Changing or Ending a Guardianship in Nevada
Nevada Legal GuidesChange state: 
Idaho
California
ImmigrationPart 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 8 of 8: Changing or Ending
The court can change a Nevada guardianship, replace the guardian, accept a guardian’s resignation, move the case to another state, or end the guardianship altogether. The rules for adults discussed here are in Chapter 159 of NRS, and the rules for minors are in Chapter 159A. They are similar but not identical.
Under the Protected Persons’ Bill of Rights, a protected person has the right to ask the court to continually review the need for a guardianship, modify or terminate it, replace the guardian, and enter an order restoring his or her capacity at the earliest possible time (NRS 159.328(1)(s)). This page explains how those requests work, and what a guardian must do when a guardianship ends.
Petition to Modify or Terminate a Guardianship
The protected person, the guardian or another person may petition the court to terminate or modify a guardianship (NRS 159.1905(1); NRS 159A.1905(1)). The petition must include, among other things, the petitioner’s relationship to the protected person, the reason for the request, whether it concerns the person, the estate or both, and a description and value of the remaining property and its proposed disposition (NRS 159.1905(1); NRS 159A.1905(1)).
Adult Guardianships
When the petition is filed, the court must appoint an attorney for the protected person if he or she cannot retain one, or if the court decides an appointment is necessary to protect the person’s interests (NRS 159.1905(2)). The petitioner must prove by clear and convincing evidence either (NRS 159.1905(3)):
- That the termination or modification is in the protected person’s best interests; or
- That the protected person has entered into a less restrictive alternative to guardianship in place of the guardianship being terminated.
Less restrictive alternatives include durable powers of attorney for financial matters and for health care, and supported decision-making agreements (NRS 159.0215). See Alternatives to Guardianship. The court issues a citation to the guardian and all interested persons to appear and show cause why the request should not be granted (NRS 159.1905(4)).
If the court finds a petition was not filed in good faith or in the protected person’s best interests, it may bar the petitioner from seeking attorney’s fees from the estate and impose sanctions to reimburse the estate’s expenses and losses (NRS 159.1905(5)).
Minor Guardianships
For a minor, the court must appoint an attorney for the child if it determines the appointment is necessary to protect the child’s interests (NRS 159A.1905(2)). Except as provided in NRS 159A.1915 for a parent’s petition, the petitioner must prove by clear and convincing evidence that the change is in the child’s best interests (NRS 159A.1905(3)). The court serves the citation on the guardian and petitioner, and the petitioner serves it on all interested persons (NRS 159A.1905(4)).
When a parent petitions to end a minor’s guardianship before the child is emancipated, the court must consider whether there has been a material change of circumstances, whether the parent has been restored to suitability, and whether ending the guardianship is in the child’s best interests (NRS 159A.1915(1)). In weighing best interests, the court must consider factors such as abandonment or neglect by the parent, the parent’s involvement since the appointment, the child’s bond with the guardian, the effect on the child’s education, and the child’s wishes, including any request for graduated visitation or therapeutic reunification (NRS 159A.1915(2)). More on minors is in Guardianship of Minors.
When a Guardianship Ends
| Type | Ends when | NRS |
|---|---|---|
| Adult, guardian of the person | The protected person dies; the person’s domicile changes to another state and jurisdiction transfers there; or the court determines the guardianship is no longer necessary | 159.191(1) |
| Guardian of the estate (adult) | The court removes the guardian or accepts a resignation and does not appoint a successor; the court finds the guardianship not necessary and orders it ended; or the protected person dies, subject to winding up | 159.191(3) |
| Minor (person, estate or both) | Death; change of domicile out of Nevada with transfer of jurisdiction; court order that it is no longer necessary; or the child’s 18th birthday | 159A.191(1)(a)-(d) |
| Minor, extended by consent | High school graduation or age 19, whichever is sooner, if the child will be over 18 at graduation and consents are filed at least 14 days before the 18th birthday | 159A.191(1)(e) |
| Special immigrant juvenile appointment | Age 21, unless the court grants the protected person’s earlier petition to end it | 159.191(2); 159A.191(2) |
If a guardianship covers both person and estate, the court may end it as to the person, the estate, or both (NRS 159.191(4); NRS 159A.191(4)). The guardian must notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the protected person’s death within 30 days after the death (NRS 159.191(5); NRS 159A.191(5)).
