Guardianship of Minors 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 6 of 8: Guardianship of Minors

Chapter 159A of the Nevada Revised Statutes governs court-appointed guardians for children. For this purpose, a “minor” is generally a person under 18 years of age (NRS 159A.023). Once a guardian is appointed, the child is called a “protected minor” (NRS 159A.0251).

A guardian may be appointed over the child’s person, the child’s estate (money and property), or both (NRS 159A.017). This page focuses on guardianship of the person and the court process, and it matters to parents, grandparents, other relatives and family friends caring for a child. Managing a child’s money and property is covered in Minors’ Property.

When a Nevada Court Can Appoint a Guardian for a Minor

A Nevada court may appoint (NRS 159A.0487):

A guardian of the person, estate, or both for a minor whose “home state” is Nevada;
A guardian of the person, or of the person and estate, for a minor physically present in Nevada whose welfare and best interest require it under Chapter 125A of NRS;
A guardian of the person, estate, or both if the court otherwise has jurisdiction to make an initial child custody determination under NRS 125A.305; and
A guardian of the estate for a nonresident minor who has property in Nevada.

A child’s “home state” is the state where the child lived with a parent, or a person acting as a parent, for at least 6 consecutive months right before the petition was filed. For a child under 6 months old, it is the state where the child has lived since birth (NRS 159A.018). When Nevada is the home state, the case is filed in the county where the child lives (NRS 159A.037(1)).

Starting the Case: The Petition

Except as provided in NRS 127C.340, the child, a governmental agency, a nonprofit corporation or any interested person may petition the court to appoint a guardian (NRS 159A.044(1)). To the extent the petitioner knows or can reasonably find out, the petition must include, among other things (NRS 159A.044(2)):

Names, dates of birth, addresses and identification for the child and the proposed guardian;
The date the child will reach majority, whether a custody order exists, and whether the petitioner expects the child to need guardianship after majority;
The names and addresses of the child’s relatives within the second degree of consanguinity;
Whether the proposed guardian has a felony conviction, and whether the proposed guardian or anyone living with him or her has a substantiated child abuse or neglect report or is under investigation for child abuse or neglect;
Why a guardian is needed, and the proposed guardian’s suitability to provide food, shelter, clothing, medical care and education; and
If the petitioner is not a parent, the petitioner’s relationship and interest, and the expected amount of parental involvement in the child’s life.

Notice to the Child and Family

When the petition is filed, the clerk issues a “citation,” a court document that sets the hearing and directs certain people to appear and show cause why a guardian should not be appointed (NRS 159A.047(1)). The citation and petition must be served on the child if 14 or older, known relatives who are 14 or older and within the second degree of consanguinity, the child’s parents and custodian, anyone with care, custody or control of the child, and the proposed guardian if he or she is not the petitioner (NRS 159A.047(2)).

Who is served	Method	Deadline before hearing	NRS
Child 14 or older	Personal service	At least 10 days	159A.0475(1)(a)
Child 14 or older	Court-authorized alternative method (not publication)	At least 20 days	159A.0475(1)(a)
Everyone else required to be served	Certified mail, return receipt requested	At least 20 days	159A.0475(1)(b)
Everyone else required to be served	Personal service	At least 10 days	159A.0475(1)(b)

These methods apply unless the court orders otherwise (NRS 159A.0475(1)). Service is not needed on a person who signed the petition or a written waiver, or who makes a general appearance (NRS 159A.0475(3)).

The Child’s Voice in the Case

The child is treated as a party to the case and may be represented by an attorney at all stages (NRS 159A.0483). The court may appoint an attorney for the child (NRS 159A.045(1)). If the petition is filed where there is a legal services program funded under NRS 19.031 and the child would qualify for its help, the court must appoint an attorney from that program, subject to the program’s available funds (NRS 159A.045(2)-(3)). The court may also appoint a guardian ad litem or an advocate for the child’s best interests if it believes the child could benefit (NRS 159A.0455(1)).

Unless the court waives it for good cause, a child who is in Nevada must attend the hearing in person, or appear by telephone or video if the court allows (NRS 159A.0535(1)). If the child is 14 or older, the court generally may not appoint a guardian without the child’s consent (NRS 159A.061(6)). If the child will not consent, the petitioner must show by clear and convincing evidence that giving the guardianship to the most suitable and willing person is necessary and in the child’s best interests (NRS 159A.061(7)).

