Nevada Guardianship: A Guide for Families
By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes chapters 159, 159A, 160, 162A and 162C (current through the 2025 legislative session)
In Nevada, a guardian is a person the court appoints as guardian of the person, of the estate, or of the person and estate for someone else (NRS 159.017). For adults, a guardian may be appointed when a person is incapacitated, meaning that, for reasons other than being a minor, he or she cannot receive and evaluate information or make or communicate decisions to such an extent that he or she lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance (NRS 159.019, 159.0487). A special guardian may be appointed for an adult of limited capacity, who can make some but not all of the decisions needed for his or her own care and property (NRS 159.022, 159.026).
The adult is called the proposed protected person while the case is pending and the protected person once a guardian is appointed (NRS 159.025, 159.0253). Adult guardianships are governed by chapter 159 of the Nevada Revised Statutes (NRS), and guardianships of minors by chapter 159A (NRS 159A.0487). This guide focuses on guardianship of the person and on court procedure. Money and property are covered in the companion guide, Nevada Guardianship of the Estate.
How a Nevada Adult Guardianship Works
- Consider alternatives. Less restrictive alternatives to guardianship include a durable power of attorney for financial matters, a durable power of attorney for health care, and a supported decision-making agreement (NRS 159.0215). The petition must attest that information on these alternatives was given to the proposed protected person (NRS 159.044(2)(t)).
- File a petition. The proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition (NRS 159.044(1)). The petition must include, among other things, a certificate or letter describing the need for a guardian (NRS 159.044(2)(i)), and before the court rules the petitioner must provide a needs assessment completed by a licensed physician (NRS 159.044(3)).
- Serve the citation. The clerk issues a citation, which must be served with the petition on the proposed protected person, his or her spouse, known relatives who are 14 or older and within the second degree of consanguinity, and others listed in the statute (NRS 159.047).
- Attorney for the proposed protected person. The court shall appoint an attorney unless the proposed protected person wishes to retain, or has retained, his or her own (NRS 159.0485(1)).
- Hearing. The petitioner must prove by clear and convincing evidence that a guardianship is necessary (NRS 159.055(1)). Depending on its findings, the court shall dismiss the petition, order a special guardianship, or appoint a general guardian (NRS 159.054).
- Qualify and receive letters. The guardian takes the oath, files required documents and, except as otherwise provided by law, files a bond; the court then orders letters of guardianship to issue (NRS 159.073, 159.065, 159.075).
- Ongoing duties and court review. The guardian of the person files annual reports (NRS 159.081), and every guardianship must be reviewed by the court annually (NRS 159.176).
Every protected person has the right, if possible, to have his or her preferences followed and to age in his or her own surroundings or, if that is not possible, in the least restrictive environment suitable to his or her needs and abilities (NRS 159.0807(1)).
Nevada Guardianship Topics
- Adult Guardianship in Nevada: who may petition, what the petition must include, service of the citation, the right to an attorney, medical evidence, the hearing and the court’s findings.
- Types of Guardianship: general, special and temporary guardianships, and guardians of the person, the estate, or both.
- Who Can Serve as a Guardian: qualifications, disqualifications, the order of preference, and nominating your own guardian in advance.
- Duties of a Guardian of the Person: residence, medical decisions, reports to the court, and actions that need court approval.
- Rights of Protected Persons: the Legislature’s declaration of protected persons’ rights and communication and visits with relatives.
- Guardianship of Minors: appointing a guardian for a child under chapter 159A.
- Alternatives to Guardianship: powers of attorney for financial matters and health care, and supported decision-making agreements.
- Changing or Ending a Guardianship: modification, removal, resignation, termination, restoring rights, and moving a guardianship between states.
Key Deadlines and Requirements at a Glance
| Step | Timing | NRS |
|---|---|---|
| Serve citation and petition on the proposed protected person | Personal service at least 10 days before the hearing, or a court-authorized alternative method at least 20 days before | 159.0475(1)(a) |
| Serve citation and petition on relatives and others required to be served | Certified mail at least 20 days before the hearing, personal service at least 10 days before, or a court-authorized alternative method at least 20 days before | 159.0475(1)(b) |
| Service by publication, if no one can be served after due diligence | At least 20 days before the hearing | 159.0475(2) |
| Notice of hearing on other petitions in the case | At least 10 days before the hearing | 159.034(2) |
| Identification of the proposed protected person, if not filed with the petition | Within 120 days after the guardian is appointed, or as the court orders | 159.044(2)(c) |
| Temporary guardian: initial term | 10 days | 159.0523(2), 159.0525(2) |
| Temporary guardian: hearing on extension | No later than 10 days after appointment | 159.0523(5), 159.0525(5) |
| Temporary guardian: notice when advance notice was excused due to risk | No later than 48 hours after appointment or after the petitioner discovers who and where the people entitled to notice are | 159.0523(4), 159.0525(4) |
| Temporary guardian: extensions | Up to two successive 60-day periods for good cause; no more than 5 months total unless extraordinary circumstances are shown | 159.0523(8), 159.0525(8) |
| Master’s recommendation on who should serve (if a master is appointed) | No later than 5 calendar days after the master’s hearing | 159.0615(2) |
| Serve order of appointment on the protected person | No later than 5 days after the appointment | 159.074(1) |
| Inventory by a general or special guardian of the estate | No later than 60 days after appointment, or further time the court allows | 159.085(1) |
| Notice of intent to move the protected person to a higher level of care | At least 10 days before the move, with listed exceptions | 159.0807(4) |
| Report after moving the protected person to a secured residential long-term care facility | Within 10 days of the move | 159.081(1)(b) |
| Annual report of the guardian of the person | No later than 60 days after the anniversary date of the appointment | 159.081(1)(a) |
| Annual account of the guardian of the estate (or special guardian managing property) | No later than 60 days after the anniversary date of the appointment, unless the court orders a different interval for good cause | 159.177(1)(a) |
| Court review of the guardianship | Annually | 159.176 |
| Notice of the protected person’s death to the court and others listed | Within 30 days after the death | 159.191(5) |
| Final account by the guardian of the estate (or special guardian managing property) after termination or death | Within 90 days, unless the court authorizes a longer period | 159.177(1)(d) |
| Lawsuit against sureties on a guardian’s bond | Within 3 years after the guardian is discharged, with an exception for a person under legal disability | 159.071 |
Each deadline has conditions and exceptions set out in the cited section. The topic pages above explain them in more detail.
How I Can Help
I guide families through Nevada guardianship from start to finish, from weighing less restrictive alternatives and preparing the petition to the hearing, the guardian’s oath and bond, and the reports and accountings that follow. I also represent people who want to oppose, change or end a guardianship. Request a consultation to discuss your situation.
This page provides general information about Nevada guardianship law, based on the Nevada Revised Statutes as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect guardianship matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.
