Alternatives to Guardianship 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 7 of 8: Alternatives

Nevada law recognizes “less restrictive alternatives to guardianship.” By statute, these 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).

This page explains each tool, how it relates to a guardianship case, and what happens to it if a guardian is later appointed. It matters to adults planning for the future, to their families, and to anyone considering a petition for adult guardianship.

How Alternatives Fit Into a Guardianship Case

The adult guardianship statutes build these alternatives into the process at several points:

• A petition to appoint a guardian for an adult must state whether the 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 who the named agents are (NRS 159.044(2)(r)).
• The petition must include an attestation that information on less restrictive alternatives has been given to the proposed protected person (NRS 159.044(2)(t)).
• Before the court makes its findings, the petitioner must give the court a licensed physician’s needs assessment that includes a determination of whether less restrictive alternatives are available and sufficient to support the person’s needs (NRS 159.044(3)).
• A protected person has the right to be educated about less restrictive alternatives to guardianship (NRS 159.328(1)(t)).
• A guardian of the person’s report to the court must include an explanation of why less restrictive alternatives are not being considered in place of the guardianship (NRS 159.081(3)(d)).

Power of Attorney for Financial Matters

A “power of attorney” is a writing or other record that gives an “agent” authority to act in place of the “principal,” the person who grants the authority (NRS 162A.090; NRS 162A.030; NRS 162A.110). Nevada’s Uniform Power of Attorney Act, NRS 162A.200 to 162A.660, applies to all powers of attorney except a few listed types, one of which is a power to make health care decisions (NRS 162A.200).

Durable by Default

“Durable” means the power of attorney is not ended by the principal’s incapacity (NRS 162A.040). A financial power of attorney created under the Act is durable unless it expressly says it ends if the principal becomes incapacitated (NRS 162A.210).

Signing Requirements

The principal must sign, or another individual may sign the principal’s name at the principal’s direction and in the principal’s conscious presence (NRS 162A.220(1)). A signature acknowledged before a notary public or other authorized individual is presumed genuine (NRS 162A.220(1)).

If the principal lives in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care when signing, a certification of competency from an advanced practice registered nurse, physician, psychologist or psychiatrist must be attached (NRS 162A.220(2)). A principal who lives, or is about to live, in a hospital, assisted living facility or facility for skilled nursing generally may not name the facility, its owner or operator, or its employee as agent (NRS 162A.220(3)). Exceptions exist for a spouse, legal guardian or next of kin, and for a narrow Medicaid-eligibility power of attorney (NRS 162A.220(4)-(5)).

When It Takes Effect

A power of attorney is effective when signed unless it says it becomes effective at a future date or on a future event (NRS 162A.260(1)). If it becomes effective on the principal’s incapacity and no one was authorized to decide that, or that person cannot or will not decide, it becomes effective when an advanced practice registered nurse, physician, psychiatrist or licensed psychologist determines in writing that the principal is incapacitated (NRS 162A.260(3)).

What the Agent May Do and Must Do

Some powers require an express grant in the document. These include creating, amending, revoking or terminating an inter vivos trust, making gifts, creating or changing survivorship rights or beneficiary designations, delegating authority, and disclaiming property (NRS 162A.450(1)). Unless the document says otherwise, an agent who is not the principal’s spouse may not use these powers to give the agent, or someone the agent must support, an interest in the principal’s property (NRS 162A.450(2)).

An agent who has accepted the appointment must act in good faith, within the scope of the authority granted, and according to the principal’s reasonable expectations as far as the agent actually knows them, or otherwise in the principal’s best interest (NRS 162A.310(1)). Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest, use care, competence and diligence, and keep records of all receipts, disbursements and transactions (NRS 162A.310(2)).

Unless the power of attorney says otherwise, the principal keeps the authority to act on his or her own behalf. The principal’s decisions override inconsistent decisions of the agent (NRS 162A.460(7)). Nevada provides a statutory form for a durable financial power of attorney (NRS 162A.620).

Getting Third Parties to Accept It

Except in listed situations, a person presented with an acknowledged power of attorney must accept it, or request a certification, translation or opinion of counsel, within 10 business days (NRS 162A.370(1)(a)). If one of those items is requested, the person must accept within 5 business days after receiving it (NRS 162A.370(1)(b)). A person who wrongly refuses may face a court order requiring acceptance and liability for reasonable attorney’s fees and costs (NRS 162A.370(3)).

When It Ends and Court Review

A power of attorney ends when the principal dies or revokes it, when it says it ends, when its limited purpose is accomplished, or, if not durable, when the principal becomes incapacitated (NRS 162A.270(1)). It also ends if the agent’s authority ends and no other agent is provided for (NRS 162A.270(1)(f)). A list of people, including the principal, the agent, a guardian, the principal’s spouse, parent or descendant, and the principal’s caregiver, may ask a court to interpret the power of attorney or review the agent’s conduct (NRS 162A.330(1)).

Durable Power of Attorney for Health Care

Any adult may sign a power of attorney that lets the named agent make health care decisions for the principal if the principal becomes incapable of giving informed consent (NRS 162A.790(1)). Nevada law defines an “advance health-care directive” as a power of attorney for health care (NRS 162A.715).

