Guardianship 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. [Added; effective December 9, 2019.]