Nevada
Nevada Guardianship Laws: Adults, Minors and Short-Term Guardians
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In Nevada, guardianship is a court proceeding in which a court appoints a guardian of the person, a guardian of the estate, or a guardian of the person and estate for an adult or a child (NRS 159.0487). For an adult, the petitioner "has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary" (NRS 159.055(1)), and the court must appoint a lawyer for the adult unless the adult wishes to retain or has already retained one (NRS 159.0485(1)).
Nevada splits the law in two. Guardianship of adults is in NRS chapter 159, and guardianship of minors is in NRS chapter 159A, which the Legislature separated from chapter 159 in 2017. The property-side role that some states call a conservator is, in Nevada, the guardian of the estate, and the statutes call the person under guardianship the "protected person" (for a child, the "protected minor"). Nevada also has a stand-alone Supported Decision-Making Act in NRS chapter 162C. For how other states handle these questions, see our guardianship laws by state overview.
Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Nevada state law on guardianship of adults (NRS chapter 159), guardianship of minors (NRS chapter 159A), the guardian of the estate, and the Supported Decision-Making Act (NRS chapter 162C). It does not cover custody disputes between parents (see Nevada child custody laws), grandparent visitation (see Nevada grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Nevada probate), child-protection and foster-care cases, which run on a separate juvenile-court track, or civil commitment and mental-health holds.
Nevada guardianship terms and where the law lives
Under NRS 159.0487, any court of competent jurisdiction may appoint "Guardians of the person, of the estate, or of the person and estate for persons who are incapacitated whose home state is this State," along with special guardians and guardians ad litem, among the other types the section lists.
The adult chapter builds on two definitions:
A person is "incapacitated" if he or she, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.
NRS 159.019
A person is of "limited capacity" under NRS 159.022 if the person is not a minor and "is able to make independently some but not all of the decisions necessary for the person's own care and the management of the person's property." That person may receive a special guardian rather than a general one.
| Term | What it means in Nevada | Source |
|---|---|---|
| Guardian of the person | Care, custody and control of the protected person; may set the person's residence within Nevada, subject to the statute's limits | NRS 159.079 |
| Guardian of the estate | The property-side guardian; gives a bond and files an annual verified account | NRS 159.065, 159.177 |
| Special guardian | A guardian for a person of limited capacity, with powers and duties the court specifies | NRS 159.022, 159.054(2) |
| Protected person / protected minor | The adult or child under guardianship | NRS chapters 159, 159A |
| Short-term guardian | A guardian a parent appoints for a child in writing, without court approval, for up to 6 months | NRS 159A.205 |
| Supported decision-making agreement | A written agreement naming supporters who help an adult make decisions; a defined less restrictive alternative to guardianship | NRS 162C.200, 159.0215 |
How to get guardianship of a child in Nevada
Guardianship of a grandchild, niece, nephew or any other minor runs under NRS chapter 159A. A court appointment can cover the child's person, estate, or both.

The standard. The petitioner "has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary and in the best interests of the proposed protected minor" (NRS 159A.055(1)). In weighing best interests, the court must consider, among other factors the section lists, the wishes of the proposed protected minor, "The extent to which the parent poses a safety risk of either physical or emotional danger to the proposed protected minor," and "The nature and quality of the parent-child relationship" (NRS 159A.055(2)).
Parents come first. Under NRS 159A.061(1), "The parents of a proposed protected minor, or either parent, are presumed suitable to care for the proposed protected minor and it is presumed to be in the best interest of the proposed protected minor to be cared for by a qualified and suitable parent." A parent is presumed suitable to serve as guardian unless the parent is unable to provide for the child's basic needs (including food, shelter, clothing, medical care and education), poses a significant safety risk of physical or emotional danger to the child because of action or inaction, or has not had the care, custody and control of the child for the 6 months immediately before the petition was filed (NRS 159A.061(2)). If the child has been in the care, custody and control of a non-parent for those 6 months, the parent must prove that the first two grounds do not apply to the parent (NRS 159A.061(3)). When petitions compete, any finding that a parent is unsuitable must be made by clear and convincing evidence after a hearing on the merits or an evidentiary hearing (NRS 159A.061(10)).
The child's consent at 14. Except as NRS 159A.061(7) provides, "the court may not appoint a guardian for a proposed protected minor without the consent of the proposed protected minor if the proposed protected minor is 14 years of age or older" (NRS 159A.061(6)).
Who must be served. The citation and a copy of the petition must be served on, among others the section lists, a proposed protected minor who is 14 or older (regardless of whether the child is considered able to understand the papers), all known relatives who are 14 or older and within the second degree of consanguinity, and the child's parents and custodian (NRS 159A.047(2)).
