Guardian ad litem for protected person or proposed protected person

A. This rule applies to any guardian ad litem appointed pursuant to NRS 159.0455 and NRS 159A.0455 . B. The guardian ad litem shall zealously advocate for the best interest of the protected person or proposed protected person in a manner that will enable the court to determine the action that will be the least restrictive and in the best interest of the protected person or proposed protected person. C. A guardian ad litem is an officer of the court and a representative of the protected person or proposed protected person and is not a party to the case. D. A guardian ad litem may be appointed if the protected person or proposed protected person will benefit from the appointment or the services of the guardian ad litem or if the appointment will be beneficial in determining the best interest of the protected person or proposed protected person. E. The order appointing the guardian ad litem shall set forth with specificity the duties of the guardian ad litem and shall identify the issues that the guardian ad litem is directed to address. The guardian ad litem shall address only the issues identified in the appointing order absent an additional order from the court. The order appointing the guardian ad litem shall authorize the guardian ad litem access to all relevant documents and information concerning the protected person or proposed protected person, including but not limited to private, confidential, financial, and Health Insurance Portability and Accountability Act-protected (HIPAA) information and documents. F. The guardian ad litem shall not have authority to waive any of the protected person’s or proposed protected person’s due process rights or protections, including, without limitation, the protected person’s or proposed protected person’s right to counsel, right to oppose the guardianship, right to oppose the choice of guardian, right to attend hearings, and right to object to any action or proposed action by the guardian. G. The guardian ad litem shall advocate for the best interest of the protected person or proposed protected person based on admissible evidence available to the guardian ad litem. The guardian ad litem shall conduct independent investigation and assessment of the facts to carry out the directives of the appointing order and may submit recommendations to the court that are based on admissible evidence. The guardian ad litem shall not be a witness and shall not testify or be cross-examined. The guardian ad litem shall not be subject to a subpoena, except to the extent an attorney representing the protected person or proposed protected person would be subject to a subpoena. H. A guardian ad litem may be a trained volunteer from a court-approved advocate program, an attorney, or any other person that the court finds has appropriate training and experience. I. If the guardian ad litem is a trained volunteer from a court-approved volunteer advocate program or an attorney providing services as a guardian ad litem pro bono, the appointing order shall state that fact and state that the guardian ad litem is not seeking compensation. If the guardian ad litem is not a volunteer and will seek compensation in the case, the appointing order shall state the hourly rate to be charged by the guardian ad litem and may limit the hours that may be charged by the guardian ad litem, absent further order of the court. J. A guardian ad litem that seeks compensation for the services provided is only entitled to compensation upon compliance with NRS 159.344 et al., and the request for payment, whether or not payment is to be from the guardianship estate or from any third party, shall be subject to the requirements and analysis as set forth in NRS 159.344 . K. An attorney that serves as a guardian ad litem is bound by the Nevada Rules of Professional Conduct to the extent those rules are applicable. L. A guardian ad litem shall not communicate with any party represented by counsel outside the presence of the party’s attorney without first obtaining the attorney’s consent. M. The guardian ad litem shall provide a copy to all parties of any written report of the guardian ad litem that is filed with the court. N. The role of the guardian ad litem is separate and distinct from the role of an attorney for a protected person or proposed protected person appointed pursuant to NRS 159.0485 and separate and distinct from an investigator appointed pursuant to NRS 159.046 . A guardian ad litem for a protected person or proposed protected person shall not serve as an attorney for a protected person or proposed protected person, as an attorney for a guardian(s) or as an investigator in the same case or in a related matter. O. The guardian ad litem shall ensure the rights set forth in the Protected Persons Bill of Rights are upheld and the guardian ad litem shall immediately report to the court any transgressions of said rights. P. A guardian ad litem who represents siblings or spouses in a guardianship(s) shall be alert to potential conflicts and request that the court appoint a separate guardian ad litem in the event that a conflict or potential conflict should arise. [Added; effective December 9, 2019.]