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Rule 10 Termination of guardianships for noncompliance with no further identification of whether a guardianship remains necessary, and if so, a successor guardian

A. Where the court removes a sole guardian based upon the sole guardian’s noncompliance with his or her duties and responsibilities pursuant to NRS 159.185-.1857/159A.185-.186, suspends a sole guardian’s authority under NRS 159.1855(3)/159A.1855(3), or revokes letters of guardianship pursuant to NRS 159.085(8)/159A.085(8), the court shall not terminate the guardianship pursuant to NRS 159.1905-.192/159A.1905-.192 without making specific findings as to:

1. The protected person’s current health and welfare;

2. The reasons a guardianship does or does not remain necessary, including identifying the existence of less-restrictive alternatives; and

3. Whether maintaining the guardianship would serve the protected person’s best interests.

B. Where the location and circumstances of the protected person are unknown to the court and/or parties of record, prior to terminating a guardianship pursuant to NRS 159.1905-.192/159A.1905-.192 based upon a guardian’s noncompliance with duties and responsibilities under law, the court shall order an investigation pursuant to NRS 159.046, 159A.046, and/or NRS 159.341 to verify the status of the protected person.

C. Upon notice, the court may appoint the public guardian as temporary guardian of a protected adult during pendency of proceedings described in subsection A.

Amendment history: [Added; effective December 9, 2019.]