Who Can Serve as a Guardian in Nevada

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 3 of 8: Who Can Serve

When a Nevada court decides that an adult needs a guardian, it must also decide who will serve. A “guardian” is any person appointed as guardian of the person, of the estate, or of the person and estate, and the term includes certain organizations and joint appointees (NRS 159.017). The adult who has a guardian is called the “protected person,” and an adult for whom a guardianship case has been started is the “proposed protected person” (NRS 159.0253; NRS 159.025).

Nevada law does not simply hand the job to the closest family member. It sets out preferences, factors the court must weigh, and rules that disqualify some people (NRS 159.0613). This page explains those rules for guardianships of adults. For children, see Guardianship of Minors in Nevada.

Who Gets Preference

The court must give preference first to a “nominated person” and then to a “relative,” in that order (NRS 159.0613(1)). This preference applies whether or not the person lives in Nevada, but only if the court decides the person is qualified and suitable to serve (NRS 159.0613(1)(a)-(b)).

Nominated person: someone, related or not, whom the protected person named as guardian in a will, trust or other written instrument that is part of his or her established estate plan and was signed while he or she was not incapacitated, or whom the protected person requested in a request to nominate a guardian made under NRS 159.0753 (NRS 159.0613(9)(c)).
Relative: a person 18 or older who is related to the protected person by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity (NRS 159.0613(9)(d)).

If two or more nominated persons are qualified and suitable, the court may appoint two or more of them as co-guardians (NRS 159.0613(3)). Otherwise, it must prefer a person nominated in the protected person’s estate plan over a person named in a request to nominate a guardian under NRS 159.0753 (NRS 159.0613(3)(a)-(b)).

What the Court Considers

To decide whether a nominated person, relative or other candidate is qualified and suitable, the court must consider, if applicable and without limitation (NRS 159.0613(2)):

The person’s ability to provide for the protected person’s basic needs, including food, shelter, clothing and medical care (NRS 159.0613(2)(a)).
Whether the person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except cannabis use in accordance with chapter 678C of NRS (NRS 159.0613(2)(b)).
Whether the person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, spouse, parent or any other adult, unless the court finds that appointing the person is in the protected person’s best interests (NRS 159.0613(2)(c)).
Whether the person is incapacitated or has a disability (NRS 159.0613(2)(d)).
Whether the person has been convicted of a felony in Nevada or elsewhere, unless the court determines the conviction should not disqualify the person (NRS 159.0613(2)(e)).

Subject to the preferences above, the court must appoint the qualified person who is most suitable and willing to serve (NRS 159.0613(4)). In choosing, the court gives consideration, among other factors, to any nomination or request by the protected person, any nomination or request by a relative, any recommendation from a master of the court or special master, and any request to appoint another interested person the court deems appropriate, such as a non-relative who holds a power of attorney signed by the protected person while he or she was not incapacitated (NRS 159.0613(4)(a)-(b), (d)-(e)).

Family Relationships the Court May Consider

The court also considers the proposed guardian’s relationship to the protected person by blood, adoption, marriage or domestic partnership (NRS 159.0613(4)(c)). The court may consider relatives of the half blood equally with those of the whole blood, and it may consider relatives in this order (NRS 159.0613(4)(c)):

Order	Relative
1	A spouse or domestic partner
2	A child
3	A parent
4	Any relative the protected person lived with for more than 6 months before the petition was filed, or any relative who holds a power of attorney the protected person signed while not incapacitated
5	Any relative currently acting as agent
6	A sibling
7	A grandparent or grandchild
8	An uncle, aunt, niece, nephew or cousin
9	Any other person recognized to be in a familial relationship with the protected person

Masters and Witnesses

If the court determines a person may need a guardian, it may appoint a master of the court or a special master from the State Bar of Nevada to hold a hearing to identify the person most qualified and suitable to serve (NRS 159.0615(1)). The master must submit a recommendation to the court within 5 calendar days after that hearing (NRS 159.0615(2)).

