Adult Guardianship in Nevada: Petition, Notice and Hearing

Part of my Nevada Guardianship Guide.

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 This GuideNevada GuardianshipTopic 1 of 8: Adult Guardianship

An adult guardianship is a court case in which a Nevada district court decides whether an adult needs a guardian: a person appointed by the court as guardian of the person, of the estate, or of the person and estate for someone else (NRS 159.017). The adult the case is about is called the proposed protected person until a guardian is appointed (NRS 159.025), and a protected person after that (NRS 159.0253).

This page walks through the steps in chapter 159 of the Nevada Revised Statutes (NRS): who may file, what the petition must say, who must be notified, the proposed protected person’s right to an attorney, the medical evidence, the hearing, and the court’s findings. Guardianships for children are handled under a separate chapter; see Guardianship of Minors.

When a Guardian May Be Needed

Two statutory terms matter here. A person is incapacitated if, for reasons other than being a minor, the person cannot receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance (NRS 159.019). A person has limited capacity if the adult can make some, but not all, of the decisions needed for his or her own care and property (NRS 159.022).

The court can appoint a general guardian, a special guardian for a person of limited capacity, or, in urgent situations, a temporary guardian (NRS 159.054, 159.0523, 159.0525). These options are explained in Types of Guardianship in Nevada. The law also recognizes less restrictive alternatives to guardianship, which 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). See Alternatives to Guardianship.

Who May File a Petition

The proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition the court to appoint a guardian (NRS 159.044(1)). An interested person is someone entitled to notice of a guardianship proceeding under NRS 159.034 (NRS 159.0195).

When Nevada is the proposed protected person’s home state, the case is filed in the county where he or she resides (NRS 159.037(1)). The home state is the state where the person was physically present for at least 6 consecutive months, counting any temporary absence, right before the petition was filed (NRS 159.018). If the proper county is inconvenient, a petition can be filed showing that, and another county may accept the case (NRS 159.037(3)).

What the Petition Must Include

To the extent the petitioner knows or can reasonably find out or obtain the information, the petition must include, among other things (NRS 159.044(2)):

Basic information: names and addresses of the petitioner and proposed protected person, the proposed protected person’s date of birth and residency, and the names and addresses of his or her spouse and relatives within the second degree of consanguinity (NRS 159.044(2)(a)–(b), (d)–(e)).
Identification: a copy of one listed form of identification for the proposed protected person and for the proposed guardian, such as a social security number or valid driver’s license number, kept confidential except as the law provides (NRS 159.044(2)(c), (g)). If the proposed protected person’s identification is not included, it must be given to the court within 120 days after a guardian is appointed or as the court orders (NRS 159.044(2)(c)).
The proposed guardian: name, date of birth and address; any felony conviction; any bankruptcy filing or protection in the past 7 years; and either proof of meeting the private professional guardian requirements or a statement that he or she is not currently paid to serve as guardian for more than one unrelated protected person (NRS 159.044(2)(f), (h), (s)).
The need: a summary of why a guardian is needed with recent documentation, and whether a general or special guardian is sought (NRS 159.044(2)(i)–(j)).
Property: if a guardian of the estate or special guardian is sought, a general description and probable value of the property and income, including any money paid or payable by the Department of Veterans Affairs (NRS 159.044(2)(k)).
Relationships and powers: who has care, custody or control of the proposed protected person; if the petitioner is not the spouse or natural child, a declaration explaining the relationship and any interest; and requests for specific powers under NRS 159.117 to 159.175 (NRS 159.044(2)(l)–(n)).
Background: whether the case follows an investigation of abuse, neglect, exploitation, isolation or abandonment and who referred it; any pending criminal or civil litigation involving the proposed protected person or proposed guardian; and whether the guardianship is sought to start litigation (NRS 159.044(2)(o)–(q)).
Existing documents and alternatives: whether the proposed protected person has signed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian, and the named agents; and an attestation that information on less restrictive alternatives was given to him or her (NRS 159.044(2)(r), (t)).

Upon the filing of the petition, the court may require the proposed guardian to file a proposed preliminary care plan and budget (NRS 159.0445). If the guardianship will involve money or property, see Appointment and Bond for a Guardian of the Estate.

