Special Situations in Nevada Guardianship of the Estate: Military, Veterans, Out-of-State Guardians and Fiduciary Transfers
Nevada Legal GuidesChange state: 
Idaho
California
ImmigrationPart of my Nevada Guardianship of the Estate 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, 161, 162 and 167 (current through the 2025 legislative session)
In This GuideNevada Guardianship of the EstateTopic 6 of 6: Special Situations
Nevada’s main guardianship statutes are chapter 159 (guardianship of adults) and chapter 159A (guardianship of minors) of the Nevada Revised Statutes (NRS). A few situations have their own rules. This page covers conservators for missing members of the Armed Forces, guardians for beneficiaries of the U.S. Department of Veterans Affairs, guardians appointed in other states, recovering property someone has hidden or taken, and how banks and transfer agents deal with guardians and other fiduciaries.
For the general rules on managing an estate, see Managing the Estate.
Conservators for Missing Armed Forces Members and Merchant Seamen
Chapter 161 uses the word conservator for the person a court appoints to take charge of the property of an absentee: a person serving in or with the U.S. Armed Forces, or serving as a merchant seaman, who has been reported missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy (NRS 161.010).
A conservator may be appointed if the absentee has an interest in property in Nevada or is a legal resident of Nevada, and has not provided an adequate power of attorney authorizing someone to act for him or her regarding that property (NRS 161.010). The petition goes to the district court of the county of the absentee’s legal domicile or where the property is located (NRS 161.010).
- Who may start it. Any person who would have an interest in the absentee’s property if the absentee were deceased may petition, or the court may act on its own motion (NRS 161.010).
- Notice. Notice must go to the absentee’s heirs and next of kin as provided by law for administering an estate, or proper waivers must be received (NRS 161.010).
- Decision. On good cause shown and after finding the required facts, the court may appoint a conservator to take charge of the absentee’s estate, under the court’s supervision (NRS 161.010).
The court has full discretion to appoint any suitable person, and may require a surety bond and any reports it considers necessary (NRS 161.020(1)). The conservator has the same powers as the guardian of the property of an infant or a person adjudicated incompetent, and is considered an officer or arm of the court (NRS 161.020(2)).
The court must end the conservatorship and deliver the property to the absentee or the designated attorney-in-fact on a petition signed by the absentee, or by an attorney-in-fact acting under an adequate power of attorney from the absentee (NRS 161.030(1)). If the absentee has died and an executor or administrator has been appointed, the court must end the conservatorship and deliver the property to that executor or administrator (NRS 161.030(2)).
Guardians for Veterans Affairs Beneficiaries
Nevada’s Uniform Veterans’ Guardianship Act, chapter 160, applies when federal law or a Department of Veterans Affairs regulation requires a guardian to be appointed before benefits are paid (NRS 160.030). The chapter calls the beneficiary a ward (NRS 160.020(6)). Under this chapter, the “estate” includes only money the guardian receives from the Department of Veterans Affairs and the earnings, interest and profits from it (NRS 160.020(3)). The chapter applies only to beneficiaries of the Department of Veterans Affairs (NRS 160.180).
Appointment
A petition may be filed by or for any person entitled to priority of appointment under existing law (NRS 160.050(1)). If there is no such person, or that person does not file within 30 days after the Department of Veterans Affairs mails notice that a guardian is needed, any responsible person residing in Nevada may petition (NRS 160.050(1)).
The petition must include, among other things, the ward’s entitlement to money from the Department of Veterans Affairs, the amount now due and probable future payments (NRS 160.050(2)-(3)). For a mentally incompetent ward, the petition must show that the Department of Veterans Affairs has rated the ward incompetent (NRS 160.050(4)). A certificate from the Secretary of Veterans Affairs or a representative, stating the minor ward’s age or the ward’s incompetency rating and that appointing a guardian is a condition of paying money due, is prima facie evidence that a guardian is needed (NRS 160.060, 160.070).
Before appointing anyone, the court must be satisfied that the person is fit and proper (NRS 160.090(1)). Except as that section provides, it is unlawful for a person to accept appointment as guardian of a ward if he or she is already acting as guardian for five wards (NRS 160.040(1)). This limit does not apply to a bank or trust company acting for the wards’ estates only, to an individual whose wards are all members of the same family, or to a public guardian (NRS 160.040(2)-(4)).
Key Rules for Veterans’ Guardians
| Topic | Rule | NRS |
|---|---|---|
| Bond | Generally at least the value of the estate’s personal property plus anticipated annual income, with premiums paid from the estate. No bond for a banking corporation or trust company doing business in Nevada that is appointed guardian of the estate, unless the court orders one. The bond is reduced by amounts the court orders kept on deposit in a bank or trust company and not withdrawn without court authorization. | 160.090(2)-(4) |
| Annual account | Filed on the anniversary date of appointment, under oath, showing all money received from the Department of Veterans Affairs, all disbursements, and the balance and how it is invested | 160.100(1) |
| Copy to the VA and hearing | A certified copy goes to the Department of Veterans Affairs office for the area. The court sets a hearing 15 to 30 days after filing, with at least 15 days’ notice to that office. | 160.100(2) |
| Failure to account | Failing to file within 30 days after an account is required, or failing to send the required copies, is grounds for removal | 160.110 |
| Compensation | No more than 5 percent of the ward’s income in any year. The court may allow more for extraordinary services after a petition, hearing and notice to the VA office. No compensation on the corpus received from a preceding guardian. | 160.120 |
| Investments | In a manner or securities allowed by law or approved by the court, in which the guardian has no interest | 160.130 |
| Support of others | No part of the estate may be used to support anyone other than the ward except by court order after a hearing with notice to the VA office | 160.140 |
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 a petition after making a satisfactory accounting (NRS 160.170). The general accounting rules under chapter 159 are on the Accountings and Oversight page.