The child's lawyer. The child is a party to the proceedings and may be represented by an attorney at all stages (NRS 159A.0483). The court may appoint an attorney for the child, and where a legal-services program funded under NRS 19.031 operates and the child would qualify for its representation, the court shall appoint an attorney from that program, subject to the program's available funds (NRS 159A.045(1)-(3)).
What the guardian does, and the parents' contact. A guardian of a child's person has, among the duties in NRS 159A.079, the duty of "Facilitating appropriate contact between the protected minor and each parent of the protected minor if the contact: (1) Is in the best interest of the protected minor; and (2) Complies with an order for visitation, if applicable." The guardian must petition the court before moving the child's residence outside Nevada (NRS 159A.079(5)). A guardianship does not relieve a parent or other person of any legal duty to provide for the care, support and maintenance of a dependent (NRS 159A.079(7)). If a court order limits visitation between the child and a parent, "the order must set forth with specificity findings of fact as to why the limitation is necessary to protect the physical and emotional well-being of the protected minor" (NRS 159A.0565(2)).
Reports and review. A guardian of the person must file a written report on the child's condition annually, no later than 60 days after the anniversary of the appointment, within 10 days after changing the child's residence, and at other times the court orders (NRS 159A.081(1)). Every guardianship under chapter 159A "must be reviewed by the court annually" (NRS 159A.176).
Temporary guardianship of a child. Chapter 159A provides a temporary guardianship on a petition showing the grounds NRS 159A.053 lists. After an ex parte appointment, the court must hold a hearing within 10 days to decide whether to extend it, and it may extend the temporary guardianship for good cause "for not more than two successive 60-day periods, unless extraordinary circumstances necessitate a longer duration" (NRS 159A.053(9), (11)). Temporary guardianship of the person is presumed to be in the child's best interest if no parent has had the care, custody and control of the child for the 6 months immediately before the petition, or while no parent has that care because one or both parents are separated from the child due to a federal immigration order (NRS 159A.053(4)).
When it ends. A guardianship of a minor ends on the events NRS 159A.191(1) lists, including the date the child turns 18, or, if the conditions in that paragraph are met, the date the child graduates from high school or turns 19, whichever comes sooner. A guardianship of the person appointed or extended under NRS 159A.343 for an unmarried child seeking special immigrant juvenile status, with the child's consent, ends when the young person turns 21 unless the young person petitions to end it earlier and the court grants the petition (NRS 159A.191(2)); that guardian may not override the young person's own rights, such as decisions about medical treatment, education or residence, without the young person's express consent (NRS 159A.343(2)). When a parent petitions to end the guardianship before the child is emancipated, the court must consider whether there has been a material change of circumstances since the guardianship was created, whether the parent has been restored to suitability as described in NRS 159A.061, and whether ending the guardianship is in the child's best interests (NRS 159A.1915(1)).
Custody suits between parents, and grandparent visitation, are separate proceedings; see Nevada child custody laws and Nevada grandparents' rights.
Can a parent name a guardian in a will in Nevada?
Yes, but the nomination does not take effect on its own. Under NRS 159A.062, "A parent of a minor may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian." The court still applies the chapter 159A standard, including the clear and convincing burden in NRS 159A.055(1).
Since a 2025 act, a parent or guardian may also nominate a guardian for a child on a Request to Nominate Guardian of a Minor form, signed by the parent or guardian and by two impartial adult witnesses and notarized; the nominee must still petition and obtain an appointment from the court before acting (NRS 159A.0753). A nomination in a will, on that form or in another written instrument signed by a parent is one of the factors the court considers in choosing the most suitable guardian (NRS 159A.061(8)(a)).
The adult chapter has a parallel rule: a parent or spouse of a person who is incapacitated or of limited capacity may nominate a guardian by will, and the nominee must likewise petition and obtain a court appointment before acting (NRS 159.062).
Letting a relative care for a child without going to court
Nevada's no-court tool is a short-term guardianship under NRS 159A.205, not a power of attorney:
- Except as otherwise provided in this section or NRS 127C.340, a parent, without the approval of a court, may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.
NRS 159A.205(1)
The section sets these conditions and limits:
- Signing. The written instrument becomes effective immediately upon execution and must include, among other contents, "The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian" (NRS 159A.205(5)).
- A child 14 or older. The appointment "is effective for a minor who is 14 years of age or older only if the minor provides written consent to the guardianship" (NRS 159A.205(2)).
- The other parent. The other parent must also consent in writing if that parent's parental rights have not been terminated, the parent's whereabouts are known, and the parent is willing and able to make and carry out day-to-day decisions for the child, as the section provides.
