Nevada Revised Statutes 159A.315 – Order of court upon findings concerning allegations that person disposed of money of protected minor or proposed protected minor or has evidence of interest of protected minor or proposed protected minor in or to pr…
1. If the court finds, after examination of a person cited pursuant to NRS 159A.305, that the person has committed an act:
Terms Used In Nevada Revised Statutes 159A.315
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Testify: Answer questions in court.
(a) Set forth in paragraph (a) of subsection 1 of NRS 159A.305, the court may order the person to return the asset or the value of the asset to the guardian of the estate; or
(b) Set forth in paragraph (b) of subsection 1 of NRS 159A.305, the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.
2. The court may hold a person who is cited pursuant to NRS 159A.305 in contempt of court and deal with the person accordingly if the person:
(a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or
(b) Fails to comply with an order of the court issued pursuant to subsection 1.
3. An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed protected minor or the estate of the protected minor to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.
4. If the person who is cited pursuant to NRS 159A.305 appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed protected minor or the estate of the protected minor, the court may order:
(a) The proposed protected minor or the estate of the protected minor to pay the attorney’s fees and costs of the respondent; or
(b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney’s fees and costs of the respondent.