Removing a Guardian
The court may remove a guardian of an adult if it determines that, among other grounds (NRS 159.185(1)):
- The guardian has become mentally incapacitated, unsuitable or otherwise incapable of performing a guardian’s duties;
- The guardian is no longer qualified under NRS 159.0613;
- The guardian filed for bankruptcy within the previous 5 years;
- A guardian of the estate has mismanaged the estate;
- The guardian negligently failed to perform a duty, and the negligence caused injury or was substantially likely to cause injury;
- The guardian intentionally failed to perform a duty, regardless of injury;
- The guardian violated a right of the protected person set out in Chapter 159, or violated the rules on communication and visitation with relatives in NRS 159.331 to 159.338 or a related court order;
- The protected person’s best interests will be served by appointing someone else; or
- A private professional guardian is no longer qualified as one.
A guardian may not be removed if the only reason is a lack of money to pay the guardian’s compensation and expenses (NRS 159.185(2)). The grounds for removing a minor’s guardian are similar (NRS 159A.185). For a minor, the court may not remove the guardian or appoint another person unless it finds that doing so is in the child’s best interests, except when the guardian has petitioned to resign (NRS 159A.186(1), (3)).
Who May Petition and What Happens Next
For an adult, the protected person, the spouse, any relative within the second degree of consanguinity, a public guardian, or any other interested person may petition for removal (NRS 159.1853(1)). For a minor, the list includes the child, relatives within the second degree of consanguinity, the child’s attorney, an agency which provides child welfare services, or any other interested person (NRS 159A.1853(1)).
The petition must state the reasons with particularity and show cause for removal (NRS 159.1853(2); NRS 159A.1853(2)). If a petition is denied, a new one may not be filed unless a material change of circumstances warrants it (NRS 159.1853(3); NRS 159A.1853(3)).
The court issues a citation requiring the guardian to appear and show cause why he or she should not be removed (NRS 159.1855(1)-(2)). If the protected person or estate may suffer loss or injury during the time needed to serve the citation, the court may suspend the guardian’s powers with a 30-day temporary restraining order or injunction, require the guardian to surrender the protected person to a temporary guardian for up to 30 days, and require the guardian to surrender the estate’s assets to a temporary guardian or the public guardian until the hearing (NRS 159.1855(3)). The same interim steps are available for a minor (NRS 159A.1855(3)).
If the guardian fails to appear, the court may hold the guardian in contempt, order an appearance, issue a bench warrant, or find that the guardian caused harm and issue an order accordingly (NRS 159.1857).
A Guardian’s Duty to Self-Report
A guardian of an adult must immediately inform the court if, after appointment, he or she is convicted of a gross misdemeanor or felony, files for or receives bankruptcy protection, has a driver’s license suspended, revoked or cancelled for nonpayment of child support, is suspended or disbarred from certain professions, or has a judgment entered for misappropriation of funds or assets (NRS 159.1852). The court may then remove the guardian and appoint a successor, unless it finds that keeping the guardian is in the protected person’s best interest (NRS 159.1852). A similar rule applies to a minor’s guardian, including when the guardian is being investigated for child abuse or neglect (NRS 159A.1852).
Temporary Substitute and Successor Guardians
The court may appoint a temporary substitute guardian for up to 6 months if a removal proceeding is pending, or if the guardian is not effectively performing and the protected person’s welfare requires immediate action (NRS 159.1845(1); NRS 159A.1845(1)). The existing guardian’s authority is suspended while the substitute has authority, and the court must give notice of the appointment within 5 days (NRS 159.1845(2)-(3); NRS 159A.1845(2)-(3)).
When a guardian dies or is removed, the court may appoint another guardian in the same manner as an original appointment (NRS 159.187(1); NRS 159A.187(1)). The court may also appoint a successor at any time to serve immediately or when a designated event occurs (NRS 159.1871(1); NRS 159A.1871(1)). For a minor, if a guardian dies or is removed and no legally qualified guardian or temporary substitute guardian is willing to serve, the court must notify an agency which provides child welfare services (NRS 159A.187(3)).
Resignation of a Guardian
A guardian may file a petition tendering his or her resignation (NRS 159.1873(1); NRS 159A.1873(1)). Before approving the resignation of a guardian of the person, the court must appoint a successor, though it may approve one co-guardian’s resignation if the remaining guardians are qualified to act alone (NRS 159.1875; NRS 159A.1875). A resigning guardian of the estate must submit an accounting through the end of the term on the hearing date, and the court may impose sanctions if it is not filed (NRS 159.1877(1)-(2); NRS 159A.1877(1)-(2)).