- Term. The short-term guardian "serves as guardian of the minor for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months" (NRS 159A.205(6)).
- Ending it. Only one such instrument may be in effect at a time, either parent may terminate it in writing, and a court order appointing a guardian for the child terminates it, under the section's terms.
A parent on military service has a separate written-appointment option in NRS 159A.215. NRS chapter 159A contains no provision letting a parent delegate parental powers to an agent by power of attorney; the chapter's no-court tool is the short-term guardianship.
How to become guardian of an adult in Nevada
Adult guardianship runs under NRS chapter 159, with added protections for the proposed protected person.
The petition
"A proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian" (NRS 159.044(1)). Among its required contents, the petition must state whether a general or special guardian is sought and must include "An attestation that information on less restrictive alternatives to guardianship has been provided to the proposed protected person" (NRS 159.044(2)(t)).
Before the court makes its finding, the petitioner must also file a physician's needs assessment:
- 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.
NRS 159.044(3)
Notice and service
The citation must be served on the proposed protected person "regardless of whether the proposed protected person is considered to have the capacity to understand or appreciate the contents of the citation and petition," and on the other persons NRS 159.047(2) lists. Except as the court otherwise orders, the citation and petition must be served on the proposed protected person by personal service at least 10 days before the hearing (or by a court-authorized alternative method, other than publication, at least 20 days before), and on the other persons listed by certified mail, return receipt requested, at least 20 days before the hearing or by personal service at least 10 days before (NRS 159.0475(1)). The citation must state that the proposed protected person has the right to appear at the hearing and oppose the petition and the right to be represented by an attorney, who may be appointed by the court if the person cannot retain one (NRS 159.048).
A lawyer for the proposed protected person
Counsel is mandatory unless the person chooses a lawyer:
- Upon the filing of a petition for the appointment of a guardian for a proposed protected person, the court shall appoint an attorney for the proposed protected person unless the proposed protected person wishes to retain or has already retained an attorney of his or her own choice.
NRS 159.0485(1)
Separately, the court may, in any proceeding, appoint a guardian ad litem to represent the protected person or proposed protected person "if the court believes that the protected person or proposed protected person will benefit from the appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person" (NRS 159.0455(1)(a)).
The hearing
A proposed protected person who is found in Nevada "must attend the hearing for the appointment of a guardian" unless one of the exceptions in NRS 159.0535(1) applies. They include a certificate signed by a physician or psychiatrist licensed in Nevada or employed by the Department of Veterans Affairs that specifically states the person's condition, why the person cannot appear in court, and whether attending would be detrimental to the person's physical or mental health, and a waiver of appearance made by the person through court-appointed or retained counsel.
The burden of proof and the court's options
The petitioner "has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary" (NRS 159.055(1)). The court then has three paths under NRS 159.054:
- Dismissal. "If the court finds that the proposed protected person is not incapacitated and is not in need of a guardian, the court shall dismiss the petition" (NRS 159.054(1)).
- Special guardian. "If the court finds that the proposed protected person is of limited capacity and is in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian" (NRS 159.054(2)).
- General guardian. Where the court finds the person incapacitated and in need of a guardian, it appoints a guardian of the person, the estate, or both (NRS 159.054(3)).
Alongside these options, the Protected Persons' Bill of Rights declares a right to "the greatest degree of freedom possible" (NRS 159.328(1)(i)), and the needs assessment must address whether less restrictive alternatives are sufficient (NRS 159.044(3)).
Who serves as guardian
- Nominated persons and relatives first. Except as NRS 159.0613(3) provides, the court "shall give preference to a nominated person or relative, in that order of preference" (NRS 159.0613(1)). A nominated person includes someone named in a Request to Nominate Guardian or in an estate-planning document, and the section lists relatives in an order of consideration, starting with the spouse or domestic partner.
- Naming a guardian in advance. A form requesting to nominate a guardian must be signed by the person making the request, signed by two impartial adult witnesses who have no interest, financial or otherwise, in that person's estate and who attest that the person has the mental capacity to understand and execute the form, and notarized (NRS 159.0753(2)).
- When no suitable relative or nominee exists. The court may appoint the public guardian of the county where the person resides (if the county has one and the person qualifies under NRS chapter 253), a private fiduciary who may obtain a bond in Nevada and is a Nevada resident, or a private professional guardian who meets the requirements of NRS 159.0595 or 159A.0595 (NRS 159.0613(7)).
- Suitability. NRS 159.0613 also lists circumstances the court weighs in deciding whether a person is qualified and suitable to serve, including a judicial finding that the person abused, neglected or exploited someone and certain felony convictions, as the section provides.
