Rights of Protected Persons in Nevada Guardianships

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 5 of 8: Protected Persons' Rights

An adult under guardianship in Nevada keeps many rights. Nevada’s Protected Persons’ Bill of Rights lists them (NRS 159.327; NRS 159.328). A “protected person” is an adult for whom a guardian has been appointed, and a “proposed protected person” is an adult for whom a guardianship case has been started (NRS 159.0253; NRS 159.025).

These rights apply except as otherwise specifically provided by law (NRS 159.328(1)). They do not take away any other legal remedies, and they may be raised in the guardianship case or enforced through a private right of action, meaning a separate lawsuit (NRS 159.328(2)). This page is useful to protected persons, their families and friends, and guardians.

The Right to an Attorney

A proposed protected person has the right to have an attorney before a guardianship is imposed to ask the court for relief, and a protected person has the right to have an attorney at any time during a guardianship (NRS 159.328(1), (1)(a)). When a petition for guardianship is filed, the court must appoint an attorney for the proposed protected person unless he or she wishes to retain, or has already retained, an attorney of his or her own choice (NRS 159.0485(1)).

When a petition to end or modify a guardianship is filed, the court must appoint an attorney for the protected person if he or she is unable to retain one or if the court determines an appointment is necessary to protect his or her interests (NRS 159.1905(2)). The hearing process is explained in Adult Guardianship in Nevada.

The Protected Persons’ Bill of Rights

Each protected person has the rights listed below (NRS 159.328(1)). They are grouped here by topic for easier reading.

Taking Part in the Court Case

Receive notice of all guardianship proceedings and all proceedings about a determination of capacity, unless the court determines the protected person lacks the capacity to comprehend the notice (NRS 159.328(1)(b)).
Receive a copy of all documents filed in the guardianship case (NRS 159.328(1)(c)).
Have a family member, interested party, person of natural affection, advocate or medical provider speak or raise concerns on his or her behalf at a court hearing, orally or in writing, including about a conflict with the guardian (NRS 159.328(1)(d)).
Be educated about guardianships, and ask questions and express concerns and complaints about the guardian and the guardian’s actions, orally or in writing (NRS 159.328(1)(e)).
Be educated about less restrictive alternatives to guardianship (NRS 159.328(1)(t)).

Independence and Personal Choices

Participate in developing a plan for his or her care, including managing assets and personal property and deciding where to live and how to receive services (NRS 159.328(1)(f)).
Have due consideration given to his or her current and previously stated personal desires, health care and medical treatment preferences, and religious and moral beliefs (NRS 159.328(1)(g)).
Remain as independent as possible, including having a reasonable preference honored about residence and standard of living, whether expressed or shown before the capacity determination or expressed now (NRS 159.328(1)(h)).
Be granted the greatest degree of freedom possible, consistent with the reasons for the guardianship, and control all aspects of life not specifically delegated to the guardian by court order (NRS 159.328(1)(i)).
Engage in any activity the court has not expressly reserved for the guardian, including voting, marrying or entering a domestic partnership, traveling, working and having a driver’s license (NRS 159.328(1)(j)).

Dignity, Privacy and Contact

Be treated with respect and dignity, and be treated fairly by the guardian (NRS 159.328(1)(k)-(l)).
Maintain privacy and confidentiality in personal matters (NRS 159.328(1)(m)).
Receive telephone calls and personal mail and have visitors, unless the guardian and the court determine that particular correspondence or a particular visitor will cause harm (NRS 159.328(1)(n)).

Health Care

Receive timely, effective and appropriate health care and medical treatment that does not violate his or her rights (NRS 159.328(1)(o)).

Money, Fees and Reports

Have all guardian services provided at a reasonable rate, and have the court review payment requests to avoid excessive or unnecessary fees or duplicative billing (NRS 159.328(1)(p)).
Receive prudent financial management of his or her property and regular detailed financial accounting reports, including reports on investments or trusts held for his or her benefit and any expenditures or fees charged to the estate (NRS 159.328(1)(q)).
Receive and control his or her salary, maintain a bank account and manage his or her personal money (NRS 159.328(1)(r)).

