) An employee of the Division; and (6) Groups that advocate for older persons, persons with a physical disability, persons

with an intellectual disability or persons with a related condition. (c) Review existing and proposed policies, legislation and regulations that affect

older persons, persons with a physical disability, persons with an intellectual disability

or persons with a related condition and make recommendations as appropriate to the

Administrator. (d) Review and analyze information relating to the nature and extent of abuse, neglect,

exploitation, isolation and abandonment of older persons, persons with a physical

disability, persons with an intellectual disability or persons with a related condition

to identify services that need to be provided, including, without limitation: (1) Methods of intervening on behalf of an older person, a person with a physical

disability, a person with an intellectual disability or a person with a related condition

to protect the older person, person with a physical disability, person with an intellectual

disability or person with a related condition from abuse, neglect, exploitation, isolation

or abandonment; and (2) Enforcing the laws of this state governing abuse, neglect, exploitation, isolation

and abandonment of older persons, persons with a physical disability, persons with

an intellectual disability or persons with a related condition. 2. The Attorney for the Rights of Older Persons and Persons with a Physical Disability,

an Intellectual Disability or a Related Condition may: (a) Have access to, inspect, copy and subpoena all records in the possession of any

clerk of a court, law enforcement agency or public or private institution, wherever

situated, that relate to the abuse, neglect, exploitation, isolation or abandonment

of an older person, a person with a physical disability, a person with an intellectual

disability or a person with a related condition. (b) Have access to all written records in the possession of any person, government,

governmental agency or political subdivision of a government that relate to the abuse,

neglect, exploitation, isolation or abandonment of an older person, a person with

a physical disability, a person with an intellectual disability or a person with a

related condition. (c) Represent and assist any incapacitated older person, person with a physical disability,

person with an intellectual disability or person with a related condition until a

guardian is appointed for that person. (d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints

relating to the abuse, neglect, exploitation, isolation or abandonment of an older

person, a person with a physical disability, a person with an intellectual disability

or a person with a related condition. (e) Develop services relating to financial management for an older person, a person

with a physical disability, a person with an intellectual disability or a person with

a related condition who is at risk of having a guardian appointed by a court to manage

his or her property. (f) Act as the state legal assistance developer as described in 42 U.S.C. § 3058j . (g) Appear as amicus curiae on behalf of older persons, persons with a physical disability,

persons with an intellectual disability or persons with a related condition in any

court in this state. (h) Perform such other functions as are necessary to carry out the duties and the

functions of the office of the Attorney for the Rights of Older Persons and Persons

with a Physical Disability, an Intellectual Disability or a Related Condition.