What a Nevada guardian can decide, and the rights the person keeps
A guardian of the person has the care, custody and control of the protected person and authority over medical care, among the powers in NRS 159.079. Residence has limits built in:
- A guardian of the person may, subject to the provisions of subsection 6 and NRS 159.0807, establish and change the residence of the protected person at any place within this State. The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the protected person and which is financially feasible. 5. A guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the protected person to a location outside of this State.
NRS 159.079(4), (5)
Before moving the person to a higher level of care, the guardian must file a notice of intent with the court and serve it on all interested persons not less than 10 days before the move, unless an emergency condition exists or another exception in NRS 159.0807(4) applies.
Some decisions need a specific court order:
- Sterilization. A guardian may not consent to sterilization without applying for and obtaining court authority; the court must hold a full evidentiary hearing and may authorize it, among the other requirements in that section, "only if the court finds by clear and convincing evidence that the sterilization is in the best interest of the protected person" (NRS 159.0806(1), (3), (4)).
- Experimental treatment. A guardian may not consent to experimental treatment or participation in a biomedical or behavioral experiment without court authority, as NRS 159.0805 provides.
Contact with family and friends has its own rule. "A guardian shall not restrict the right of a protected person to communicate, visit or interact with a relative or person of natural affection, including, without limitation, by telephone, mail or electronic communication," unless one of the circumstances in NRS 159.332(1) applies: the person's own wish expressed to the guardian and at least one independent witness, a pending law-enforcement investigation or court proceeding about alleged abuse, a court order, the guardian's determination that the person is being harmed by that relative or person, or findings in a care or treatment plan. A guardian who restricts contact on the guardian's own determination of harm must, except as the section provides, file a petition with the court within 10 days (NRS 159.332(2)).
The Protected Persons' Bill of Rights
NRS 159.328 lists rights of every protected person. Among them, the person may:
(j) Engage in any activity that the court has not expressly reserved for a guardian, including, without limitation, voting, marrying or entering into a domestic partnership, traveling, working and having a driver's license.
The list also includes the right to receive telephone calls and personal mail and to have visitors, "unless his or her guardian and the court determine that particular correspondence or a particular visitor will cause harm" (NRS 159.328(1)(n)); to ask the court to review the guardian's management, review the need for the guardianship or modify or end it, replace the guardian, or "Enter an order restoring his or her capacity at the earliest possible time" (NRS 159.328(1)(s)); and to "Be educated about less restrictive alternatives to guardianship" (NRS 159.328(1)(t)). These rights "may be addressed in a guardianship proceeding or be enforced through a private right of action" (NRS 159.328(2)).
Voting has its own rule: a protected person keeps the right to vote "unless the court specifically finds by clear and convincing evidence that the protected person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process" (NRS 159.0594(1)).
Reports and annual review
A guardian of the person must file a written report on the protected person's condition and the guardian's performance annually, no later than 60 days after the anniversary of the appointment; within 10 days of moving the person to a secured residential long-term care facility; and at other times the court orders (NRS 159.081(1)). The report must include, among other items, "An explanation as to why less restrictive alternatives to guardianship in lieu of the guardianship are not being considered" (NRS 159.081(3)(d)). "Every guardianship established pursuant to this chapter must be reviewed by the court annually" (NRS 159.176).
Guardian of the estate: bond, inventory and accounts
Nevada handles a protected person's money and property through a guardian of the estate under the same chapter.
- Bond. "Except as otherwise provided by law, every guardian shall, before entering upon his or her duties as guardian, execute and file in the guardianship proceeding a bond," in the amount the court determines necessary to protect the person and the estate (NRS 159.065(1)). "If there are no assets of the protected person, no bond is required of the guardian" (NRS 159.065(4)).
- No bond in some cases. In lieu of a bond, the guardian may ask that access to certain assets be blocked, and the court may issue letters if the assets are held so the guardian cannot reach them without a specific court order (NRS 159.065(6)). No bond is required of a banking corporation doing business in Nevada appointed guardian of the estate unless the court specifically requires one, and the court may issue letters without bond where the will, power of attorney or other written instrument nominating the guardian so provides and meets the section's acknowledgment requirements (NRS 159.065(2), (5)).
- Inventory. Not later than 60 days after appointment, or such further time as the court allows, a guardian of the estate must file a verified inventory of the protected person's property (NRS 159.085(1)).
- Annual account. A guardian of the estate must file a verified account annually, within 60 days after the anniversary of the appointment, as NRS 159.177(1)(a) provides.
Temporary guardianship in an emergency
For an adult, NRS 159.0523(2) lets the court "appoint a temporary guardian to serve for 10 days" if it finds "reasonable cause to believe that the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention," and makes the other findings that subsection requires, including supporting documentation and the petitioner's efforts to give notice. When the appointment is made without notice, the section requires notice to follow within 48 hours.
