Nevada Guardianship Rules: Types, Court Process, and Duties

Guardianship in Nevada is a court-supervised arrangement, governed by NRS Chapter 159, in which a judge appoints someone to make personal, medical, or financial decisions for an adult who can no longer make those decisions on their own. The court decides what kind of guardianship fits, who serves as guardian, and how much authority that person actually gets. Nothing about it is automatic, and nothing about it is permanent: the protected person keeps every right the court does not specifically take away, and the arrangement can be modified or ended when circumstances change.

The Types of Guardianship

Nevada law recognizes several forms of guardianship so the court can match the arrangement to what the person actually needs. The rule the judge follows throughout is least restriction: no more authority than the situation requires.

Guardian of the Person

A guardian of the person handles day-to-day life decisions. Under NRS 159.079, that means providing for the protected person’s care, comfort, and maintenance, taking reasonable care of their personal property, and making efforts to secure appropriate medical, psychological, educational, and vocational services.¹ The same statute tells the guardian to help the protected person develop or regain the ability to manage their own needs where possible, and to prioritize the least restrictive appropriate setting when a change of residence is on the table.

Guardian of the Estate

A guardian of the estate manages money and property. Under NRS 159.083, the guardian takes possession of the protected person’s assets, manages them in the person’s best interest, and works to make sure the person receives every benefit and service they are entitled to.¹ Big financial moves are not left to the guardian’s discretion. NRS 159.113 requires a petition to the court before investing estate funds or taking other significant financial actions.² Real property sales require court confirmation before the sale closes and title passes. A financial guardian cannot mix the protected person’s money with their own.

General Guardianship

A general guardianship combines authority over both personal and financial matters. It is the broadest form and the one courts reserve for people who need help in essentially every area of life, often those with severe cognitive impairments such as advanced dementia. Because the control is sweeping, oversight is tight: regular reporting, court approval for major decisions, and ongoing review of whether the guardianship is still needed. If capacity improves or a narrower option becomes workable, any interested party can petition to modify or terminate the arrangement under NRS 159.1905.³

Special Guardianship

A special guardianship is the option courts prefer when someone has only partial capacity. The guardian’s authority is confined to specific areas, and the protected person keeps control of everything else. A special guardian might manage certain accounts or consent to particular medical treatments while the protected person still decides where they live and how they spend their time. When a petition indicates the proposed protected person has limited capacity, NRS 159.044 requires that person’s written consent to the appointment of a special guardian.⁴

Alternatives the Court Expects You to Rule Out First

Nevada treats guardianship as a last resort. When a petition is pending, the guardian ad litem is specifically tasked with helping the court decide whether a less restrictive option would meet the person’s needs.¹ Three tools do a lot of the work guardianship would otherwise do, without court supervision:

A durable power of attorney, signed while the person still has capacity, lets a trusted agent handle financial or healthcare decisions with no ongoing court involvement. The person who signed it can revoke it any time they still have capacity.
A revocable living trust with a named successor trustee keeps assets under private management if the person becomes incapacitated, which can eliminate the need for a guardian of the estate entirely.
Supported decision-making keeps final authority with the individual while relying on trusted people to help them understand options and consequences.

These work only if they are set up in advance. Once someone has lost capacity, signing a power of attorney or creating a trust is generally no longer possible, and guardianship may be the only route left.

Who the Court Will Appoint

NRS 159.0613 gives preference to a person nominated by the proposed protected person, followed by close relatives, as long as the nominee is qualified and suitable.⁵ The court weighs criminal history, financial stability, and any past allegations of abuse or neglect when sizing up candidates.

When no suitable family member or nominee is available, the court can turn to a professional guardian licensed under NRS Chapter 628B or a public guardian whose office operates under NRS Chapter 253. A public guardian holds the same powers and duties as any other guardian once appointed.⁶ If family conflict makes agreement impossible, the court can appoint a neutral third party.

How a Case Moves Through Court

A guardianship case starts with a petition filed in the district court where the proposed protected person lives. NRS 159.044 requires the petition to describe the proposed guardian, the proposed protected person’s condition, and whether the petition seeks a general or special guardianship. A physician’s certificate documenting the person’s limitations must be attached, along with a needs assessment showing how those limitations affect the person’s safety and ability to meet basic needs.⁴

Once the petition is filed, NRS 159.0485 requires the court to appoint an attorney for the proposed protected person unless that person has already hired one. This is automatic. The petitioner must also give notice to the person’s spouse and to all relatives within the second degree of consanguinity — parents, children, siblings, and grandparents.⁷

The court may also appoint a guardian ad litem under NRS 159.0455 to investigate independently and report back. The guardian ad litem is an officer of the court, not the protected person’s advocate; the role is to help the judge identify the least restrictive arrangement that would still protect the person.¹

At the hearing, the petitioner presents evidence that guardianship is necessary and that the proposed guardian is the right choice. The judge tests whether a less restrictive alternative could do the job. If the judge grants the petition, the guardianship order spells out the type and scope of authority. A guardian of the estate must typically post a surety bond before starting, in an amount the court considers sufficient to protect the estate, under NRS 159.065.⁸ The bond can be waived when the protected person has no assets, when a banking corporation serves as guardian, or when the nominating document specified no bond.

