Nevada Code § 41.200

Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise under certain circumstances; no fees to be charged in proceedings
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1. If an unemancipated minor has a
disputed claim for money against a third person, either parent, or if the
parents of the minor are living separate and apart, then the custodial parent,
or if no custody award has been made, the parent with whom the minor is living,
or if a general guardian or guardian of the estate of the minor has been
appointed, then that guardian, has the right to compromise the claim. Such a
compromise is not effective until it is approved by the district court of the
county where the minor resides, or if the minor is not a resident of the State
of Nevada, then by the district court of the county where the claim was
incurred, upon a verified petition in writing, regularly filed with the court.
2. The petition must set forth:
(a) The name, age and residence of the minor;
(b) The facts which bring the minor within the
purview of this section, including:
(1) The circumstances which make it a
disputed claim for money;
(2) The name of the third person against
whom the claim is made; and
(3) If the claim is the result of an
accident or motor vehicle crash, the date, place and facts of the accident or
motor vehicle crash;
(c) The names and residence of the parents or the
legal guardian of the minor;
(d) The name and residence of the person or
persons having physical custody or control of the minor;
(e) The name and residence of the petitioner and
the relationship of the petitioner to the minor;
(f) The total amount of the proceeds of the proposed
compromise and the apportionment of those proceeds, including the amount to be
used for:
(1) Attorneys fees and whether the
attorneys fees are fixed or contingent fees, and if the attorneys fees are
contingent fees the percentage of the proceeds to be paid as attorneys fees;
(2) Medical expenses; and
(3) Other expenses,
and whether
these fees and expenses are to be deducted before or after the calculation of
any contingency fee;
(g) Whether the petitioner believes the
acceptance of this compromise is in the best interest of the minor; and
(h) That the petitioner has been advised and
understands that acceptance of the compromise will bar the minor from seeking
further relief from the third person offering the compromise.
3. If the claim involves a personal injury
suffered by the minor, the petitioner must submit all relevant medical and
health care records to the court at the compromise hearing. The records must
include documentation of:
(a) The injury, prognosis, treatment and progress
of recovery of the minor; and
(b) The amount of medical expenses incurred to
date, the nature and amount of medical expenses which have been paid and by
whom, any amount owing for medical expenses and an estimate of the amount of
medical expenses which may be incurred in the future.
4. If the court approves the compromise of
the claim of the minor, the court must direct the money to be paid to a parent
or guardian of the minor, with or without the filing of any bond, or it must
require a general guardian or guardian ad litem to be appointed and the money
to be paid to the guardian or guardian ad litem, with or without a bond, as the
court, in its discretion, deems to be in the best interests of the minor.
5. Upon receipt or distribution of the
total amount of the proceeds of the compromise as described in paragraph (f) of
subsection 2, and after deducting from the total proceeds the amount of fees
and expenses owed or paid pursuant to the apportionment described in paragraph
(f) of subsection 2:
(a) If the net proceeds of the compromise are
more than $2,500, the parent or guardian to whom the proceeds of the compromise
are ordered to be paid shall establish a blocked financial investment for the
benefit of the minor with the proceeds of the compromise. Money may be obtained
from the blocked financial investment only pursuant to subsection 6. Within 30
days after receiving the proceeds of the compromise, the parent or guardian
shall file with the court proof that the blocked financial investment has been
established. If the balance of the investment is more than $10,000, the parent,
guardian or person in charge of managing the investment shall annually file
with the court a verified report detailing the activities of the investment
during the previous 12 months. If the balance of the investment is $10,000 or
less, the court may order the parent, guardian or person in charge of managing
the investment to file such periodic verified reports as the court deems
appropriate. The court may hold a hearing on a verified report only if it deems
a hearing necessary to receive an explanation of the activities of the
investment.
(b) If the net proceeds of the compromise are
$2,500 or less, the parent or guardian to whom the proceeds of the compromise
are ordered to be paid may use the proceeds at his or her discretion for the
benefit of the minor, in compliance with any terms or conditions ordered by the
court. The court may, at its discretion, close the case.
6. The beneficiary of a blocked financial
investment may obtain control of or money from the investment:
(a) By an order of the court which held the
compromise hearing; or
(b) By certification of the court which held the
compromise hearing that the beneficiary has reached the age of 18 years, at
which time control of the investment must be transferred to the beneficiary or
the investment must be closed and the money distributed to the beneficiary.
7. The clerk of the district court shall
not charge any fee for filing a petition for leave to compromise or for placing
the petition upon the calendar to be heard by the court.
8. As used in this section, blocked
financial investment means a savings account established in a financial
institution in this State, a certificate of deposit, a United States savings
bond, a fixed or variable annuity contract, or another reliable investment that
is approved by the court.

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