No later than 10 days after the appointment, the court must hold a hearing to decide whether to extend the temporary guardianship (NRS 159.0523(5)). The court "may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown" (NRS 159.0523(8)). Extending it past the hearing requires, among other things, a finding by clear and convincing evidence that the person is unable to respond to the risk (NRS 159.0523(5)), and the court must limit the temporary guardian's authority to what is necessary to ensure the person's health, safety or care (NRS 159.0523(6)).
A separate 10-day temporary guardianship is available for a person who is unable to respond to a substantial and immediate risk of financial loss, with the same hearing and extension limits (NRS 159.0525(2), (5), (8)). The court must limit that temporary guardian's powers to those necessary to respond to the financial risk and may freeze any or all of the person's accounts (NRS 159.0525(6)).
How a Nevada guardianship ends or rights are restored
"A protected person, the guardian or another person may petition the court for the termination or modification of a guardianship" (NRS 159.1905(1)). The court "shall appoint an attorney to represent the protected person" if the person is unable to retain one or the court decides an appointment is necessary to protect the person's interests (NRS 159.1905(2)).

The petitioner must show by clear and convincing evidence either that ending or modifying the guardianship is in the protected person's best interests, or that "The protected person has entered into a less restrictive alternative to guardianship in lieu of the guardianship" that is to be terminated (NRS 159.1905(3)). A guardianship of the person also ends on the protected person's death, on a transfer of jurisdiction, or by court order when it is no longer necessary, among the events in NRS 159.191.
Alternatives to guardianship in Nevada
Since a 2025 act, chapter 159 defines the alternatives the court must hear about:
"Less restrictive alternatives to guardianship" includes, without limitation: 1. A durable power of attorney for financial matters; 2. A durable power of attorney for health care; and 3. A supported decision-making agreement.
NRS 159.0215
The same act wove those alternatives into the petition (NRS 159.044(2)(t), (3)), the guardian's annual report (NRS 159.081(3)(d)) and termination (NRS 159.1905(3)(b)), and into the petition to transfer a guardianship into Nevada from another state (NRS 159.2024(1)).
Supported decision-making agreement. Under the Supported Decision-Making Act, an adult may enter into an agreement "at any time" if the adult enters into it voluntarily and without coercion or undue influence and understands its nature and effect (NRS 162C.200(1)). The agreement must be in writing, be dated, designate one or more supporters, list the types of decisions the supporter may help with (and any the supporter may not), and "Be signed by each party to the agreement in the presence of at least two adult witnesses" (NRS 162C.200(2)). Either the adult or a supporter "may terminate a supported decision-making agreement at any time, either verbally or in writing, and with notice to the other parties to the agreement" (NRS 162C.200(3)).
A supporter helps the adult understand information and communicate decisions but does not make decisions for the adult (NRS 162C.210). A decision made or communicated with a supporter's help "must, for the purposes of any provision of law, be recognized as the decision or request of the principal" (NRS 162C.310), and an agreement "may not be used as evidence of the adult's incapacity" and "does not preclude the ability of the adult to act independently of the agreement" (NRS 162C.300).
Powers of attorney. A durable power of attorney for financial matters and one for health care are both listed alternatives in NRS 159.0215. They must be signed while the person still has capacity; the signing rules are on our Nevada power of attorney laws page. Free drafting tools are available for a Nevada power of attorney and a Nevada advance directive; a tool is not legal advice, and any document must be signed under the Nevada rules described on the power of attorney page.
Federal benefits. Social Security decides for itself whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001); the guardianship hub covers the federal layer.
Moving to or from Nevada with a guardianship
Nevada enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act at NRS 159.1991 to 159.2029. A guardian appointed in Nevada may petition to transfer the guardianship to another state, with notice to the persons who would be entitled to notice of a petition to appoint a guardian in Nevada. The court must provisionally grant the transfer if it finds that the protected person is physically present in, or is reasonably expected to move permanently to, the other state, and that the other conditions in NRS 159.2023(2) are met.
To transfer a guardianship from another state into Nevada, the guardian, conservator or another interested party petitions a Nevada court; the petition must include the other state's provisional order of transfer, proof that the person is physically present in or reasonably expected to move permanently to Nevada, proof that less restrictive alternatives to guardianship were considered, and an explanation of why they are not reasonable alternatives (NRS 159.2024(1)). The court may deny the petition if less restrictive alternatives were not considered in Nevada or in the other state, and within 90 days after a final order accepting the transfer it must decide whether the guardianship needs to be modified to conform to Nevada law, including chapter 162C (NRS 159.2024(4), (6)).