For how fees and accountings are handled, see Accountings and Court Oversight.

Asking the Court for Help

A protected person has the right to ask the court to (NRS 159.328(1)(s)):

Review the guardian’s management activity if a dispute cannot be resolved;
Continually review the need for a guardianship, or modify or terminate it;
Replace the guardian; and
Enter an order restoring his or her capacity at the earliest possible time.

A protected person may petition to end or modify a guardianship (NRS 159.1905(1)). See Changing or Ending a Guardianship.

Other Rights in the Guardianship Statutes

Voting. A protected person keeps the right to vote unless the court specifically finds by clear and convincing evidence that he or she lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in voting (NRS 159.0594(1)).

Where to live. 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 needs and abilities (NRS 159.0807(1)). The rules guardians must follow before moving a protected person are explained in Guardian Duties.

Trust information. A protected person or his or her attorney is entitled to copies of any accountings for trusts created by or for the benefit of the protected person (NRS 159.3395). A protected person may submit a trust to a court’s jurisdiction if the protected person, his or her spouse, or both are the grantors and sole income beneficiaries, or if the trust was created at the discretion or with the consent of a court (NRS 159.3395(1)-(2)).

Contact With Family and Close Friends

Nevada has specific rules protecting a protected person’s contact with a “relative,” which for these rules means a parent, child or sibling (NRS 159.331). The same protections cover a “person of natural affection,” meaning someone who is not a family member but shares a relationship with the protected person similar to a family relationship (NRS 159.0235; NRS 159.332(1)).

A guardian must not restrict the protected person’s right to communicate, visit or interact with a relative or person of natural affection, including by telephone, mail or electronic communication, unless (NRS 159.332(1)):

The protected person tells the guardian and at least one other independent witness, not affiliated with or related to the guardian or the protected person, that he or she does not wish to have contact (NRS 159.332(1)(a));
Law enforcement is currently investigating the relative or person of natural affection, or a court proceeding concerns the alleged abuse of the protected person, and the guardian determines a restriction is in the protected person’s best interests because of it (NRS 159.332(1)(b));
A court order authorizes the restriction (NRS 159.332(1)(c));
The guardian determines the protected person is being physically, emotionally or mentally harmed by the relative or person of natural affection (NRS 159.332(1)(d)); or
A determination is made, based on findings in a plan for the protected person’s care or treatment, that the contact is detrimental to his or her health and well-being (NRS 159.332(1)(e)).

If a guardian restricts contact because of harm under item 4, the guardian must file a petition for a court order within 10 days after restricting contact (NRS 159.332(2)). No petition is required if the person is already the subject of an investigation or court proceeding under item 2 or a pending petition under NRS 159.333 (NRS 159.332(2)).

Under item 5, a guardian may consent to a restriction if the guardian determines it is in the protected person’s best interests (NRS 159.332(3)). The guardian must then file a notice with the court describing the restriction within 10 days after learning of the care plan findings, and serve it on the protected person, his or her attorney, and the person being restricted (NRS 159.332(3)).

Court Orders Restricting Contact

For good cause, a guardian may petition the court for an order restricting a relative’s or person of natural affection’s contact with the protected person (NRS 159.333(1)). The court must give notice and an opportunity to be heard to the guardian, the protected person and the relative or person of natural affection, and must preserve the protected person’s right to be present at the hearing (NRS 159.333(2)(b)-(c)). The court may appoint someone to meet with the protected person to learn his or her wishes, and may order supervised contact before the hearing (NRS 159.333(2)(a), (d)).

In deciding whether to issue an order, the court must consider (NRS 159.333(3)):

Whether any protective order protects the protected person from the relative or person of natural affection;
Whether that person has been charged with abuse, neglect or financial exploitation of the protected person;
Whether the protected person has expressed to the court, or to the guardian and at least one independent witness, a desire to have or not to have contact;
If the protected person cannot communicate, whether a properly executed living will, durable power of attorney or other written instrument states a preference about contact; and
Any other factor the court deems relevant.

