When A Court Appoints A Guardian
NRS 159.055 and NRS 159.0485 — clear and convincing evidence, and a lawyer for the person the petition is about
Clear and convincing evidence. In Nevada the person asking for a guardian has the burden of proving by clear and convincing evidence that a guardian of the person, of the estate, or of both is necessary.
When a petition is filed, the court appoints an attorney for the proposed protected person, unless that person wishes to retain, or has retained, one of the person's own choosing. Where the county has a legal services program for the indigent that can take the case, the attorney comes from it; if the person wants a different attorney, the court appoints that one.
Without such a program, the court asks whether the person can pay. If so, the attorney is paid from the person's estate; if not, the court may pay from money the county sets aside for it. A person who unnecessarily or unreasonably caused the appointment may be ordered to pay its expenses.
- Whether the guardian is of the person, the estate, both, or a special guardian.
- Whether the protected person is a Nevada resident.
- The bond the guardian files.
- The relatives and other interested persons who are sent notice of the order.
Who may petition, the notice the petitioner gives, the protected person's attendance at the hearing, and the order of preference among possible guardians are in other sections and are not reproduced here. Whether a guardianship is necessary in a particular case is a question for a court and a licensed Nevada attorney.
Sources for this section (2)
- NRS 159.055 — Burden of proof; order appointing guardian
- NRS 159.0485 — Appointment of attorney for proposed protected person
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.