Emergency Guardianship

When someone faces immediate physical harm or an urgent medical need and cannot respond on their own, NRS 159.0523 allows an expedited temporary guardianship. The petitioner must present sworn documentation, including a physician’s certificate or a letter from a government agency conducting an investigation, showing that the person faces a substantial and immediate risk.¹

The initial appointment lasts 10 days. Inside that window, the court holds a hearing on whether to extend it. The petitioner has to show a good-faith effort to notify the people entitled to notice, or explain why notice was not feasible because delay would have exposed the person to immediate harm. A temporary guardianship is not a finding that the person is incapacitated. It is an emergency measure while the court gathers more information.

Rights the Protected Person Keeps

Guardianship does not erase a person’s rights. The Nevada Legislature adopted a Protected Person Bill of Rights that lists what the person keeps unless a court order specifically restricts it.⁹ The core protections include:

The right to an attorney at any point during the guardianship, to attend and participate in all court hearings, and to receive copies of all filings.
The right to remain as independent as possible and to have preferences about residence and standard of living honored when reasonable.
Unless the court expressly orders otherwise, the right to vote, marry, travel, work, and hold a driver’s license.
The right to receive phone calls, personal mail, and visitors, unless the guardian and court find a specific contact would cause harm.
The right to be treated with respect, to help develop the care plan, and to have religious beliefs, cultural practices, and medical preferences considered.
The right to prudent management of property and to court review of any request for guardian compensation.

The protected person can raise concerns or complaints about the guardian directly with the court, orally or in writing, at any time.⁹

What the Guardian Has to Do After Appointment

A guardian is a fiduciary. That means putting the protected person’s interests ahead of the guardian’s own in every decision, and it comes with real reporting obligations to the court.

A guardian of the estate must file a verified inventory of all the protected person’s property within 60 days of appointment, unless the court allows more time. The inventory covers everything that comes to the guardian’s possession or knowledge, including any trusts in which the protected person is a beneficiary.¹

After that, a verified annual accounting is due within 60 days of the anniversary of appointment, detailing income received, expenses paid, and changes in assets.¹⁰ A guardian of the person files reports on the protected person’s well-being, including living situation, medical care, and any significant changes. Missing deadlines can prompt a petition to remove the guardian under NRS 159.1853.¹¹

Some decisions require the court’s blessing before the guardian acts. Moving a protected person to a higher level of care requires filing a notice of intent to move and serving it on all interested persons at least 10 days in advance, unless there is an emergency or a licensed physician or social worker has recommended the move.¹² Selling real property requires a separate petition and court confirmation under NRS 159.127 and NRS 159.134. Unauthorized major actions can lead to removal and personal liability.

Ending or Changing the Guardianship

A guardianship ends when the protected person regains capacity, passes away, or no longer needs the arrangement. The protected person, the guardian, or another interested party can file a petition for termination or modification under NRS 159.1905. The petition must explain the reason for the change and describe the remaining property and how it would be handled.³

The petitioner has to prove by clear and convincing evidence that termination or modification is in the protected person’s best interests. The court appoints an attorney for the protected person if they cannot retain one or if the court thinks representation is needed to protect their interests. The court then issues a citation requiring the guardian and all interested persons to appear and show cause why the guardianship should continue.

If the guardianship covered finances, NRS 159.1877 requires a final accounting covering the estate through the end of the guardian’s term before the court will approve a discharge.¹ If the court finds the guardian misused funds or acted negligently, it can order restitution or impose other consequences before the discharge is granted.

1
Nevada Legislature. Nevada Code Chapter 159 – Guardianship of Adults
2
Nevada Legislature. Nevada Code 159.113 – Guardian Required to Petition Court Before Taking Certain Actions
3
Nevada Legislature. Nevada Code NRS 159.1905 – Petition for Termination or Modification of Guardianship
4
Nevada Legislature. Nevada Code 159.044 – Petition for Appointment of Guardian
5
Nevada Legislature. Nevada Code 159.0613 – Protected Persons: Preference for Appointment of Certain Persons; Other Considerations in Determining Qualifications and Suitability of Guardian
6
Nevada Legislature. Nevada Code 253.210 – Powers, Duties, Rights and Responsibilities of Public Guardian
7
Nevada Legislature. Nevada Code 159.034 – Notice by Petitioner
8
Nevada Legislature. Nevada Code 159.065 – Bond: General Requirements
9
Nevada Courts. Protected Person Bill of Rights
10
Nevada Legislature. Nevada Code 159.177 – Time for Filing Account; Service of Account
11
Nevada Legislature. Nevada Code 159.1853 – Petition for Removal
12
Nevada Legislature. Nevada Code 159.0807 – Moving Location of Protected Person