If the protected person cannot communicate verbally, the guardian must give the court documentation of any signs of agitation, distress, combative or overly emotional behavior, or opposition during or after contact (NRS 159.333(4)). This may include nursing notes, caregiver records, medical records or witness testimony (NRS 159.333(4)).

Before issuing an order, the court must consider restrictions in this order of preference (NRS 159.334(1)):

Preference	Type of Restriction
First	Reasonable time, manner or place restrictions, based on the history between the two people or the protected person’s wishes
Second	Requiring that contact be supervised
Third	Denying contact

If the court determines the relative or person of natural affection poses a threat, it may order supervised contact before denying contact (NRS 159.334(2)). The guardian, protected person, relative or person of natural affection may petition to modify or rescind an order (NRS 159.333(5)).

Challenging a Guardian’s Decision

Any person, including the protected person, who reasonably believes a guardian abused his or her discretion in restricting contact under item 2 or item 5 above, or violated a court order on contact, may petition the court to (NRS 159.335(1)):

Require the guardian to grant access;
Restrict or further restrict access;
Modify the guardian’s duties; or
Remove the guardian under NRS 159.185.

A guardian who violates any of NRS 159.331 to 159.338 is subject to removal (NRS 159.335(2); NRS 159.185(1)(i)).

Hearings, Burden of Proof and Fees

Rule	Details	NRS
Regular hearing	Court must schedule a hearing on a petition under NRS 159.333 or 159.335 not later than 63 days after it is filed	159.336(1)
Emergency hearing	If the petition states the protected person’s health is in significant decline or death might be imminent, the court must hold an emergency hearing as soon as practicable, but not later than 7 days after filing	159.336(2)
Service	Notice of hearing, the petition and any emergency order must be personally served on the protected person and anyone the petition is filed against	159.336(4)
Guardian’s burden	The guardian has the burden of proof when petitioning to restrict contact, petitioning to modify or rescind an order, or opposing a petition under NRS 159.335	159.337(1)
Relative’s burden	A relative or person of natural affection has the burden of proof when petitioning to modify or rescind an order	159.337(2)
Frivolous petitions	If a petition was filed frivolously or in bad faith, the court must award attorney’s fees to the opposing party	159.338(1)(a)
Guardian misconduct	If a guardian is in contempt or acted frivolously or in bad faith in restricting contact, the court may award attorney’s fees to the prevailing party and impose sanctions on the guardian	159.338(1)(b)
Who pays fees	Fees awarded under these sections must not be paid by the protected person or the estate	159.338(2)

If the court orders an emergency hearing, it may order supervised contact before the hearing (NRS 159.336(3)).

When a Guardian Violates These Rights

If a guardian violates any right of a protected person set out in chapter 159, the court may take any appropriate action, including (NRS 159.346(1)):

Ordering that certain actions be taken or stopped;
Disallowing fees payable to the guardian;
After notice and a hearing, ordering compensation for any injury, death or loss of money or property caused by the guardian’s actions or failure to act;
Removing the guardian under NRS 159.185; or
Taking any other proper action.

If the guardian’s action is deemed deliberately harmful, fraudulent or malicious, the court may also impose twice the actual damages and attorney’s fees and costs (NRS 159.346(2)). Violating a protected person’s rights under chapter 159 is also a ground on which the court may remove a guardian (NRS 159.185(1)(g)).

Where to Find the Bill of Rights

Each Nevada court must make the Protected Persons’ Bill of Rights readily available to the public, keep a copy for reproduction and distribution, and post it in a conspicuous place in the court in at least 12-point type and on the court’s website (NRS 159.329).

How I Can Help

I help protected persons and their families understand and assert these rights, including petitioning the court when a guardian restricts contact with a parent, child, sibling or close friend, and asking the court to review, modify or end a guardianship. I also advise guardians on how to respect these rights while carrying out their 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.