Nevada Revised Statutes 159A.191 – Termination of guardianship of person, estate or person and estate; procedure upon death of protected minor
1. A guardianship of the person, of the estate, or of the person and estate is terminated:
Terms Used In Nevada Revised Statutes 159A.191
- Executor: A male person named in a will to carry out the decedent
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Trustee: A person or institution holding and administering property in trust.
(a) By the death of the protected minor;
(b) Upon the protected minor’s change of domicile to a place outside this State and the transfer of jurisdiction to the court having jurisdiction in the new domicile;
(c) Upon order of the court, if the court determines that the guardianship no longer is necessary;
(d) On the date on which the protected minor reaches 18 years of age; or
(e) On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if:
(1) The protected minor will be older than 18 years of age upon graduation from high school; and
(2) The protected minor and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the protected minor will become 18 years of age.
2. A guardianship of the estate is terminated:
(a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian;
(b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or
(c) By the death of the protected minor, subject to the provisions of NRS 159A.193.
3. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.
4. The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected minor of the death of the protected minor within 30 days after the death.
5. Immediately upon the death or emancipation of the protected minor:
(a) The guardian of the estate shall have no authority to act for the protected minor except to wind up the affairs of the guardianship pursuant to NRS 159A.193, and to distribute the property of the protected minor as provided in NRS 159A.195 and 159A.197; and
(b) No person has standing to file a petition pursuant to NRS 159A.078.
6. A hearing may be held not later than 90 days before a protected minor reaches the age of majority to determine whether:
(a) Guardianship is needed beyond the age of majority;
(b) The protected minor desires an additional year of guardianship beyond the age of majority; and
(c) The guardian should be notified of any requirements of the guardianship which require compliance before termination of the guardianship.
7. If, at a hearing conducted pursuant to subsection 6, a court makes a determination that, upon reaching the age of majority, a protected minor would be deemed incapacitated, as defined in NRS 159.019, a petition may be filed in accordance with the provisions of chapter 159 of NRS to seek guardianship for the protected minor pursuant to that chapter to take effect when the protected minor reaches the age of majority. The protected minor has the right to be represented by counsel if guardianship is sought pursuant to this subsection.