Guardians Appointed in Another State
Under the heading “Transactions Without Guardianship in Nevada,” the statutes allow some dealings with guardians appointed elsewhere. If no Nevada guardian of the estate has been appointed for a nonresident, but the nonresident has a foreign guardian (one appointed elsewhere), a person in Nevada who owes the nonresident a debt may pay it to the foreign guardian (NRS 159.203(1), 159A.203(1)). A Nevada resident holding the nonresident’s removable property may deliver it to the foreign guardian if the property is not subject to a mortgage, pledge, lien or other encumbrance restricting its removal from Nevada (NRS 159.203(1), 159A.203(1)).
The payment or delivery is a release and discharge to the extent of what was paid or delivered (NRS 159.203(1), 159A.203(1)). The court may require the foreign guardian to post a bond like a resident guardian, and may enter orders needed to protect secured creditors and Nevada-resident unsecured creditors (NRS 159.203(2), 159A.203(2)).
A guardian appointed in another state may also register the guardianship order in Nevada if no petition for a guardian is pending here, after giving notice to the appointing court of the intent to register and the reason (NRS 159.2025). For a minor’s guardianship, registration is by petition, and the clerk issues a citation for a hearing (NRS 159A.2025). Once the order is registered, the guardian may exercise in Nevada all powers in the order of appointment except as prohibited by Nevada law (NRS 159.2027(1), 159A.2027(1)). Registration and transfers between states are covered on the Changing or Ending a Guardianship page.
Recovering Hidden or Taken Property
A guardian, interested person, protected person or proposed protected person may petition the court under oath alleging that someone has, or is suspected to have, concealed, taken for his or her own use, conveyed away or otherwise disposed of the protected person’s money or property (NRS 159.305(1)(a)). A petition may also allege that someone has possession or knowledge of a deed, contract or other writing that shows or tends to disclose the protected person’s interest in property or a claim (NRS 159.305(1)(b)). The judge may cite that person to appear and answer under oath (NRS 159.305(1)). Parallel rules apply for minors (NRS 159A.305).
- If the court finds the person took or hid an asset, it may order the asset or its value returned to the guardian of the estate (NRS 159.315(1)(a)).
- If the court finds the person holds a writing showing the protected person’s interest, it may order the asset returned or information given about where it is (NRS 159.315(1)(b)).
- The court may hold in contempt a cited person who refuses to appear or testify, or who does not obey the court’s order (NRS 159.315(2)).
- The order is prima facie evidence of the right to the asset in a later action to recover it, and any judgment in that action must be double the value of the asset, plus damages equal to its value (NRS 159.315(3)).
- If the court finds the person is not liable, it may order the estate to pay that person’s attorney’s fees and costs, or, if the petition was filed unnecessarily or unreasonably, order the petitioner personally to pay them (NRS 159.315(4)).
In a minor’s case, a court that finds the person not liable may order the petitioner personally to pay that person’s attorney’s fees and costs (NRS 159A.315(4)).
Banks, Checks and Securities: Chapter 162
Chapter 162 sets rules for how banks and others deal with fiduciaries. Under the Uniform Fiduciaries Act, “fiduciary” includes a guardian and a conservator, among others (NRS 162.020(1)(b)). Something is done “in good faith” when it is in fact done honestly, even if negligently (NRS 162.020(2)).
- Payments to a guardian. A person who in good faith pays or transfers money or property to a fiduciary who is authorized to receive it is not responsible for how the fiduciary uses it (NRS 162.030).
- Checks on an account. A bank may pay a fiduciary’s check on a fiduciary account, or on the principal’s account when the fiduciary is empowered to draw on it, without liability to the principal unless it has actual knowledge of a breach or acts in bad faith (NRS 162.080, 162.090). But if the check is payable to the bank and delivered to it in payment of, or as security for, the fiduciary’s personal debt to the bank, the bank is liable to the principal if the fiduciary in fact breaches his or her obligation (NRS 162.080, 162.090).
Transferring Securities
Nevada’s Act for Simplification of Fiduciary Security Transfers covers stock, bonds and similar securities registered on a corporation’s books (NRS 162.150, 162.160(6)). Under this act, “fiduciary” includes a guardian, conservator or custodian (NRS 162.160(4)).
A corporation or transfer agent registering a security in a fiduciary’s name does not have to look into the fiduciary relationship (NRS 162.170). Except as the act otherwise provides, when it transfers a security on a fiduciary’s assignment, it may assume without inquiry that the fiduciary is acting within his or her authority and has obtained any required court approval, and it need not examine court records (NRS 162.180). It incurs no liability for acting as the act allows (NRS 162.210).
How I Can Help
I help families petition for conservators when a service member is missing, assist guardians of Veterans Affairs beneficiaries with appointments and accountings, and work with guardians from other states who need to act on Nevada property. I also help guardians and family members bring petitions to recover property that has been hidden or taken. Request a consultation to discuss your situation.
This page provides general information about Nevada guardianship of the estate, 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 these matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.