Nevada Revised Statutes 159.1905 – Petition 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
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:
Terms Used In Nevada Revised Statutes 159.1905
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) 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.
3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.
4. The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.
5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected person, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected person; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected person and associated with the petition.