Winding Up and Discharge
After a guardianship ends, the guardian of the estate may keep the property already under his or her control and wind up the guardianship’s affairs. This generally may last no more than 180 days after termination, or a reasonable and necessary period set by the court (NRS 159.193(1)(a)).
The period is no more than 90 days after a personal representative or successor trustee is appointed for a deceased protected person, and for a successor trustee, only on the trustee’s request. With court approval, the guardian may hold the property longer while awaiting certification that the guardian has no further liability for taxes on the estate (NRS 159.193(1)(b)-(d)).
The guardian must then deliver the property to the protected person, the personal representative or the successor guardian, and obtain a receipt (NRS 159.197(1)). Once the guardian files receipts and vouchers showing compliance, the court must enter an order discharging the guardian and exonerating the bond (NRS 159.199(1)).
A guardian remains liable for his or her term until the discharge order is entered and filed (NRS 159.199(2)). A guardian must keep all records and documents for at least 7 years after the court terminates the guardianship, and all financial records for at least 7 years after the last financial transaction (NRS 159.19905).
The minor-guardianship rules are parallel (NRS 159A.193; NRS 159A.197; NRS 159A.199; NRS 159A.19905). Final accountings are covered in Accountings and Oversight.
Moving a Guardianship Between States
Transferring Out of Nevada
A Nevada guardian may petition to transfer the guardianship to another state, with notice to those who would be entitled to notice of an original petition (NRS 159.2023(1)). The court must provisionally grant the transfer if the protected person is physically present in, or reasonably expected to move permanently to, the other state; no objection is made or the objector does not show the transfer is contrary to the person’s interests; and the plans for care and services in the other state are reasonable and sufficient (NRS 159.2023(2)).
For a minor, the objection and care-plan tests turn on the child’s best interests (NRS 159A.2023(2)). A final order confirms the transfer and ends the Nevada guardianship once a termination petition is filed and the other state provisionally accepts the case (NRS 159.2023(3); NRS 159A.2023(3)).
Transferring Into Nevada
To move an adult guardianship or conservatorship from another state to Nevada, the guardian or other interested party must petition a Nevada court. The petition must include the other state’s provisional transfer order, proof that the protected person is physically present in, or reasonably expected to move permanently to, Nevada, proof that less restrictive alternatives were considered, and an explanation of why they are not reasonable alternatives (NRS 159.2024(1)).
The court may deny the petition if less restrictive alternatives were not considered in either state (NRS 159.2024(6)). Within 90 days after the final order accepting the transfer, the court must decide whether the guardianship needs to be modified to conform to Nevada law (NRS 159.2024(4)).
Registering an Out-of-State Order
If a guardian was appointed in another state and no Nevada guardianship petition is pending, that guardian may, after notifying the appointing court, register the order in Nevada by filing certified copies of the order and letters and a copy of photo identification in a sealed envelope (NRS 159.2025). Once registered, the guardian may exercise in Nevada the powers in the order, except as prohibited by Nevada law (NRS 159.2027(1)). For minors, registration is by petition followed by a citation and hearing, and a Nevada court must recognize and enforce, but may not modify, a registered order (NRS 159A.2025; NRS 159A.2027(3)).
Veterans’ Guardianships
Nevada’s Uniform Veterans’ Guardianship Act applies when federal law or Department of Veterans Affairs regulations require a guardian to be appointed before benefits are paid (NRS 160.030). If a guardian fails to file an account of money received from the Department of Veterans Affairs within 30 days after the court or the Department requires it, or fails to furnish the Department copies of the accounts, that failure is grounds for removal (NRS 160.110).
When a minor ward reaches majority, and, if incompetent, is declared competent by the Department of Veterans Affairs and the court, or when an adult ward is declared competent by both, the guardian must be discharged on petition after a satisfactory accounting (NRS 160.170). More about veterans’ guardianship estates is in Special Situations.
Appeals
An appeal may be taken within 30 days after notice of entry of an order granting or denying a petition to modify or terminate a guardianship, or to remove a guardian or appoint a successor, among other orders (NRS 159.375(8)-(9); NRS 159A.375(8)-(9)).
How I Can Help
I represent protected persons, parents, family members and guardians in Nevada proceedings to modify or end a guardianship, remove or replace a guardian, or approve a resignation. I also help guardians wind up a guardianship and obtain a discharge, and I handle transfers and registrations of guardianships between Nevada and other states. 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.