Can a Parent Get Guardianship of an Adult Child with a Drug Abuse Problem in Nevada?
Full Question:
Answer:
A petition for guardianship may be filed to find an adult incompetent and in need of a guardian for his person, estate, or both. An adult must be given an assessment by a physician. A proposed adult ward must provide the court with an assessment of the needs of the proposed
adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to
maintain his or her safety and basic needs.
Please see the following NV statutes:
NRS 159.034 Notice by petitioner: To whom required; manner for
providing; waiver of requirement; proof of giving filed with
court.
1. Except as otherwise provided in this section, by
specific statute or as ordered by the court, a petitioner in
a guardianship proceeding shall give notice of the time and
place of the hearing on the petition to:
(a) Each interested person or the attorney of the interested
person;
(b) Any person entitled to notice pursuant to this chapter or
the person's attorney;
(c) Any other person who has filed a request for notice in the
guardianship proceedings;
(d) The proposed guardian, if the petitioner is not the proposed
guardian; and
(e) Those persons entitled to notice if a proceeding were
brought in the proposed ward's home state.
2. The petitioner shall give notice not later than 10 days
before the date set for the hearing:
(a) By mailing a copy of the notice by certified, registered or
ordinary first-class mail to the residence, office or post office
address of each person required to be notified pursuant to this
section;
(b) By personal service; or
(c) In any other manner ordered by the court, upon a showing of
good cause.
3. If the address or identity of a person required to be
notified of a hearing on a petition pursuant to this section is
not known and cannot be ascertained with reasonable diligence,
notice must be given:
(a) By publishing a copy of the notice in a newspaper of general
circulation in the county where the hearing is to be held at least
once every 7 days for 21 consecutive days, the last publication of
which must occur not later than 10 days before the date set for
the hearing; or
(b) In any other manner ordered by the court, upon a showing of
good cause.
4. For good cause shown, the court may waive the requirement of
giving notice.
5. A person entitled to notice pursuant to this section may
waive such notice. Such a waiver must be in writing and filed with
the court.
6. On or before the date set for the hearing, the petitioner
shall file with the court proof of giving notice to each person
entitled to notice pursuant to this section.
NRS 159.044 Petition for appointment of guardian: Who may
submit; content; needs assessment required for proposed adult
ward.
1. Except as otherwise provided in NRS 127.045, a
proposed ward, a governmental agency, a nonprofit corporation
or any interested person may petition the court for the
appointment of a guardian.
2. To the extent the petitioner knows or reasonably may
ascertain or obtain, the petition must include, without
limitation:
(a) The name and address of the petitioner.
(b) The name, date of birth and current address of the proposed
ward.
(c) A copy of one of the following forms of identification of
the proposed ward which must be placed in the records relating to
the guardianship proceeding and, except as otherwise provided in
NRS 239.0115 or as otherwise required to carry out a specific
statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid driver's license number;
(4) A valid identification card number; or
(5) A valid passport number. If the information required
pursuant to this paragraph is not included with the petition,
the information must be provided to the court not later than
120 days after the appointment of a guardian or as otherwise
ordered by the court.
(d) If the proposed ward is a minor, the date on which the
proposed ward will attain the age of majority and:
(1) Whether there is a current order concerning custody and,
if so, the state in which the order was issued; and
(2) Whether the petitioner anticipates that the proposed ward
will need guardianship after attaining the age of majority.
(e) Whether the proposed ward is a resident or nonresident of
this State.
(f) The names and addresses of the spouse of the proposed ward
and the relatives of the proposed ward who are within the second
degree of consanguinity.
(g) The name, date of birth and current address of the proposed
guardian. If the proposed guardian is a private professional
guardian, the petition must include proof that the guardian meets
the requirements of NRS 159.0595. If the proposed guardian is not
a private professional guardian, the petition must include a
statement that the guardian currently is not receiving
compensation for services as a guardian to more than one ward who
is not related to the person by blood or marriage.
(h) A copy of one of the following forms of identification of
the proposed guardian which must be placed in the records relating
to the guardianship proceeding and, except as otherwise provided
in NRS 239.0115 or as otherwise required to carry out a specific
statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid driver's license number;
(4) A valid identification card number; or
(5) A valid passport number.
(i) Whether the proposed guardian has ever been convicted of a
felony and, if so, information concerning the crime for which the
proposed guardian was convicted and whether the proposed guardian
was placed on probation or parole.