The Parental Presumption

Nevada law presumes that the parents, or either parent, are suitable to care for the child, and that it is in the child’s best interest to be cared for by a qualified and suitable parent (NRS 159A.061(1)). A parent is presumed suitable to serve as guardian unless (NRS 159A.061(2)):

The parent cannot provide for some or all of the child’s basic needs, such as food, shelter, clothing, medical care and education;
Because of action or inaction, the parent poses a significant safety risk of physical or emotional danger to the child; or
The child has not been in the parent’s care, custody and control for the 6 months right before the petition was filed.

If the child has been in the care, custody and control of a non-parent for those 6 months, the parent must prove that the first two conditions above do not apply to him or her (NRS 159A.061(3)). When there are competing petitions, any finding that a parent is unsuitable must be made by clear and convincing evidence after a hearing on the merits or an evidentiary hearing (NRS 159A.061(10)).

What the Court Must Find

The petitioner must prove by clear and convincing evidence that a guardianship is necessary and in the child’s best interests (NRS 159A.055(1)). In deciding best interests, the court must consider the child’s wishes, any safety risk a parent poses, the parent-child relationship, how long the child has been out of a parent’s care, the parent’s ability to meet the child’s needs, any guardian ad litem recommendation, and any other relevant factor (NRS 159A.055(2)).

If the court finds the child does not need a guardian, it must dismiss the petition (NRS 159A.054(1)). The court may not find that a child needs a guardian solely because the person currently responsible for the child is deaf, is blind, has another physical disability, or holds a valid registry identification card under Nevada’s medical cannabis law (NRS 159A.054(3); NRS 159A.054(4)).

Choosing the Guardian

Subject to the parental presumption, the court must appoint the qualified person who is most suitable and willing to serve (NRS 159A.061(5)). In judging suitability of each parent and the proposed guardian, the court considers factors such as who the child lives with and for how long, ability to meet the child’s basic needs, habitual alcohol or controlled substance use in the past 6 months (other than cannabis use that complies with Chapter 678C of NRS), certain criminal convictions, and domestic violence (NRS 159A.061(4)).

Among other factors, the court also considers any nomination of a guardian by a parent in a will, a request-to-nominate form or another written instrument; any request by the child; the proposed guardian’s relationship to the child by blood or adoption; and recommendations from a judicial officer, a child welfare or child protective services agency, or a guardian ad litem or court appointed special advocate (NRS 159A.061(8)).

A parent may nominate a guardian by will, but the nominee must still petition and be appointed by the court before acting (NRS 159A.062). A parent or guardian may also use the statutory “Request to Nominate Guardian of a Minor” form, which must be signed by the parent or guardian, signed by two impartial adult witnesses, and notarized (NRS 159A.0753(2)). A person nominated on the form must also petition and be appointed before acting (NRS 159A.0753(5)).

The Secretary of State must make the form available online (NRS 159A.0753(4)). For more on who may serve, see Who Can Serve as a Guardian.

Temporary Guardianship in Urgent Situations

If a child needs immediate medical attention that he or she cannot get without a guardian, the court may appoint a temporary guardian for 10 days if it finds reasonable cause and the notice requirements are met or excused. The temporary guardian’s powers are limited to that medical need (NRS 159A.052(1)-(2), (7)).

More broadly, a petitioner may file a verified petition for a temporary guardian of the person, estate, or both. The petition must show under oath that the child would face an immediate risk of physical, emotional, educational or financial harm without one, or otherwise show good cause. It must also show that the petitioner tried in good faith to notify the family, or that giving notice first would expose the child to an immediate risk of harm or is not feasible (NRS 159A.053(1)-(2)).

Temporary guardianship of the person is presumed to be in the child’s best interest if no parent has had care, custody and control for the 6 months before the petition, or while no parent has care, custody and control because one or both parents are separated from the child due to a federal immigration order (NRS 159A.053(4)).

Within 10 days after an ex parte appointment (one made without a prior hearing), the court must hold a hearing on whether to extend it (NRS 159A.053(9)). For good cause, the court may extend a temporary guardianship for up to two successive 60-day periods, unless extraordinary circumstances require longer (NRS 159A.053(11)).

After the Appointment

Among other things, the order appointing a guardian must state the findings of fact, whether the guardianship is of the person, estate, or both, whether the child is a Nevada resident, and the bond amount (NRS 159A.055(4)). Before acting, the guardian must take an oath and generally must file a verified acknowledgment of a guardian’s duties (NRS 159A.073). A copy of the order must be served on the child within 5 days after the appointment (NRS 159A.074(1)).

