Nev. Rev. Stat. § 159.191

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

Section 159.191 - Termination of guardianship of person, estate or person and estate; procedure upon death of protected person

1. Except as otherwise provided in subsection 2, a guardianship of the person is terminated:

(a) By the death of the protected person;

(b) Upon the change of domicile of the protected person to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or

(c) Upon order of the court, if the court determines that the guardianship no longer is necessary.

2. If a court appoints or extends the appointment of a guardian of the person pursuant to NRS 159.343, the guardianship is terminated on the date on which the protected person reaches 21 years of age, unless the protected person petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159.1905 and the court grants the petition.

3. A guardianship of the estate is terminated:

(a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian;

(b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or

(c) By the death of the protected person, subject to the provisions of NRS 159.193.

4. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

5. The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected person of the death of the protected person within 30 days after the death.

6. Immediately upon the death of the protected person:

(a) The guardian of the estate shall have no authority to act for the protected person except to wind up the affairs of the guardianship pursuant to NRS 159.193, and to distribute the property of the protected person as provided in NRS 159.195 and 159.197; and

(b) No person has standing to file a petition pursuant to NRS 159.078.

NRS 159.191

Added to NRS by 1969, 432; A 1999, 1401; 2003, 1799; 2013, 922; 2017, 885, 1149

Amended by 2017, Ch. 172,§190, eff. 7/1/2017.

Amended by 2013, Ch. 224,§21, eff. 10/1/2013.

Added to NRS by 1969, 432; A 1999, 1401; 2003, 1799