Nevada Revised Statutes 159.125 – Gifts from estate of protected person; expenditures for relatives of protected person
1. A guardian of the estate, with prior approval of the court by order, may, from the estate of the protected person which is not necessary for the proper care, maintenance, education and support of the protected person and of persons to whom the protected person owes a legal duty of support:
Terms Used In Nevada Revised Statutes 159.125
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) Make reasonable gifts directly, or into a trust, on behalf of the protected person.
(b) Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the protected person by blood, adoption or marriage.
(c) Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the protected person by blood, adoption or marriage.
2. Any petition filed by a guardian pursuant to this section must state whether:
(a) The purpose of the guardian in seeking approval to make the gift, payment or contribution is to dispose of assets to make the protected person eligible for Medicaid; and
(b) Making the gift, payment or contribution will cause the protected person to become eligible for Medicaid.