Duties of a Guardian of the Person in Nevada
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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 4 of 8: Guardian Duties
A guardian of the person in Nevada is responsible for the day-to-day well-being of an adult the court has placed under guardianship, called the “protected person.” Except as the court otherwise orders, a guardian of the person has the care, custody and control of the protected person and must perform the duties necessary for his or her proper care, maintenance, education and support (NRS 159.079(1)).
A guardian of the person and estate has the authority and duties of both roles (NRS 159.077). This page covers personal duties. Money and property duties are explained in Managing the Estate.
Core Duties of a Guardian of the Person
The duties of a guardian of the person include, without limitation (NRS 159.079(1)):
- Supplying food, clothing, shelter and all incidental necessaries, including locating an appropriate residence based on the protected person’s finances and needs, including medical and care needs (NRS 159.079(1)(a)).
- Taking reasonable care of the protected person’s clothing, furniture, vehicles and other personal effects, and starting a proceeding if any of his or her property needs protection (NRS 159.079(1)(b)).
- Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment (NRS 159.079(1)(c)).
- Seeing that the protected person is properly trained and educated and has the opportunity to learn a trade, occupation or profession (NRS 159.079(1)(d)).
In carrying out these duties, the guardian must give due regard to the size of the protected person’s estate (NRS 159.079(2)). A guardian of the person is not required to spend his or her own money except to the extent the protected person’s estate is sufficient to reimburse the guardian (NRS 159.079(2)).
Before letters of guardianship issue, each guardian generally must file a verified acknowledgment summarizing a guardian’s duties (NRS 159.073(1)(c)). That summary must include the duty to act in the protected person’s best interest at all times and to provide needed care and treatment, adequate food and clothing, and safe and appropriate housing (NRS 159.073(1)(c)(1)).
Medical Care and Health Information
A guardian of the person is the protected person’s personal representative for purposes of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (NRS 159.079(3)). The guardian may obtain information about the protected person’s health care or health insurance from any government agency, medical provider, business, creditor or third party who has it (NRS 159.079(3)).
Some medical decisions require court approval first:
- Experimental treatment and experiments. A guardian may not consent to experimental medical, biomedical or behavioral treatment, or to participation in a biomedical or behavioral experiment, without first obtaining court authority (NRS 159.0805(1)-(2)). The court may grant authority only if the treatment or experiment is of direct benefit to and intended to preserve the protected person’s life or prevent serious impairment to his or her mental or physical health, or is intended to help the protected person develop or regain abilities (NRS 159.0805(3)).
- Sterilization. A guardian may not consent to sterilization without applying for and obtaining court authority (NRS 159.0806(1)). Unless already appointed, the court must appoint an attorney and a guardian ad litem for the protected person, hold a full evidentiary hearing, and find by clear and convincing evidence that sterilization is in the protected person’s best interest, after considering whether less irrevocable and intrusive means of contraception would be suitable (NRS 159.0806(2)-(4)).
Effect on a Health Care Power of Attorney
If a court appoints a guardian of the person after the protected person properly signed a durable power of attorney for health care, that power of attorney is suspended and the agent cannot act unless the court terminates the guardianship and the power of attorney has not otherwise ended (NRS 162A.800(3)). If the power of attorney for health care was nondurable, it terminates, but the guardian must follow any provisions in it describing the protected person’s wishes for medical and end-of-life care (NRS 162A.800(2)). See Alternatives to Guardianship.
Where the Protected Person Lives
Every protected person has the right, if possible, to have his or her preferences followed and to age in his or her own surroundings or, if that is not possible, in the least restrictive environment suitable to his or her unique needs and abilities (NRS 159.0807(1)). A proposed protected person generally must not be moved until a guardian is appointed (NRS 159.0807(2)).
Subject to the notice rules below, a guardian of the person may establish and change the protected person’s residence anywhere in Nevada (NRS 159.079(4)). The guardian must select the least restrictive appropriate residence that is available, necessary to meet the protected person’s needs, and financially feasible (NRS 159.079(4)).
To move the protected person outside Nevada, the guardian must petition the court and show that the out-of-state placement is in the protected person’s best interest or that no appropriate residence is available in Nevada (NRS 159.079(5)). The court keeps jurisdiction unless the guardian files for termination or the guardianship is transferred to the other state (NRS 159.079(5)).
Notice of Moves and Admissions
Except as otherwise provided, the guardian must notify all interested persons if the protected person is admitted to a residential long-term care facility, changes residence (including between facilities), or is admitted to a hospital or temporarily placed in a rehabilitation facility (NRS 159.0807(3)).
Before moving the protected person to a higher level of care, the guardian must file a notice of intent with the court and serve it on all interested persons at least 10 days before the move (NRS 159.0807(4)). That advance notice is not required if (NRS 159.0807(4)(a)-(c)):
- An emergency condition exists, such as a risk of imminent harm to health or safety, and the protected person will be unable to return home for more than 24 hours;
- The move is made on the written recommendation of a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker, or an employee of a county or state office for protective services; or
- The move results from admission to a hospital or rehabilitation facility.
In an emergency, the guardian may take temporary action without court permission but must file and serve notice as soon as practicable afterward (NRS 159.0807(5)). If no interested person objects within 10 days after receiving notice, the guardian may make the move without court permission, and must file a notice of change of address as soon as practicable after a permanent placement is established (NRS 159.0807(6)).
Before moving a protected person to or placing him or her in a secured residential long-term care facility, the guardian must file a notice of intent with the court, unless the facility is in Nevada and an emergency exists, the court already granted that authority at appointment, or the move follows a qualifying written recommendation (NRS 159.079(6)). A “secured residential long-term care facility” is one designed to keep residents from leaving, through locks or other mechanical means, unless accompanied by authorized staff or another authorized person (NRS 159.0255(1)).
