Guardianship Laws

Adult Guardianship Statute: 

Nev. Rev. Stat. Ann. 159.013 to 161.030; 253.150 to .250

Right to Counsel in Statute: Initial Guardianship Proceedings: 
Right to Counsel in Statute: Post-Appointment Guardianship Proceedings: 
Right to Counsel Statututory Citation: 

Nev. Rev. Stat. Ann. §§ 159.0485(1), 159.187(1), 159.1905(2)

Right to Counsel Definition in Statute: 

"1. At the hearing for the appointment of a guardian for a proposed adult ward, the court shall advise the proposed adult ward who is in attendance at the hearing or who is appearing by videoconference at the hearing of his or her right to counsel and determine whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding....2. If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel, at any stage in a guardianship proceeding and whether or not the adult ward or proposed adult ward lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who worrks for legal aid services, of available, or a private attorney to represent the adult ward orproposed adult ward. The appointed attorney must represent the adult ward or proposed adult ward until relieved of the duty by court order." Nev. Rev. Stat. § 159.0485.

Advocacy Role of Counsel Defined in Statute: 
Not stated
Professional Rules &/or Ethics Opinions: 

NV RPC Rule 1.14: "(a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. (b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian."

Other Important Info: 

NRCP Rule 17(c): "Whenever an infant or incompetent person his a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.ʺ

Discuss Guardianship or Supported Decision-Making?: