Nevada Revised Statutes 159A.0455 – Appointment of guardian ad litem or advocate for best interests of protected minor or proposed protected minor; requirements; duties; compensation
1. The court may appoint a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is the subject of guardianship proceedings conducted pursuant to this chapter if the court believes that the minor could benefit from that appointment.
Terms Used In Nevada Revised Statutes 159A.0455
- 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
2. The court may not appoint an attorney as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor unless:
(a) The court believes that an attorney who represents the protected minor or proposed protected minor is unable to provide information which is required by the court to make a determination on the best interests of the minor;
(b) No volunteer is available to serve as an advocate; or
(c) Extraordinary circumstances exist in which an attorney may assist the court as an advocate.
3. A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is appointed pursuant to subsection 1:
(a) Is an officer of the court;
(b) Does not represent the protected minor or proposed protected minor;
(c) Shall not offer legal advice;
(d) Is not a party to the case;
(e) Shall advocate for the best interests of the protected minor or proposed protected minor;
(f) Shall provide information to the court in accordance with applicable court rule; and
(g) Shall serve until relieved of that duty by court order.
4. A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. If the protected minor or proposed protected minor is indigent, the court may order such compensation to be paid by the county. If the court finds that a person has unnecessarily or unreasonably caused the appointment of a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor, the court may order the person to pay to the estate of the protected minor or proposed protected minor all or part of the expenses associated with the appointment of the guardian ad litem or advocate for the best interests of the protected minor or proposed protected minor.