Nevada Revised Statutes 159A.1855 – Issuance and service of citation concerning filing of petition for removal; actions of court if protected minor or estate may suffer loss or injury during time required for service
1. If a petition to have a guardian removed is filed with the court, the court shall issue a citation to the petitioner. The petitioner shall serve the citation on the guardian and on all other interested persons.
Terms Used In Nevada Revised Statutes 159A.1855
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
2. The citation must require the guardian to appear and show cause why the court should not remove the guardian.
3. If it appears that the protected minor or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the court’s own motion or on petition, the court may:
(a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction;
(b) Compel the guardian to surrender the protected minor to a temporary guardian for not more than 30 days; and
(c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.