If a court order for the child’s support is in effect, the court must order the payment assigned to the guardian for the child’s support (NRS 159A.056). The court may also award visitation between the child and parents, relatives within the fourth degree of consanguinity, or “fictive kin,” meaning people not related by blood who have a significant emotional and positive relationship with the child (NRS 159A.0565(1), (3)). Any order limiting a parent’s visitation must include specific findings on why the limit is necessary to protect the child’s physical and emotional well-being (NRS 159A.0565(2)).

Duties of a Guardian of a Minor’s Person

Unless the court orders otherwise, a guardian of the person has the care, custody and control of the child (NRS 159A.079(1)). Duties include (NRS 159A.079(1)):

Supplying food, clothing, shelter and other necessities, including an appropriate residence;
Taking reasonable care of the child’s personal effects;
Authorizing medical, dental, psychological and other care and treatment;
Seeing that the child is properly trained and educated; and
Facilitating appropriate contact between the child and each parent, when it is in the child’s best interest and complies with any visitation order.

A guardianship does not relieve a parent of any legal duty to provide for the child’s care, support and maintenance (NRS 159A.079(7)). The guardian needs court approval before consenting to experimental treatment, sterilization, or participation in biomedical or behavioral experiments (NRS 159A.0805).

The guardian may set the child’s residence anywhere in Nevada, subject to notice rules (NRS 159A.079(4)). Generally, the guardian must file a notice of intent to move the child and serve it on all interested persons at least 10 days before the move (NRS 159A.0807(4)). Moving the child out of Nevada requires a court petition (NRS 159A.079(5)).

The guardian must file a written report on the child each year, within 60 days after the anniversary of the appointment, including how often the child visits with each parent (NRS 159A.081(1)(a), (3)(d)). See Duties of a Guardian for more.

When a Minor’s Guardianship Ends

A minor’s guardianship generally ends on the child’s 18th birthday (NRS 159A.191(1)(d)). It can continue until the child graduates from high school or turns 19, whichever is sooner, if the child will be over 18 at graduation and both the child and guardian file consent with the court at least 14 days before the child turns 18 (NRS 159A.191(1)(e)). A guardianship of the person connected to a special immigrant juvenile request ends at age 21 unless the court grants the protected minor’s earlier petition to end it (NRS 159A.191(2); NRS 159A.343).

A hearing may be held not later than 90 days before the child reaches majority to decide whether guardianship is needed beyond that age (NRS 159A.191(7)). If the court determines that the child would be incapacitated on reaching majority, a petition may be filed under Chapter 159 for a guardianship to take effect at majority (NRS 159A.191(8)). See Adult Guardianship.

Other ways to end or change a minor’s guardianship, including a parent’s petition, are explained in Changing or Ending a Guardianship.

Guardianships Created Without a Court

Short-Term Guardianship by a Parent

Subject to the rules below and an exception in NRS 127C.340, a parent with legal custody may appoint a short-term guardian for an unmarried minor child in writing, without court approval (NRS 159A.205(1)). Key rules:

If the child is 14 or older, the appointment is effective only if the child consents in writing (NRS 159A.205(2)).
A parent may not make the appointment if the other parent’s rights have not been terminated, his or her whereabouts are known, and he or she is willing and able to make daily child care decisions, unless that other parent consents in writing (NRS 159A.205(4)).
The instrument must include the appointment date and names, and be signed by the parent and guardian before a notary public. It takes effect immediately when signed (NRS 159A.205(5)).
It lasts 6 months unless it states a shorter term or an earlier ending event (NRS 159A.205(6)).
Only one such instrument may be in effect at a time (NRS 159A.205(7)).
Either parent who has not been deprived of legal custody may end it in writing, and any court order appointing a guardian ends it (NRS 159A.205(8)).

Military Families

A member of the U.S. Armed Forces, a reserve component or the National Guard may, by written instrument and without court approval, appoint any adult living in Nevada who is not incapacitated as guardian of the person of a dependent minor child (NRS 159A.215(1)). The instrument must be acknowledged like a deed and signed by both parents if they are living, not divorced and have legal custody, or otherwise by the parent with legal custody (NRS 159A.215(1)). Either parent who has not been deprived of parental rights may end it in writing, and any court order ends it (NRS 159A.215(3)).

How I Can Help

I help grandparents, relatives, family friends and parents understand where they stand under Nevada’s minor guardianship laws. I can prepare and file a petition, handle notice to family, address the parental presumption and the child’s wishes at the hearing, help a guardian meet the duties that follow, and help parents plan ahead with a nomination of guardian. 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.