The court or master may allow a parent or other relative, teacher, friend, neighbor or other interested person to testify on who should serve if that person has a personal interest in the proposed protected person’s well-being or has relevant information (NRS 159.0617).

Naming Your Own Guardian in Advance

An adult can request in advance who should serve as his or her guardian if one is ever needed. A person may do this in a power of attorney for a guardian of the estate under NRS 162A.250, in a power of attorney for health care for a guardian of the person under NRS 162A.800, or by completing a request to nominate a guardian form (NRS 159.0753(1)).

A request to nominate a guardian form must be (NRS 159.0753(2)):

Signed by the person making the request;
Signed by two impartial adult witnesses who have no interest, financial or otherwise, in that person’s estate and who attest that the person has the mental capacity to understand and sign the form; and
Notarized.

The statute includes a sample form that lets the person choose a guardian of the person, of the estate, or both, name a first choice and a backup, and state that he or she does not want any private, for-profit guardian to serve (NRS 159.0753(3)). The Secretary of State must make the form available on its website (NRS 159.0753(4)).

A parent or spouse of a person who is incapacitated or of limited capacity may also nominate a guardian by will (NRS 159.062). The person nominated must still file a petition and obtain an appointment from the court before acting as guardian (NRS 159.062). For other planning tools, see Alternatives to Guardianship.

Guardians Who Live Outside Nevada

The court may appoint a nominated person, relative or other candidate who does not live in Nevada (NRS 159.0613(5)). The court may not prefer a Nevada resident over a nonresident if it determines the nonresident is more qualified and suitable and that distance will not affect the quality of the guardianship or the guardian’s ability to make decisions and respond quickly, because (NRS 159.0613(5)):

A person or care provider in Nevada is providing continuing care and supervision;
The protected person is in a secured residential long-term care facility in Nevada; or
Within 30 days after the appointment, the guardian will move to Nevada or the protected person will move to the guardian’s state.

If a nonresident is appointed, the jurisdictional requirements of NRS 159.1991 to 159.2029 must be met, and the court must order the guardian to designate a registered agent in Nevada and give the court notice of that designation (NRS 159.0613(6)(a)-(b)). The court may also require the guardian to complete training on topics such as the guardian’s legal duties, record keeping and annual reports, and the rights of the protected person (NRS 159.0613(6)(c)).

When No Family Member or Nominee Is Suitable

If the court finds there is no suitable nominated person, relative or other listed candidate, the court may appoint (NRS 159.0613(7)):

The public guardian of the county where the protected person lives, if that county has a public guardian and the protected person qualifies under chapter 253 of NRS;
A private fiduciary who can obtain a bond in Nevada and is a Nevada resident, if the court finds this will serve the protected person’s interests appropriately; or
A private professional guardian who meets the requirements of NRS 159.0595 or 159A.0595.

Private Professional Guardians

A “private professional guardian” is a person who is paid to serve as guardian for three or more protected persons who are not related to the guardian by blood or marriage and who meets the requirements of NRS 159.0595 (NRS 159.024(1)). The term does not include a governmental agency or a public guardian (NRS 159.024(3)).

To serve as a private professional guardian, a person must be either (NRS 159.0595(1)):

A natural person who is a certified guardian and is employed by an entity licensed under chapter 628B of NRS, unless the entity is exempt from licensing; or
An entity that is qualified to serve under NRS 159.0613, holds a chapter 628B license unless exempt, and has a certified private professional guardian involved in its day-to-day operation or management.

A “certified guardian” is one certified by the Center for Guardianship Certification or any successor organization (NRS 159.0595(3)(a)). A petition naming a private professional guardian must include proof that the guardian meets these requirements. A petition naming anyone else must include a statement that the proposed guardian is not currently being paid to serve as guardian for more than one unrelated protected person (NRS 159.044(2)(f)).