Medical Evidence of Incapacity

The documentation filed with the petition must include a certificate or letter from one of these sources: a physician licensed to practice medicine in Nevada or employed by the Department of Veterans Affairs; any Nevada governmental agency that conducts investigations (by letter); or any other person the court finds qualified to sign a certificate (NRS 159.044(2)(i)(1)). It must state (NRS 159.044(2)(i)(1)):

The need for a guardian.
Whether the proposed protected person is a danger to himself or herself or others.
Whether attending a hearing would be detrimental to the proposed protected person.
Whether the proposed protected person would understand the reason for a hearing or contribute to the proceeding.
Whether the proposed protected person can live independently with or without assistance.

If the proposed protected person is found to have the limited capacity to consent to a special guardian, the documentation must also include his or her written consent to that appointment (NRS 159.044(2)(i)(2)).

Separately, before the court makes its findings, the petitioner must give the court a needs assessment completed by a licensed physician (NRS 159.044(3)). It must identify the person’s limitations of capacity, explain how they affect his or her ability to maintain safety and basic needs, and determine whether less restrictive alternatives to guardianship are available and sufficient (NRS 159.044(3)). The court may prescribe the form of the assessment (NRS 159.044(3)).

The Citation and Who Must Be Served

A citation is a document issued by the court clerk that can require a person to appear, direct a person to act in a specified way, or notify a person of a hearing (NRS 159.0145). Except in certain temporary guardianship situations and as NRS 159.0475 provides, when a petition is filed the clerk issues a citation setting the time and place of the hearing and directing the persons listed below to appear and show cause why a guardian should not be appointed (NRS 159.047(1)).

The citation and a copy of the petition must be served on (NRS 159.047(2)):

The proposed protected person, whether or not he or she is considered able to understand the papers.
The spouse, and all other known relatives who are 14 or older and within the second degree of consanguinity.
The parents and custodian of the proposed protected person.
Any person or officer of a care provider having care, custody or control of the proposed protected person.
The proposed guardian, if he or she is not the petitioner.
Any Department of Veterans Affairs office in Nevada, if the proposed protected person receives payments or benefits through that department.
The Director of the Nevada Health Authority, if the proposed protected person has received or is receiving Medicaid benefits.

The citation must tell the proposed protected person that he or she may be found incapacitated or of limited capacity and a guardian may be appointed, that his or her rights may be affected as stated in the petition, that he or she has the right to appear and oppose the petition, and that he or she has the right to an attorney, who the court may appoint if he or she cannot retain one (NRS 159.048).

Service Deadlines

Who is served	Method	Deadline
Proposed protected person	Personal service	At least 10 days before the hearing (NRS 159.0475(1)(a)(1))
Proposed protected person	Court-authorized alternative method (not publication), for good cause	At least 20 days before the hearing (NRS 159.0475(1)(a)(2))
Everyone else who must be served	Certified mail, return receipt requested	At least 20 days before the hearing (NRS 159.0475(1)(b)(1)(I))
Everyone else who must be served	Personal service	At least 10 days before the hearing (NRS 159.0475(1)(b)(1)(II))
Everyone else who must be served	Court-authorized alternative method (not publication), for good cause	At least 20 days before the hearing (NRS 159.0475(1)(b)(2))
Anyone, if no one can be served after due diligence (proven by affidavit)	Publication	At least 20 days before the hearing; the court may waive publication for good cause (NRS 159.0475(2))

These rules apply except as the court orders otherwise (NRS 159.0475(1)). Service is not needed on a person who signed the petition or a written waiver of service, or who makes a general appearance (NRS 159.0475(3)). Whoever serves the proposed protected person must file an affidavit of that service (NRS 159.047(3)).

For later petitions in the case, the petitioner generally must give notice of the hearing at least 10 days in advance to the people listed in NRS 159.034 (NRS 159.034(1)–(2)).

The Right to an Attorney

When a petition is filed, the court shall appoint an attorney for the proposed protected person unless he or she wishes to retain, or has already retained, an attorney of his or her own choice (NRS 159.0485(1)). If the county has a legal services program for the indigent that serves protected persons and can accept the case, the court appoints an attorney from that program (NRS 159.0485(2)(a)). If the proposed protected person then wants a different attorney, the court shall appoint that attorney (NRS 159.0485(2)(a)).

If there is no such program, or it cannot take the case, the court decides whether the proposed protected person can pay a reasonable attorney from his or her estate (NRS 159.0485(2)(b)). If so, the court orders an attorney to represent the person, paid from the estate; if not, the court may use money retained under NRS 247.305 to pay for an attorney (NRS 159.0485(2)(b)).

