Nevada: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Nevada keeps personal and property authority inside one adult-guardianship
chapter. Section 159.017 defines the role, and § 159.0487 permits the court to
appoint a guardian of the person, a guardian of the estate, a guardian of both,
or a special guardian.
Nevada therefore does not use conservator as the ordinary label for the
adult property-management role covered here.

Who may file and where

Section 159.044 allows the adult, a governmental agency, a nonprofit
corporation, or any interested person to file. When Nevada is the adult's home
state, § 159.037 places venue in the county where the adult resides. The
first-filed county controls if more than one county is proper, and another
venue may accept the proceeding upon a showing that the usual venue is
inconvenient.

What the petition must contain

Section 159.044 has an unusually detailed checklist. It asks for identities and
confidential identification, residence, spouse and second-degree relatives,
the proposed guardian's qualifications and history, recent documentation of
need, the requested general or special role, the adult's property and income
for an estate appointment, caregiver information, specific requested powers,
abuse-referral and litigation facts, existing powers of attorney or guardian
nomination, and recent bankruptcy history. It also requires an attestation that
the adult received information about less restrictive alternatives.

The court may separately require a proposed preliminary care plan and budget
under § 159.0445.

Proof required for appointment

Section 159.055 places the burden on the petitioner and requires clear and
convincing evidence that the requested personal, estate, or combined authority
is necessary. Nevada's § 159.019 definition ties general incapacity to an
inability to receive and evaluate information or make or communicate decisions
so severe that the adult cannot meet essential health, safety, or self-care
requirements without help. Under § 159.054, limited capacity plus need supports
a special guardian; lack of incapacity and lack of need require dismissal.

Alternatives the court must address

The 2025 amendments made alternatives part of the filing and evidence record.
Section 159.0215 names financial and health-care powers of attorney and a
supported decision-making agreement as examples. Section 159.044 requires the
adult to receive alternatives information and requires the physician needs
assessment to determine whether alternatives are available and sufficient to
support the adult's needs.

Notice, service, and hearing timing

Sections 159.047 and 159.0475 require citation and the petition to go to the
adult regardless of the adult's ability to understand them, as well as the
spouse and specified relatives, caregivers, proposed guardian, and certain
benefit agencies when applicable. Personal service on the adult is ordinarily
at least 10 days before the hearing. A court-authorized alternative method
requires 20 days. Other required recipients ordinarily receive certified mail
at least 20 days before the hearing or personal service at least 10 days before
it. Section 159.034 separately uses a 10-day rule for ordinary hearing notices
within the guardianship proceeding.

Counsel and hearing rights

Section 159.0485 requires the court to appoint counsel as soon as the petition
is filed unless the adult chooses or already has retained counsel. The citation
must state the adult's right to appear and oppose the petition under § 159.048.

An adult found in Nevada ordinarily must attend. Under § 159.0535, the court permits
absence when a physician, psychiatrist, or other court-approved qualified
person supplies the required certificate, or when the adult waives appearance
through counsel. An adult unable to appear physically under such a certificate
may participate by telephone or real-time audio-video communication.

Medical evidence or court evaluator

The petition itself must include recent documentation under § 159.044, usually
a qualifying certificate that addresses need, danger, hearing attendance and
comprehension, and ability to live independently. Before the court makes its
finding, a licensed physician must also complete the needs assessment tying
capacity limits to safety and basic needs and addressing whether alternatives
are available and sufficient.

An investigator is optional under § 159.046. If appointed, the investigator may
locate services and relatives, examine competing interests and allegations,
assess the proposed guardian, and report on the proper scope and any special
powers. A guardian ad litem is a separate discretionary best-interests role
under § 159.0455 and does not replace the adult's attorney.

Limits on the order

Under §§ 159.054 and 159.055, a special-guardian order must specify the powers
and duties justified by limited capacity, while a general order must identify
whether authority covers the person, estate, or both. The order also identifies
required bond and notice recipients.

Emergency authority uses different statutes and thresholds. Sections 159.0523
and 159.0525 create separate personal/medical-risk and financial-loss routes.
Each begins with a 10-day temporary appointment, limits authority to the
immediate problem, and permits extension only under the statutes' notice,
proof, and duration rules.

What trips people up

Nevada's timing depends on both the recipient and the delivery method. The
adult's ordinary personal-service period is 10 days. Certified mail to another
required recipient is 20 days, while personal service on that recipient is 10
days. A flat statement that "Nevada notice is 10 days" misses the certified-
mail and court-authorized alternative-service rules in § 159.0475.

The petition certificate and the physician needs assessment are also distinct.
Section 159.044 requires recent documentation with the petition, while
subsection 3 requires a licensed-physician needs assessment before the court's
finding. The statute treats them as separate obligations even though both use
medical evidence.

Common questions

Does Nevada appoint a conservator for finances?

Not under this ordinary adult chapter. Sections 159.017 and 159.0487 use
guardian of the estate for property authority. Other-state conservatorship
terminology may appear in interstate proceedings, but the Nevada appointment
described here uses guardian terminology.

Can the court give only selected powers?

Yes. Under § 159.054, limited capacity and need can support a special guardian,
and the order must specify that guardian's powers and duties.

Is the court investigator mandatory in every case?

No. Section 159.046 says the court may appoint one. The medical documentation
and physician needs assessment required by § 159.044 are separate from that
optional investigation.

Statutes and sources

• NRS §§ 159.017, 159.019, 159.0215, and 159.022 — roles, incapacity,
  limited capacity, and less restrictive alternatives. Official chapter
  (accessed July 18, 2026).
• NRS §§ 159.037, 159.044, and 159.0445 — venue, standing, petition
  checklist, medical support, needs assessment, and possible preliminary plan.
  Official chapter
  (accessed July 18, 2026).
• NRS §§ 159.0455–159.0487 and 159.0535 — guardian ad litem,
  investigator, citation, service, counsel, role types, and attendance.
  Official chapter
  (accessed July 18, 2026).
• NRS §§ 159.054–159.055 — dismissal, special or general appointment,
  burden, and order contents. Official chapter
  (accessed July 18, 2026).
• NRS §§ 159.0523 and 159.0525 — temporary personal/medical-risk and
  financial-loss appointments. Official chapter
  (accessed July 18, 2026).