Nevada Revised Statutes 159A.1905 – Petition for termination or modification; appointment of attorney to represent protected minor; burden of proof; issuance of citation; penalties for not filing petition in good faith
1. A protected minor, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:
Terms Used In Nevada Revised Statutes 159A.1905
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) The name and address of the petitioner.
(b) The relationship of the petitioner to the protected minor.
(c) The name, age and address of the protected minor, if the protected minor is not the petitioner, or the date of death of the protected minor if the protected minor is deceased.
(d) The name and address of the guardian, if the guardian is not the petitioner.
(e) The reason for termination or modification.
(f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.
(g) A general description and the value of the remaining property of the protected minor and the proposed disposition of that property.
2. Upon the filing of the petition, the court shall appoint an attorney to represent the protected minor if:
(a) The protected minor is unable to retain an attorney; or
(b) The court determines that the appointment is necessary to protect the interests of the protected minor.
3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected minor.
4. The court shall issue a citation requiring all interested persons to appear and show cause why termination or modification of the guardianship should not be granted. The court shall serve the citation on the guardian and the petitioner. The petitioner shall serve the citation on all interested persons.
5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected minor, the court may:
(a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected minor; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected minor and associated with the petition.