Nevada Revised Statutes 159.0807 – Moving location of protected person: Filing and service of notice of intent to move; circumstances in which notice not required; filing notice of change of address
1. Every protected person has the right, if possible, to:
Terms Used In Nevada Revised Statutes 159.0807
- county: includes Carson City. See Nevada Revised Statutes 0.033
- 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
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) Have his or her preferences followed; and
(b) Age in his or her own surroundings or, if not possible, in the least restrictive environment suitable to his or her unique needs and abilities.
2. Except as otherwise provided in subsection 4, a proposed protected person must not be moved until a guardian is appointed.
3. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, the guardian shall notify all interested persons in accordance with subsection 4 if the protected person:
(a) Is admitted to any residential long-term care facility;
(b) Changes his or her residence, including, without limitation, to or from one residential long-term care facility to another; or
(c) Is admitted to a hospital or is temporarily placed in a facility that provides rehabilitative services.
4. Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, a guardian shall file with the court a notice of his or her intent to move the protected person to a higher level of care and shall serve notice upon all interested persons not less than 10 days before moving the protected person unless:
(a) An emergency condition exists, including, without limitation, an emergency condition that presents a risk of imminent harm to the health or safety of the protected person, and the protected person will be unable to return to his or her residence for a period of more than 24 hours;
(b) The move or change in placement 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 or state office for protective services; or
(c) The move or change in placement is a result of the protected person being admitted to a hospital or facility that provides rehabilitative services.
5. If an emergency condition exists pursuant to paragraph (a) of subsection 4, the guardian may take temporary action to mitigate the condition without the permission of the court, and shall file notice with the court and serve such notice upon all interested parties as soon as practicable after the action is taken.
6. If no objection to the move is received from any interested person within 10 days after receiving a notice pursuant to subsection 4 or 5, the guardian may move the protected person without court permission. Once a permanent placement for the protected person is established, the guardian shall, as soon as practicable after such placement, file a notice of change of address with the court.
7. Except as otherwise provided in this subsection, any notice provided to a court, an interested person or person of natural affection pursuant to this section or NRS 159.0809 must include the current location of the protected person. The guardian shall not provide any contact information to an interested person or person of natural affection if an order of protection has been issued against the interested person or person of natural affection on behalf of the protected person.
8. A guardian is not required to provide notice to an interested person or person of natural affection in accordance with this section or NRS 159.0809 if:
(a) The interested person or person of natural affection informs the guardian in writing that the person does not wish to receive such notice; or
(b) The protected person or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.