• Signing: The principal must sign, and the signature must be acknowledged before a notary public or witnessed by two adults (NRS 162A.790(2)). If the principal lives in a nursing home, neither witness may be its owner, operator or employee (NRS 162A.790(3)).
• Out-of-state documents: One signed elsewhere is valid in Nevada if it complied with that jurisdiction’s law or the federal military power of attorney requirements (NRS 162A.790(4)).
• When effective: It is effective when signed unless it says it starts at a future date or on incapacity (NRS 162A.810(1)).
• Who cannot be agent: The principal’s health care provider or its employee, or an operator or employee of a health care facility, unless that person is the principal’s spouse, legal guardian or next of kin (NRS 162A.840).
• Limits on the agent: The agent may not consent to commitment or placement in a facility for treatment of mental illness, convulsive treatment, psychosurgery, sterilization, abortion, aversive intervention, experimental treatment or research, or any treatment the document forbids (NRS 162A.850(1)).
• End-of-life decisions: Decisions about life-sustaining treatment must conform to the principal’s known desires (NRS 162A.850(2)).
• Replacing an old one: Signing a new health care power of attorney automatically revokes any earlier one (NRS 162A.820(5)).

Nevada provides a statutory advance health-care directive form (NRS 162A.855). It also provides separate forms for an adult with an intellectual disability (NRS 162A.865) and for an adult with any form of dementia (NRS 162A.870). A health care provider that accepts an acknowledged health care power of attorney in good faith may rely on it as described in NRS 162A.815.

Supported Decision-Making Agreements

The purpose of Nevada’s Supported Decision-Making Act is to give an adult with a disability person-centered help to gather and assess information, make informed decisions and communicate them. A “supporter” helps the adult make and communicate decisions but does not substitute as the decision-maker (NRS 162C.100(1)). The adult who enters the agreement is called the “principal,” and “adult” means a person 18 or older (NRS 162C.060; NRS 162C.030).

An adult may enter an agreement at any time if he or she does so voluntarily, without coercion or undue influence, and understands its nature and effect (NRS 162C.200(1)). The agreement must (NRS 162C.200(2)):

• Be in writing and dated;
• Name one or more supporters;
• List the types of decisions the supporter may help with, and any the supporter may not help with; and
• Be signed by each party in the presence of at least two adult witnesses.

Either the principal or a supporter may end the agreement at any time, verbally or in writing, with notice to the other parties (NRS 162C.200(3)).

What a Supporter Can and Cannot Do

Unless the agreement says otherwise, a supporter may help the principal understand information and options, obtain relevant records, arrange support services, keep track of the principal’s affairs, and communicate and advocate for the principal’s own decisions (NRS 162C.210(1)). A supporter may not exert undue influence, make decisions for the principal, or obtain or use information beyond the agreement without the principal’s consent (NRS 162C.210(2)). A supporter must act with the care, competence and diligence ordinarily used by people in similar circumstances (NRS 162C.210(3)).

A supporter may help the principal obtain information the principal is entitled to, including protected health information and educational records, and must keep it confidential (NRS 162C.220).

Having a supported decision-making agreement may not be used as evidence that the adult is incapacitated, and it does not stop the adult from acting independently (NRS 162C.300). A decision the principal makes with a supporter’s help must be recognized as the principal’s own decision (NRS 162C.310). A person who accepts the agreement in good faith may rely on it as provided in NRS 162C.320.

Naming a Future Guardian

Even with these tools in place, a guardianship case may still be filed. An adult can influence who would serve:

• In a financial power of attorney, the principal may nominate a guardian of the estate (NRS 162A.250(1)).
• In a health care power of attorney, the principal may nominate a guardian of the person (NRS 162A.800(1)).
• An adult may also sign a statutory “Request to Nominate Guardian” form, which must be signed by the person, signed by two impartial adult witnesses, and notarized (NRS 159.0753(1)-(2)).

The court must give preference to a nominated person or relative, in that order, if the court finds that person qualified and suitable (NRS 159.0613(1)). In choosing the most suitable person, the court may also consider a relative who holds a power of attorney the person signed while not incapacitated, or a relative currently acting as agent (NRS 159.0613(4)(c)). See Who Can Serve as a Guardian.

What Happens to a Power of Attorney If a Guardian Is Appointed

Document	If a guardian is appointed	NRS
Nondurable financial power of attorney	Terminated when a guardian of the estate is appointed	162A.250(2)
Durable financial power of attorney	Suspended when a guardian of the estate is appointed; becomes effective again if the court terminates the guardianship and it has not otherwise ended	162A.250(3)
Nondurable health care power of attorney	Terminated when a guardian of the person is appointed, but the guardian must follow its stated wishes on medical and end-of-life care	162A.800(2)
Durable health care power of attorney	Suspended when a guardian of the person is appointed; becomes effective again if the court terminates the guardianship and it has not otherwise ended	162A.800(3)

Except as provided in NRS 162A.250(3), the court may allow a financial agent to keep specific powers. If it does, the agent must file an accounting with the court and the guardian quarterly or on another schedule the court sets (NRS 162A.250(4)). Money and property management under a guardianship is covered in Managing the Estate.

Using an Alternative to End a Guardianship

A petitioner seeking to end or change an adult guardianship may meet the burden of proof by showing, by clear and convincing evidence, that the protected person has entered into a less restrictive alternative to guardianship in place of the guardianship to be terminated (NRS 159.1905(3)(b)). When a guardianship is transferred to Nevada from another state, the petition must show that less restrictive alternatives were considered and explain why they are not reasonable alternatives (NRS 159.2024(1)(c)-(d)). See Changing or Ending a Guardianship.

How I Can Help

I prepare financial and health care powers of attorney, supported decision-making agreements, and guardian nominations for Nevada clients who want to plan ahead. When a family is weighing a guardianship, I review what documents already exist and explain how Nevada law treats them, and I represent people asking a court to end a guardianship in favor of a less restrictive alternative. 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.