As another route into Nevada, if a guardian has been appointed in another state and no petition to appoint a guardian is pending in Nevada, the out-of-state guardian, after giving notice to the appointing court of the intent to register and the reason, may register the guardianship order in Nevada by filing it as a foreign judgment (NRS 159.2025).
Who oversees guardianships in Nevada
NRS 159.341 creates the State Guardianship Office. The State Guardianship Officer is appointed by the Nevada Supreme Court and may hire accountants and investigators to provide auditing and investigative services to the district courts in guardianship proceedings under chapters 159 and 159A. The Officer "shall not act as a guardian for any protected person or protected minor" (NRS 159.341(4)). Public guardians are county offices under NRS chapter 253.
Nevada guardianship at a glance
| Question | Nevada rule | Statute |
|---|---|---|
| Who may petition for an adult? | The proposed protected person, a governmental agency, a nonprofit corporation or any interested person | NRS 159.044(1) |
| Burden of proof (adult) | Clear and convincing evidence that a guardian is necessary | NRS 159.055(1) |
| Burden of proof (child) | Clear and convincing evidence that a guardian is necessary and in the child's best interests | NRS 159A.055(1) |
| Lawyer for the adult | Court shall appoint one unless the person wishes to retain or has retained counsel | NRS 159.0485(1) |
| Medical evidence | Licensed physician's needs assessment, including whether less restrictive alternatives are available and sufficient | NRS 159.044(3) |
| Limited guardianship | Special guardian for a person of limited capacity, with court-specified powers | NRS 159.054(2) |
| Child's consent | Required at 14 or older, except as NRS 159A.061(7) provides | NRS 159A.061(6) |
| Parent naming a guardian | By will, by a witnessed and notarized nomination form, or by another signed writing that the court considers; the nominee must petition and be appointed before acting | NRS 159A.062, 159A.0753, 159A.061(8) |
| No-court option for a child | Notarized short-term guardianship by a parent with legal custody; 6 months or a shorter stated term | NRS 159A.205 |
| Supported decision-making | Written, dated agreement signed before two adult witnesses | NRS 162C.200 |
| Temporary guardianship (adult) | 10 days, for a risk of physical harm or need for medical attention, or for a risk of financial loss; up to two 60-day extensions for good cause; not over 5 months absent extraordinary circumstances | NRS 159.0523, 159.0525 |
| Guardian of the person's report | Annually, within 60 days after the appointment anniversary; court reviews every guardianship annually | NRS 159.081, 159.176 |
| Bond | Required of every guardian except as otherwise provided by law; none if the person has no assets; blocked assets may replace it, and other exceptions apply | NRS 159.065 |
| Ending the guardianship | Clear and convincing evidence that ending it is in the person's best interests, or that the person entered a less restrictive alternative | NRS 159.1905(3) |
Related Nevada pages
- Guardianship laws by state
- Nevada power of attorney laws
- Nevada child custody laws
- Nevada grandparents' rights
- Nevada probate
This article provides general legal information about Nevada guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Nevada or the district court that would hear the case.
Last updated: October 20, 2026.
Frequently Asked Questions
How do I get guardianship of my grandchild in Nevada?
A petition goes to the district court under NRS chapter 159A, and the citation must be served on the child's parents and custodian, the child if 14 or older, and the other persons NRS 159A.047(2) lists. The petitioner must prove by clear and convincing evidence that a guardian is necessary and in the child's best interests (NRS 159A.055(1)), and parents are presumed suitable to care for the child (NRS 159A.061(1)).
Can a parent give a relative guardianship of a child in Nevada without going to court?
A parent with legal custody may appoint a short-term guardian for an unmarried minor child in a writing signed by the parent and the guardian before a notary, except as NRS 159A.205 or NRS 127C.340 provides. A child 14 or older must consent in writing, and the section also sets when the other parent must consent.
How long does a Nevada short-term guardianship last?
Six months, unless the written instrument sets a shorter term or says it ends on an event that occurs sooner (NRS 159A.205(6)). A court order appointing a guardian for the child also ends it, under the section's terms.
What must be proved to get guardianship of an adult in Nevada?
The petitioner must prove by clear and convincing evidence that appointing a guardian is necessary (NRS 159.055(1)), and must file a licensed physician's needs assessment that addresses whether less restrictive alternatives are available and sufficient (NRS 159.044(3)). If the court finds the person is not incapacitated and does not need a guardian, it must dismiss the petition (NRS 159.054(1)).
Does the adult get a lawyer in a Nevada guardianship case?
Yes. When the petition is filed, the court shall appoint an attorney for the proposed protected person unless that person wishes to retain or has already retained a lawyer of his or her own choice (NRS 159.0485(1)).