Guardians ad Litem and Investigators

The court may appoint a guardian ad litem to represent the proposed protected person if it believes the person will benefit and the guardian ad litem’s services will help determine the person’s best interests (NRS 159.0455(1)). A guardian ad litem is an officer of the court, not a party, and does not give legal advice (NRS 159.0455(4)). The guardian ad litem advocates for the person’s best interests in a way that helps the court find the action that is least restrictive and in his or her best interests (NRS 159.0455(4)(a)).

The court may also appoint one or more investigators when the petition is filed or later (NRS 159.046(1)). Their tasks can include checking whether a proposed guardian can provide for basic needs such as food, clothing, shelter and medical care (NRS 159.046(1)(d)). An investigator is entitled to reasonable compensation from the proposed protected person’s estate (NRS 159.046(4)).

The Hearing

A proposed protected person found in Nevada must attend the hearing unless (NRS 159.0535(1)):

A certificate from a physician or psychiatrist licensed in Nevada or employed by the Department of Veterans Affairs, or from any other person the court finds qualified, states his or her condition, why he or she cannot appear, and whether attending would harm his or her physical or mental health; or
He or she waives appearance through a court-appointed or retained attorney.

A person who cannot attend, as stated in such a certificate, may appear by telephone, videoconference or other real-time audio-video means (NRS 159.0535(2)). A proposed protected person who is not in Nevada must attend only if the court decides it is necessary in the interests of justice (NRS 159.0535(3)).

The petitioner has the burden of proving by clear and convincing evidence that a guardian of the person, of the estate, or of the person and estate is necessary (NRS 159.055(1)). The court also decides who should serve, generally giving preference to a person the proposed protected person nominated, and then to a relative, if the court finds that person qualified and suitable (NRS 159.0613(1)). That subject is covered in Who Can Serve as a Guardian.

The Court’s Findings and Order

The statute lists three possible outcomes (NRS 159.054):

If the court finds the person is not incapacitated and does not need a guardian, it shall dismiss the petition (NRS 159.054(1)).
If the court finds the person is of limited capacity and needs a special guardian, it shall enter an order accordingly and specify the special guardian’s powers and duties (NRS 159.054(2)).
If the court finds a general guardian is required, it shall appoint a general guardian of the person, estate, or person and estate (NRS 159.054(3)).

An order appointing a guardian must state whether the guardian is of the person, of the estate, of the person and estate, or a special guardian; whether the person is a Nevada resident; the amount of the bond; and the names and addresses of the relatives who must be served and any other interested persons (NRS 159.055(2)). Notice of entry of the order must be sent to those relatives and interested persons (NRS 159.055(3)).

Two other findings may be part of the case:

Firearms. If the court appoints a general guardian, it must decide by clear and convincing evidence whether the person is a “person with a mental defect” who is prohibited from possessing a firearm under federal law (NRS 159.0593(1)). If it so finds, the finding goes in the order and is reported to the Central Repository for Nevada Records of Criminal History (NRS 159.0593(1)).
Voting. A protected person keeps the right to vote unless the court specifically finds by clear and convincing evidence that he or she lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in voting (NRS 159.0594(1)).

After the Appointment

Before starting to act and before letters of guardianship issue, every guardian must take and sign the official oath, file documents showing his or her full legal name and residence and post office addresses, and file a verified acknowledgment of a guardian’s duties (NRS 159.073(1)). The court may let a public guardian or private professional guardian file one general acknowledgment instead (NRS 159.073(2)). Except as otherwise provided by law, every guardian must also file a bond in the amount the court decides (NRS 159.065(1)). No bond is required if the protected person has no assets (NRS 159.065(4)).

When the guardian has taken the oath and filed a bond as the chapter provides, the court shall order letters of guardianship to issue (NRS 159.075). A copy of the order appointing the guardian must be served on the protected person personally or by mail within 5 days after the appointment (NRS 159.074(1)). As a condition of appointment, the court may require the guardian to complete guardianship training (NRS 159.0592).

From there, the guardian’s work is governed by the duties described in Duties of a Guardian of the Person and, for money and property, Managing the Protected Person’s Estate. The protected person keeps important rights, discussed in Rights of Protected Persons.

How I Can Help

I help families and other petitioners prepare and file guardianship petitions, gather the physician’s certificate and needs assessment, arrange proper service of the citation, and present the case at the hearing. I also represent proposed protected persons and relatives who want to oppose a petition or suggest a less restrictive option. 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.