Ex parte communication

A. In order to carry out the court’s oversight and enforcement of compliance in guardianship proceedings, communications which might otherwise be considered ex parte communications under the Nevada Code of Judicial Conduct, Rule 2.9, may be received and reviewed by the court under the provisions of this rule if such communications raise a significant concern about a guardian’s compliance with his or her statutory duties and responsibilities, or the protected person’s welfare. B. In response to such communication, the court may: 1. Review the court file and take any action that is supported by the record, including but not limited to ordering a report on the protected person’s condition, an inventory, an accounting, or any other filing which is outstanding; 2. Appoint a guardian ad litem; 3. Appoint an attorney ad litem; 4. Appoint an investigator pursuant to NRS 159.146 ; 5. Appoint a financial forensic specialist; 6. Refer the matter to the appropriate law enforcement agency; 7. Refer the matter to the appropriate licensing agency; 8. Refer the matter to appropriate agencies, including but not limited to Child Protective Services or Elder Protective Services; 9. Set a hearing regarding the communication, requiring the parties’ attendance, and/or require a response from the guardian concerning the issues raised by the communication; or 10. Decline to take further action on the communication, with or without replying to the person initiating the communication or returning any written communication received from such person. C. If the communication does not raise significant concerns regarding the guardian’s compliance or the protected person’s welfare and would otherwise be prohibited ex parte communication under the Nevada Code of Judicial Conduct, Rule 2.9, the court shall: 1. Return the written communication to the sender, if known; and 2. Disclose notice of the communication to the guardian, guardian ad litem, the protected person, the protected person’s attorney, and all parties of record and their attorneys. D. The court shall disclose any ex parte communication reviewed under subsection A of this rule, and any action taken by the court under subsection B, to the guardian, guardian ad litem, the protected person, the protected person’s attorney, and all parties of record and their attorneys. [Added; effective October 10, 2018.]