How long does an emergency guardianship last in Nevada?
An adult temporary guardian may be appointed for 10 days, for a substantial and immediate risk of physical harm or need for medical attention (NRS 159.0523) or of financial loss (NRS 159.0525), with a hearing within 10 days on any extension; extensions are for good cause, no more than two successive 60-day periods, and no more than 5 months in total unless extraordinary circumstances are shown (NRS 159.0523(8), 159.0525(8)).
Can a person under guardianship in Nevada still vote or marry?
A protected person keeps the right to engage in any activity the court has not expressly reserved for a guardian, including voting, marrying, traveling, working and having a driver's license (NRS 159.328(1)(j)). The right to vote is kept unless the court finds by clear and convincing evidence that the person cannot communicate, with or without accommodations, a specific desire to participate in voting (NRS 159.0594(1)).
Does Nevada recognize supported decision-making agreements?
Yes. Under NRS chapter 162C, an adult may sign a written, dated agreement naming one or more supporters before at least two adult witnesses (NRS 162C.200), and NRS 159.0215 lists such an agreement as a less restrictive alternative to guardianship.
How is a Nevada adult guardianship ended?
The protected person, the guardian or another person may petition, and the petitioner must show by clear and convincing evidence that ending or modifying the guardianship is in the person's best interests, or that the person has entered into a less restrictive alternative (NRS 159.1905). The court shall appoint a lawyer for the protected person if the person cannot retain one or the court finds it necessary.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 159: GUARDIANSHIP OF ADULTS
§ 159.055Burden of proof; order appointing guardian; notice of entry of order.In force
1. The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary. 2. If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed protected person, the court shall enter an order appointing a guardian. The order must: (a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian; (b) Specify whether the proposed protected person is a resident or nonresident of this State; (c) Specify the amount of the bond to be executed and filed by the guardian; and (d) Designate the names and addresses, so far as may be determined, of: (1) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047; and (2) Any other interested person. 3. A notice of entry of the court order must be sent to: (a) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047; and (b) Any other interested person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 159.1905Petition for termination or modification; appointment of attorney to represent protected person; burden of proof; issuance of citation; penalties for not filing petition in good faith.In force
1. A protected person, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain: (a) The name and address of the petitioner. (b) The relationship of the petitioner to the protected person. (c) The name, age and address of the protected person, if the protected person is not the petitioner, or the date of death of the protected person if the protected person is deceased. (d) The name and address of the guardian, if the guardian is not the petitioner. (e) The reason for termination or modification. (f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate. (g) A general description and the value of the remaining property of the protected person and the proposed disposition of that property. 2. Upon the filing of the petition, the court shall appoint an attorney to represent the protected person if: (a) The protected person is unable to retain an attorney; or (b) The court determines that the appointment is necessary to protect the interests of the protected person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Nevada Revised Statutes, Chapter 159A: GUARDIANSHIP OF MINORS
§ 159A.055Burden of proof; best interests of proposed protected minor; order appointing guardian; notice of entry of order.In force
1. The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary and in the best interests of the proposed protected minor. 2. In determining the best interests of the proposed protected minor pursuant to subsection 1, the court shall consider: (a) The wishes of the proposed protected minor; (b) The extent to which the parent poses a safety risk of either physical or emotional danger to the proposed protected minor; (c) The nature and quality of the parent-child relationship; (d) The length of time that the proposed protected minor has been out of the care, custody and control of either parent; (e) The ability of the parent to meet the needs of the proposed protected minor; (f) The recommendation of the guardian ad litem, if applicable; and (g) Any other factor deemed relevant by the court. 3. If the court finds by clear and convincing evidence that the appointment of a guardian is necessary and in the best interests of the proposed protected minor, the court shall enter an order appointing a guardian.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
