Nev. Rev. Stat. § 159.185

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 159.185 - Conditions for removal

1. The court may remove a guardian if the court determines that:

(a) The guardian has become mentally incapacitated, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

(b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613;

(c) The guardian has filed for bankruptcy within the previous 5 years;

(d) The guardian of the estate has mismanaged the estate of the protected person;

(e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

(1) The negligence resulted in injury to the protected person or the estate of the protected person; or

(2) There was a substantial likelihood that the negligence would result in injury to the protected person or the estate of the protected person;

(f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

(g) The guardian has violated any right of the protected person that is set forth in this chapter;

(h) The guardian has violated a court order or committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of NRS 159.332;

(i) The guardian has violated any provision of NRS 159.331 to 159.338, inclusive, or a court order issued pursuant to NRS 159.333;

(j) The best interests of the protected person will be served by the appointment of another person as guardian; or

(k) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595 or 159A.0595.

2. A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

NRS 159.185

Added to NRS by 1969, 432; A 2003, 1798; 2005, 819; 2011, 999; 2015, 2367, 2509; 2017, 884, 2561, 3920

Amended by 2017, Ch. 552,§36, eff. 1/1/2018.

Amended by 2017, Ch. 390,§31, eff. 7/1/2017.

Amended by 2017, Ch. 172,§189, eff. 7/1/2017.

Amended by 2015, Ch. 409,§51.7, eff. 1/1/2016.

Amended by 2015, Ch. 437,§2.7, eff. 7/1/2015.

Added to NRS by 1969, 432; A 2003, 1798; 2005, 819; 2011, 999