(j) A summary of the reasons why a guardian is needed and recent
documentation demonstrating the need for a guardianship. The
documentation must include, without limitation:
(1) A certificate signed by a physician who is licensed to
practice medicine in this State or who is employed by the
Department of Veterans Affairs stating:
(I) The need for a guardian;
(II) Whether the proposed ward presents a danger to himself
or herself or others;
(III) Whether the proposed ward's attendance at a hearing
would be detrimental to the proposed ward;
(IV) Whether the proposed ward would comprehend the reason
for a hearing or contribute to the proceeding; and
(V) Whether the proposed ward is capable of living
independently with or without assistance;
(2) A letter signed by any governmental agency in this State
which conducts investigations stating:
(I) The need for a guardian;
(II) Whether the proposed ward presents a danger to himself
or herself or others;
(III) Whether the proposed ward's attendance at a hearing
would be detrimental to the proposed ward;
(IV) Whether the proposed ward would comprehend the reason
for a hearing or contribute to the proceeding; and
(V) Whether the proposed ward is capable of living
independently with or without assistance; or
(3) A certificate signed by any other person whom the court
finds qualified to execute a certificate stating:
(I) The need for a guardian;
(II) Whether the proposed ward presents a danger to himself
or herself or others;
(III) Whether the proposed ward's attendance at a hearing
would be detrimental to the proposed ward;
(IV) Whether the proposed ward would comprehend the reason
for a hearing or contribute to the proceeding; and
(V) Whether the proposed ward is capable of living
independently with or without assistance.
(k) Whether the appointment of a general or a special guardian
is sought.
(l) A general description and the probable value of the property
of the proposed ward and any income to which the proposed ward is
or will be entitled, if the petition is for the appointment of a
guardian of the estate or a special guardian. If any money is paid
or is payable to the proposed ward by the United States through
the Department of Veterans Affairs, the petition must so state.
(m) The name and address of any person or care provider having
the care, custody or control of the proposed ward.
(n) If the petitioner is not the spouse or natural child of the
proposed ward, a declaration explaining the relationship of the
petitioner to the proposed ward or to the proposed ward's family
or friends, if any, and the interest, if any, of the petitioner in
the appointment.
(o) Requests for any of the specific powers set forth in NRS
159.117 to 159.175, inclusive, necessary to enable the guardian to
carry out the duties of the guardianship.
(p) If the guardianship is sought as the result of an
investigation of a report of abuse, neglect or exploitation of the
proposed ward, whether the referral was from a law enforcement
agency or a state or county agency.
(q) Whether the proposed ward is a party to any pending criminal
or civil litigation.
(r) Whether the guardianship is sought for the purpose of
initiating litigation.
(s) Whether the proposed ward has executed a durable power of
attorney for health care, a durable power of attorney for
financial matters or a written nomination of guardian and, if so,
who the named agents are for each document.
3. Before the court makes a finding pursuant to NRS 159.054, a
petitioner seeking a guardian for a proposed adult ward must
provide the court with an assessment of the needs of the proposed
adult ward completed by a licensed physician which identifies the
limitations of capacity of the proposed adult ward and how such
limitations affect the ability of the proposed adult ward to
maintain his or her safety and basic needs. The court may
prescribe the form in which the assessment of the needs of the
proposed adult ward must be filed.
NRS 159.0535 Attendance of proposed ward at hearing.
1. A proposed ward who is found in this State must attend
the hearing for the appointment of a guardian unless:
(a) A certificate signed by a physician who is licensed to
practice in this State specifically states the condition of the
proposed ward, the reasons why the proposed ward is unable to
appear in court and whether the proposed ward's attendance at the
hearing would be detrimental to the physical health of the
proposed ward; or
(b) A certificate signed by any other person the court finds
qualified to execute a certificate states the condition of the
proposed ward, the reasons why the proposed ward is unable to
appear in court and whether the proposed ward's attendance at the
hearing would be detrimental to the physical health of the
proposed ward.
2. A proposed ward found in this State who cannot attend the
hearing for the appointment of a general or special guardian as
set forth in a certificate pursuant to subsection 1 may appear by
videoconference. If the proposed ward is an adult and cannot
attend by videoconference, the person who signs the certificate
described in subsection 1 shall:
(a) Inform the proposed adult ward that the petitioner is
requesting that the court appoint a guardian for the proposed
adult ward;
(b) Ask the proposed adult ward for a response to the
guardianship petition;
(c) Inform the proposed adult ward of his or her right to
counsel and ask whether the proposed adult ward wishes to be
represented by counsel in the guardianship proceeding; and
(d) Ask the preferences of the proposed adult ward for the
appointment of a particular person as the guardian of the proposed
adult ward.
3. If the proposed ward is an adult, the person who signs the
certificate described in subsection 1 shall state in the
certificate:
(a) That the proposed adult ward has been advised of his or her
right to counsel and asked whether he or she wishes to be
represented by counsel in the guardianship proceeding;
(b) The responses of the proposed adult ward to the questions
asked pursuant to subsection 2; and
(c) Any conditions that the person believes may have limited the
responses by the proposed adult ward.
4. The court may prescribe the form in which the certificate
must be filed. If the certificate consists of separate parts, each
part must be signed by a person identified in subsection 1.
5. If the proposed ward is not in this State, the proposed ward
must attend the hearing only if the court determines that the
attendance of the proposed ward is necessary in the interests of
justice.