Nevada Code § 159.044

Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person
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1. A proposed protected person, a
governmental agency, a nonprofit corporation or any interested person may
petition the court for the appointment of a guardian.
2. To the extent the petitioner knows or
reasonably may ascertain or obtain, the petition must include, without
limitation:
(a) The name and address of the petitioner.
(b) The name, date of birth and current address
of the proposed protected person.
(c) A copy of one of the following forms of
identification of the proposed protected person which must be placed in the
records relating to the guardianship proceeding and, except as otherwise
provided in NRS 239.0115 or as
otherwise required to carry out a specific statute, maintained in a
confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid drivers license number;
(4) A valid identification card number;
(5) A valid passport number;
(6) A valid permanent resident card
number; or
(7) A valid tribal identification card
number.
If the
information required pursuant to this paragraph is not included with the
petition, the information must be provided to the court not later than 120 days
after the appointment of a guardian or as otherwise ordered by the court.
(d) Whether the proposed protected person is a
resident or nonresident of this State.
(e) The names and addresses of the spouse of the
proposed protected person and the relatives of the proposed protected person
who are within the second degree of consanguinity.
(f) The name, date of birth and current address
of the proposed guardian. If the proposed guardian is a private professional
guardian, the petition must include proof that the guardian meets the
requirements of NRS 159.0595 or 159A.0595 . If the proposed guardian is
not a private professional guardian, the petition must include a statement that
the guardian currently is not receiving compensation for services as a guardian
to more than one protected person who is not related to the person by blood or
marriage. As used in this paragraph, protected person includes a protected
minor.
(g) A copy of one of the following forms of
identification of the proposed guardian which must be placed in the records relating
to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to
carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid drivers license number;
(4) A valid identification card number;
(5) A valid passport number;
(6) A valid permanent resident card
number; or
(7) A valid tribal identification card
number.
(h) Whether the proposed guardian has ever been
convicted of a felony and, if so, information concerning the crime for which
the proposed guardian was convicted and whether the proposed guardian was
placed on probation or parole.
(i) A summary of the reasons why a guardian is
needed and recent documentation demonstrating the need for a guardianship. The
documentation must include, without limitation:
(1) A certificate signed by a physician
who is licensed to practice medicine in this State or who is employed by the
Department of Veterans Affairs, a letter signed by any governmental agency in
this State which conducts investigations or a certificate signed by any other
person whom the court finds qualified to execute a certificate, stating:
(I) The need for a guardian;
(II) Whether the proposed protected
person presents a danger to himself or herself or others;
(III) Whether the attendance of the
proposed protected person at a hearing would be detrimental to the proposed
protected person;
(IV) Whether the proposed protected
person would comprehend the reason for a hearing or contribute to the
proceeding; and
(V) Whether the proposed protected
person is capable of living independently with or without assistance; and
(2) If the proposed protected person is
determined to have the limited capacity to consent to the appointment of a
special guardian, a written consent to the appointment of a special guardian
from the protected person.
(j) Whether the appointment of a general or a
special guardian is sought.
(k) A general description and the probable value
of the property of the proposed protected person and any income to which the
proposed protected person is or will be entitled, if the petition is for the
appointment of a guardian of the estate or a special guardian. If any money is
paid or is payable to the proposed protected person by the United States
through the Department of Veterans Affairs, the petition must so state.
(l) The name and address of any person or care
provider having the care, custody or control of the proposed protected person.
(m) If the petitioner is not the spouse or
natural child of the proposed protected person, a declaration explaining the
relationship of the petitioner to the proposed protected person or to the
family or friends of the proposed protected person, if any, and the interest,
if any, of the petitioner in the appointment.
(n) Requests for any of the specific powers set
forth in NRS 159.117 to 159.175 , inclusive, necessary to enable the
guardian to carry out the duties of the guardianship.
(o) If the guardianship is sought as the result
of an investigation of a report of abuse, neglect, exploitation, isolation or
abandonment of the proposed protected person, whether the referral was from a
law enforcement agency or a state or county agency.
(p) Whether the proposed protected person or the
proposed guardian is a party to any pending criminal or civil litigation.
(q) Whether the guardianship is sought for the
purpose of initiating litigation.
(r) Whether the proposed protected person has
executed a durable power of attorney for health care, a durable power of
attorney for financial matters or a written nomination of guardian and, if so,
who the named agents are for each document.
(s) Whether the proposed guardian has filed for
or received protection under the federal bankruptcy laws within the immediately
preceding 7 years.
(t) An attestation that information on less
restrictive alternatives to guardianship has been provided to the proposed
protected person.
3. Before the court makes a finding
pursuant to NRS 159.054 , a petitioner
seeking a guardian for a proposed protected person must provide the court with
an assessment of the needs of the proposed protected person completed by a
licensed physician which identifies the limitations of capacity of the proposed
protected person and how such limitations affect the ability of the proposed
protected person to maintain his or her safety and basic needs and which
includes a determination of whether less restrictive alternatives to
guardianship are available and sufficient to support the needs of the proposed
protected person. The court may prescribe the form in which the assessment of
the needs of the proposed protected person must be filed.

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