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Sources and References
- NRS 159.0487, Types of guardians(www.leg.state.nv.us).gov
- NRS 159.055, Burden of proof; order appointing guardian(www.leg.state.nv.us).gov
- NRS 159.0485, Appointment of attorney for proposed protected person(www.leg.state.nv.us).gov
- NRS 159.054, Findings; dismissal; special guardian; general guardian(www.leg.state.nv.us).gov
- NRS 159.044, Petition for appointment of guardian; contents(www.leg.state.nv.us).gov
- NRS 159.0215, "Less restrictive alternatives to guardianship" defined(www.leg.state.nv.us).gov
- NRS 159.022, "Limited capacity" defined(www.leg.state.nv.us).gov
- NRS 159A.055, Burden of proof; best interests of proposed protected minor(www.leg.state.nv.us).gov
- NRS 159A.061, Presumption of parental suitability; consent of minor 14 or older(www.leg.state.nv.us).gov
- NRS 159A.205, Short-term guardianship appointed by parent(www.leg.state.nv.us).gov
- NRS 159.0523, Temporary guardian for adult(www.leg.state.nv.us).gov
- NRS 159.328, Protected Persons' Bill of Rights(www.leg.state.nv.us).gov
- NRS 159.019, "Incapacitated" defined(www.leg.state.nv.us).gov
- NRS 159.079, Powers and duties of guardian of the person(www.leg.state.nv.us).gov
- NRS 159.065, Bond of guardian(www.leg.state.nv.us).gov
- NRS 159.177, Annual account of guardian of the estate(www.leg.state.nv.us).gov
- NRS 162C.200, Supported decision-making agreement: requirements and termination(www.leg.state.nv.us).gov
- NRS 159A.047, Citation in minor guardianship; persons served(www.leg.state.nv.us).gov
- NRS 159A.079, Powers and duties of guardian of a protected minor(www.leg.state.nv.us).gov
- NRS 159A.0565, Visitation orders in minor guardianship(www.leg.state.nv.us).gov
- NRS 159A.081, Reports of guardian of a protected minor(www.leg.state.nv.us).gov
- NRS 159A.176, Annual court review of minor guardianship(www.leg.state.nv.us).gov
- NRS 159A.053, Temporary guardian for minor(www.leg.state.nv.us).gov
- NRS 159A.191, Termination of minor guardianship(www.leg.state.nv.us).gov
- NRS 159A.1915, Parent's petition to terminate minor guardianship(www.leg.state.nv.us).gov
- NRS 159A.062, Nomination of guardian by parent's will(www.leg.state.nv.us).gov
- NRS 159.062, Nomination of guardian by will of parent or spouse(www.leg.state.nv.us).gov
- NRS 159A.215, Appointment of guardian by parent in military service(www.leg.state.nv.us).gov
- NRS 159.047, Citation; persons served(www.leg.state.nv.us).gov
- NRS 159.0455, Guardian ad litem(www.leg.state.nv.us).gov
- NRS 159.0535, Attendance of proposed protected person at hearing(www.leg.state.nv.us).gov
- NRS 159.0613, Preference in appointment of guardian(www.leg.state.nv.us).gov
- NRS 159.0753, Request to Nominate Guardian(www.leg.state.nv.us).gov
- NRS 159.0807, Notice before moving protected person to higher level of care(www.leg.state.nv.us).gov
- NRS 159.0806, Consent to sterilization(www.leg.state.nv.us).gov
- NRS 159.0805, Experimental treatment(www.leg.state.nv.us).gov
- NRS 159.332, Communication and visitation with relatives(www.leg.state.nv.us).gov
- NRS 159.0594, Right to vote(www.leg.state.nv.us).gov
- NRS 159.081, Reports of guardian of the person(www.leg.state.nv.us).gov
- NRS 159.176, Annual court review of guardianship(www.leg.state.nv.us).gov
- NRS 159.1905, Petition for termination or modification of guardianship(www.leg.state.nv.us).gov
- NRS 159.191, Termination of guardianship(www.leg.state.nv.us).gov
- NRS 162C.210, Role of supporter(www.leg.state.nv.us).gov
- NRS 162C.310, Decisions made with supporter's assistance(www.leg.state.nv.us).gov
- NRS 162C.300, Agreement not evidence of incapacity(www.leg.state.nv.us).gov
- 20 C.F.R. 404.2001, Representative payment(www.law.cornell.edu)
- NRS 159.1991, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act(www.leg.state.nv.us).gov
- NRS 159.2023, Transfer of guardianship to another state(www.leg.state.nv.us).gov
- NRS 159.2025, Registration of out-of-state guardianship order(www.leg.state.nv.us).gov
- NRS 159.341, State Guardianship Office(www.leg.state.nv.us).gov
- NRS 159A.0753, Request to nominate guardian of a minor(www.leg.state.nv.us).gov
- NRS 159.0475, Manner of serving citation(www.leg.state.nv.us).gov
- NRS 159.048, Contents of citation(www.leg.state.nv.us).gov
- NRS 159.2024, Transfer of guardianship to Nevada(www.leg.state.nv.us).gov
- NRS 159.085, Inventory(www.leg.state.nv.us).gov
- NRS 159.0525, Temporary guardian for risk of financial loss(www.leg.state.nv.us).gov
- NRS 159A.0483, Minor deemed a party; attorney(www.leg.state.nv.us).gov
- NRS 159A.045, Attorney for protected minor(www.leg.state.nv.us).gov
- NRS 159A.343, Guardian for minor seeking special immigrant juvenile status(www.leg.state.nv.us).gov