Notices under these rules must generally include the protected person’s current location (NRS 159.0807(7)). The guardian must not give contact information to an interested person or person of natural affection against whom an order of protection has been issued on the protected person’s behalf (NRS 159.0807(7)). Notice is not required to a person who says in writing that he or she does not want it, or where the protected person or a court order has expressly prohibited it (NRS 159.0807(8)).
Notice of Serious Illness or Death
Except as provided in NRS 159.0807, a guardian must immediately notify all interested persons and persons of natural affection (NRS 159.0809(1)):
- If the guardian reasonably believes, based on information from the protected person’s psychologist, physician or other health care provider or another person qualified to give that medical opinion, that the protected person’s death is likely within the next 30 days;
- Upon the protected person’s death; and
- Upon obtaining any information about the protected person’s burial or cremation.
A “person of natural affection” is someone who is not a family member but has a relationship with the protected person similar to a family relationship (NRS 159.0235). Notice of death must be given in person or by telephone to family members (or, if there are none or no relationship with them, to the designated person of natural affection), electronically to anyone who opted for that, and in writing to everyone else (NRS 159.0809(2)). The guardian must also notify the court, all interested parties, the trustee, and the named executor or appointed personal representative within 30 days after the death (NRS 159.191(5)).
Reports to the Court
A guardian of the person must file a written report on the protected person’s condition and on the guardian’s exercise of authority and performance of duties (NRS 159.081(1)):
| Report | When Due | NRS |
|---|---|---|
| Annual report | Not later than 60 days after the anniversary date of the guardian’s appointment | 159.081(1)(a) |
| Report after move to a secured residential long-term care facility | Within 10 days of the move | 159.081(1)(b) |
| Other reports | When the court orders | 159.081(1)(c) |
| Copy to guardian of the estate, if any | Not later than 30 days after each report is filed | 159.081(4) |
Each report must include, without limitation, the protected person’s physical condition and place of residence, the names of others living with him or her (unless the protected person lives in a listed type of care facility), an explanation of why less restrictive alternatives to guardianship are not being considered, and anything else the court requires (NRS 159.081(3)). The court may prescribe the report form (NRS 159.081(3)).
A report after a move to a secured facility must include a copy of the written recommendation for the transfer and generally must be served on the protected person and his or her attorney (NRS 159.081(2)). The court may waive service on the protected person if service would be detrimental to his or her physical or mental health (NRS 159.081(6)).
If a guardian makes a substantial misstatement in a report, or willfully fails to file a required report after written notice from the court and a 2-month grace period, the court may impose a penalty of up to $5,000, paid by the guardian and not by the estate (NRS 159.345).
Actions That Need Court Approval
| Action | NRS |
|---|---|
| Consenting to experimental treatment or experiments | 159.0805 |
| Consenting to sterilization | 159.0806 |
| Moving the protected person’s residence outside Nevada | 159.079(5) |
| Making or changing the protected person’s will, changing beneficiary designations (with limited exceptions), creating a trust of estate property, or revoking or modifying a revocable trust | 159.078(1) |
Estate-planning and property actions are discussed further in Property Transactions.
Special Guardians
A “special guardian” is a guardian of a person of limited capacity, meaning an adult who can make some but not all of the decisions needed for his or her own care and property (NRS 159.026; NRS 159.022). A special guardian must exercise supervisory authority in the manner least restrictive of the protected person’s personal freedom that is consistent with his or her need for supervision and protection (NRS 159.0795(1)).
A special guardian has the powers set out in the appointment order and any other powers given in an emergency that are necessary to resolve the emergency or protect the protected person from imminent harm (NRS 159.0795(2)). Except in an emergency, a special guardian of a person of limited capacity must apply to the court for instruction or approval before beginning any act relating to that person (NRS 159.0801(1)). See Types of Guardianship.
When There Is No Guardian of the Estate
If no guardian of the estate has been appointed, a guardian of the person may start proceedings to make anyone with a duty to support the protected person perform that duty (NRS 159.112(1)(a)). The guardian may also receive money and property deliverable to the protected person and use it for his or her support, care and education, and must take care to conserve any excess (NRS 159.112(1)(b)).
The guardian may not use the protected person’s money for room and board that the guardian or the guardian’s spouse, parent or child provides unless a court order approves the charge after notice to at least one adult relative in the nearest degree of consanguinity (blood relationship) to the protected person (NRS 159.112(1)(b)). If a guardian of the estate is appointed, excess money must be paid over to that guardian, and the guardian of the person must account for money spent (NRS 159.112(2)).
Contact With Family and Friends
A guardian generally may not restrict a protected person’s communication, visits or interaction with a parent, child, sibling or person of natural affection, except in limited situations set out in the statute (NRS 159.332(1)). These rules, and the rest of the protected person’s rights, are explained in Protected Persons’ Rights.
If a Guardian Falls Short
If a guardian violates any right of a protected person set out in chapter 159, the court may take any appropriate action, including ordering actions taken or stopped, disallowing the guardian’s fees, ordering compensation after notice and a hearing, or removing the guardian (NRS 159.346(1)). If the conduct is deliberately harmful, fraudulent or malicious, the court may also impose twice the actual damages plus attorney’s fees and costs (NRS 159.346(2)).
The court may remove a guardian who negligently fails to perform a duty and the negligence caused or was substantially likely to cause injury, or who intentionally fails to perform any duty, regardless of injury (NRS 159.185(1)(e)-(f)). See Changing or Ending a Guardianship.
How I Can Help
I advise guardians on what the law requires of them, from annual reports and notices of moves to petitions for court approval of medical or residential decisions. I also help family members who have concerns about how a guardian is carrying out these duties. 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.