Attorney for protected person or proposed protected person

A. A protected person or proposed protected person has a right to legal representation and shall be entitled to retain counsel of his or her choosing to represent him or her in any guardianship or other related court proceeding. A protected person or proposed protected person may decline representation by an attorney or by a court-appointed attorney, unless the court finds that the protected person or proposed protected person lacks the minimum capacity to make those decisions. A protected person’s or proposed protected person’s waiver of right to counsel must be made knowingly and voluntarily and must be reasonable under the circumstances. B. The attorney for a protected person or proposed protected person shall zealously advocate for the protected person’s or proposed protected person’s expressed wishes and shall protect the due process rights of the protected person or proposed protected person. C. The attorney for the protected person or proposed protected person shall maintain, as far as reasonably possible, a normal client-attorney relationship as prescribed by the Nevada Rules of Professional Conduct and shall advocate for the expressed wishes of the protected person or proposed protected person, even if those expressed wishes are in conflict with the client’s apparent best interests. D. An attorney for a protected person or proposed protected person shall in all cases: 1. Review the petition for guardianship, certificates of current physical, medical, and intellectual examinations, and all other available court filings; 2. Personally visit and interview the protected person or proposed protected person prior to the initial hearing to appoint a guardian, unless the protected person or proposed protected person is located outside the judicial district in which the guardianship case is pending, in which case the attorney shall visit as frequently as necessary and practicable under the circumstances; 3. Explain to the protected person or proposed protected person, to the extent possible and in terms he or she is most likely to understand, the nature and possible consequences of the proceedings, the legal options and alternatives that are available, and the rights to which the protected person or proposed protected person is entitled, including specifically the person’s right to oppose the guardianship or oppose the scope of the guardianship; 4. Secure and present admissible evidence and offer argument as appropriate and warranted to further the expressed wishes of the protected person or proposed protected person and to protect his or her rights and interests; and 5. Continue as the attorney for the protected person or proposed protected person unless and until relieved as counsel by order of the guardianship court; E. The duties of the attorney for a protected person or proposed protected person include but are not limited to: 1. Zealously advocating for the expressed wishes of the protected person or proposed protected person, including those wishes contained in any advance directive or estate-planning document; 2. Reviewing the petition for guardianship, certificates of current physical, medical, and intellectual examinations, and all other available court filings and supporting documents; 3. Personally meeting and interviewing the protected person or proposed protected person prior to a hearing to appoint a guardian or temporary guardian and thereafter as otherwise appropriate to foster communication, unless the protected person or proposed protected person is located outside the judicial district in which the guardianship case is pending, in which case the attorney shall communicate and/or meet with the protected person or proposed protected person as frequently as necessary and practicable under the circumstances; 4. Explaining to the protected person or proposed protected person, to the extent possible and in terms he or she is most likely to understand, the nature and possible consequences of the proceedings, the legal options and alternatives that are available, and the rights to which the protected person or proposed protected person is entitled, including specifically the person’s right to oppose the guardianship or oppose the scope of the guardianship; 5. Securing and presenting available evidence and testimony and offering argument as warranted that would tend to further the expressed wishes of the protected person or proposed protected person and protect his or her rights and legal interests; 6. Conducting independent investigation to ascertain the facts of the case; 7. Participating in all court proceedings, mediations, settlement conferences, and negotiations; 8. Ensuring the protected person or proposed protected person is in attendance at court proceedings where attendance is appropriate, unless appearance is waived by the court; 9. Communicating, coordinating, and maintaining a professional relationship in so far as possible with all parties; 10. Filing appropriate petitions, motions, briefs, and appeals on behalf of the protected person or proposed protected person; 11. Communicating the court’s decisions and consequences to the protected person or proposed protected person; 12. Ensuring there is no less restrictive alternative to guardianship or to the matter before the court; 13. Ensuring proper due process procedure is followed and relevant statutes are complied with; 14. Confirming the petition for guardianship can be supported by clear and convincing evidence in an initial proceeding, and applicable legal standards are met in any subsequent proceedings; 15. Confirming the proposed guardian is a qualified person to serve or to continue to serve, consistent with all statutory requirements; 16. Advocating for and confirming that if a guardian is appointed, the initial order and any subsequent order is least restrictive of the personal freedom of the protected person in type, duration, and scope, consistent with his or her need for care and supervision; 17. Protecting the dignity of the protected person or proposed protected person; 18. Protecting the personal, confidential, financial, and medical information and documents concerning the protected person or proposed protected person; and 19. Continuing as the attorney for the protected person or proposed protected person unless and until relieved as counsel by order of the guardianship court. F. Upon the appointment of an attorney for the protected person or proposed protected person, the court shall enter an order authorizing the attorney access to the protected person or proposed protected person and allowing the attorney access to all relevant documents and information concerning the protected person or proposed protected person, including but not limited to private, confidential, financial, and HIPAA-protected information and documents. G. An attorney for a protected person or proposed protected person shall be entitled to waive rights and admit matters within the guardianship proceeding on behalf of the protected person or proposed protected person so long as such waiver or admission is not contrary to the expressed wishes of the protected person or proposed protected person. H. The role of the attorney for the protected person or proposed protected person is distinct from the role of a guardian ad litem appointed under NRS 159.0455 or an investigator appointed under NRS 159.046 . An attorney for a protected person or proposed protected person shall not serve as a guardian ad litem in the same case or in a related matter. An attorney for a protected person or proposed protected person shall not serve as the attorney for the guardian(s) in the same or related case. I. If the protected person or proposed protected person is unable to express or communicate his or her wishes to the attorney or maintain, as far as reasonably possible, a normal client-attorney relationship, the attorney shall protect the legal interests and due process rights of the protected person or proposed protected person, and the attorney may take reasonably necessary protective action pursuant to Rule 1.14 of the Nevada Rules of Professional Conduct, which may include requesting the appointment of a guardian ad litem under NRS 159.0455 to advocate for the best interest of the protected person or proposed protected person. J. The attorney for a protected person or proposed protected person shall ensure the rights set forth in the Protected Persons Bill of Rights are upheld, and the attorney shall be authorized to prosecute a petition within the guardianship on behalf of the protected person or proposed protected person to enforce the rights of the protected person or proposed protected person, including those rights set forth in the Protected Person’s Bill of Rights. With the express prior approval of the court, the attorney for a protected person or proposed protected person may commence a separate lawsuit on behalf of the protected person or proposed protected person to enforce the rights of the person, including those rights set forth in the Protected Person’s Bill of Rights. K. An attorney who represents siblings or spouses in a guardianship(s) shall be alert to potential conflicts and request that the court appoint separate attorneys in the event that a conflict or potential conflict should arise. L. An attorney for a protected person or proposed protected person shall only be entitled to receive compensation for legal services provided upon compliance with NRS 159.344 and upon receipt of a court order approving of said payment, whether or not paid from the guardianship estate or from a third party. [Added; effective December 9, 2019.]