The Nevada legislature made several changes to the guardianship statues, which became effective October 1, 2009. This article discusses highlights of those changes.

Proposed wards have increased due process rights. The initial petition for guardianship must include documentation on why a guardian is needed, specifically: (1) a certificate signed by a physician who is licensed in Nevada or who is employed by the Department of Veterans Affairs, (2) a letter signed by any government agency in Nevada which conducts investigations, or (3) a certificate signed by any person the court finds qualified.

The proposed ward must be advised of his or her right to counsel. This will either occur in court, or a qualified person may sign a certificate excusing the attendance and certifying that the proposed ward was advised of right to counsel. If the proposed ward requests an attorney, the proposed ward's funds will be used to pay for the attorney.

The guardian of the person may move a ward into a secured residential long-term care facility if (a) the court previously granted such authority or (b) the transfer is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county's office for protective services. The guardian of the person must file a report with the court within 10 days of moving a ward to a secured residential long-term care facility. The report must include a copy of the written recommendation upon which the transfer was made.

Nevada has adopted the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act, in part. These provisions are to facilitate cooperation between courts in different states and to provide for determining which state has jurisdiction. It also provides procedures for transferring proceedings to another state, and for enforcement of orders from other states.

A guardian is required to keep records relating to the guardianship for a period of 7 years after the last financial transaction.

If the ward resides in an institution of facility, the institution or facility shall furnish itemized accountings to the guardian of all financial activity pertaining to the ward on a quarterly basis.

A guardian of the estate may manage guardianship accounts via internet secured website of financial institution. A guardian of the estate shall not provide a copy of any inventory or accounting to the care provider.

Amount of funds allowed to be kept for burial and exempt from all claims is increased from $1500 to $3000.

If a ward was involuntarily committed, the facility must notify the guardian before the ward is released. The guardian has discretion to determine where to release the ward. If the guardian does not determine where to release the ward within a certain period of time, the facility may release the ward according to its own plan.