Nevada Revised Statutes

Nev. Rev. Stat. § 159A.055 (2026)

Burden of proof; best interests of proposed protected minor; order appointing guardian; notice of entry of order

✓ current as of July 2026
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NRS 159A.055  Burden of proof; best interests of proposed protected minor; order appointing guardian; notice of entry of order.

      1.  The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary and in the best interests of the proposed protected minor.

      2.  In determining the best interests of the proposed protected minor pursuant to subsection 1, the court shall consider:

      (a) The wishes of the proposed protected minor;

      (b) The extent to which the parent poses a safety risk of either physical or emotional danger to the proposed protected minor;

      (c) The nature and quality of the parent-child relationship;

      (d) The length of time that the proposed protected minor has been out of the care, custody and control of either parent;

      (e) The ability of the parent to meet the needs of the proposed protected minor;

      (f) The recommendation of the guardian ad litem, if applicable; and

      (g) Any other factor deemed relevant by the court.

      3.  If the court finds by clear and convincing evidence that the appointment of a guardian is necessary and in the best interests of the proposed protected minor, the court shall enter an order appointing a guardian.

      4.  An order appointing a guardian must:

      (a) Set forth with specificity the findings of fact upon which the order is based;

      (b) Specify whether the guardian appointed is guardian of the person, of the estate, or of the person and estate;

      (c) Specify whether the proposed protected minor is a resident or nonresident of this State;

      (d) Specify the amount of the bond to be executed and filed by the guardian; and

      (e) Designate the names and addresses, so far as may be determined, of the relatives of the proposed protected minor upon whom notice must be served pursuant to NRS 159A.047.

      5.  A notice of entry of the court order must be sent to the relatives of the proposed protected minor upon whom notice must be served pursuant to NRS 159A.047.

      (Added to NRS by 2017, 827; A 2025, 1702)

     

Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020).
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020). · cites it 2× “055(1); NRS 159A.055(1). However, nothing in the guardianship statutes, nor in any of the other statutory schemes in which NRS 3.”
In re Guardianship of B.A.A.R. (Nev. 2020). · cites it 2× “055(1); NRS 159A.055(1). However, nothing in the guardianship statutes, nor in any of the other statutory schemes in which NRS 3.”
— Nev. Rev. Stat. § 159A.055(1) — 2 cases
In Re: Guardianship of B.A.A.R., 2020 NV 57 (Nev. 2020). “055(1); NRS 159A.055(1). However, nothing in the guardianship statutes, nor in any of the other statutory schemes in which NRS 3.”
In re Guardianship of B.A.A.R. (Nev. 2020). “055(1); NRS 159A.055(1). However, nothing in the guardianship statutes, nor in any of the other statutory schemes in which NRS 3.”
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