Who Is Disqualified

A person is not qualified to be appointed while he or she is suspended for misconduct or disbarred from the practice of law, the practice of accounting, or any other licensed profession that involves or may involve managing or selling money, investments, securities or real property (NRS 159.0613(8)). The disqualification applies only during the suspension or disbarment (NRS 159.0613(8)).

The petition asking for a guardian must also disclose, to the extent the petitioner knows or can reasonably find out, whether the proposed guardian has ever been convicted of a felony and whether the proposed guardian has filed for or received bankruptcy protection within the preceding 7 years (NRS 159.044(2)(h), (s)).

Problems That Arise After Appointment

A guardian must immediately inform the court if, after appointment, he or she (NRS 159.1852):

Is convicted of a gross misdemeanor or felony in any state;
Files for or receives federal bankruptcy protection as an individual or as a principal of any entity;
Has a driver’s license suspended, revoked or cancelled for nonpayment of child support;
Is suspended for misconduct or disbarred from law, accounting or certain other professions; or
Has a judgment entered against him or her for misappropriating funds or assets in any state.

The court may then remove the guardian and appoint a successor, unless it finds that letting the guardian continue is in the protected person’s best interest (NRS 159.1852). The court may also remove a guardian who is no longer qualified under NRS 159.0613, who has filed for bankruptcy within the previous 5 years, or who is a private professional guardian no longer qualified under NRS 159.0595 or 159A.0595 (NRS 159.185(1)(b), (c), (k)). See Changing or Ending a Guardianship.

Steps Before a Guardian Can Act

As a condition of appointment, the court may require the guardian to complete any available guardianship training the court determines appropriate (NRS 159.0592). The court may also require a proposed guardian to file a proposed preliminary care plan and budget (NRS 159.0445).

Before starting as guardian and before letters of guardianship may issue, every guardian must (NRS 159.073(1)):

Take and sign the official oath stating that he or she will well and faithfully perform the duties of guardian according to law;
File documents that include the guardian’s full legal name and residence and post office addresses; and
Except for a public or private professional guardian the court has allowed to file a general acknowledgment instead, file a verified acknowledgment of a guardian’s duties and responsibilities (NRS 159.073(1)(c), (2)).

Once the guardian has taken the oath and filed a bond as provided in chapter 159, the court must order letters of guardianship to issue (NRS 159.075). Bond rules are covered in Appointment and Bond for a Guardian of the Estate. A copy of the appointment order must be served on the protected person, personally or by mail, within 5 days after the appointment (NRS 159.074(1)).

Co-Guardians, Successors and Substitutes

As noted above, the court may appoint two or more qualified nominated persons as co-guardians (NRS 159.0613(3)). The court may also appoint a successor guardian at any time, to serve either immediately or when a designated event occurs (NRS 159.1871(1)). Anyone entitled to petition for a guardian under NRS 159.044 may petition for a successor guardian (NRS 159.1871(2)).

A successor named to serve upon a designated event may act only after the event occurs, the successor has taken the oath and filed a bond, and letters have issued (NRS 159.1871(3)). A successor has the predecessor’s powers unless the court provides otherwise (NRS 159.1871(4)). When a guardian dies or is removed, the court may appoint another guardian in the same manner and subject to the same requirements as an original appointment (NRS 159.187(1)).

The court may appoint a temporary substitute guardian for up to 6 months if a removal proceeding is pending, or if a guardian is not effectively performing and the protected person’s welfare requires immediate action (NRS 159.1845(1)). While the substitute has authority, the existing guardian’s authority is suspended (NRS 159.1845(2)).

How I Can Help

I help families work through who should serve as guardian, including reviewing nominations and powers of attorney, preparing a request to nominate a guardian, and presenting a proposed guardian’s qualifications to the court. I also assist guardians who need to report a change in circumstances or arrange for a successor. 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.