Adult Guardianship in Nevada
Reviewed by DocDraft Legal Team - Nevada - Last updated October 9, 2026
In Nevada the district court appoints a guardian of the person, of the estate, or of the person and estate for an adult who is "incapacitated" under NRS 159.019; the adult is the "proposed protected person" and, once appointed, the "protected person". Nevada does not use "conservator" for adults, and a person of "limited capacity" gets a "special guardian" (NRS 159.054(2)). The petitioner has the burden of proving by clear and convincing evidence that the appointment is necessary (NRS 159.055(1)). Nevada Supreme Court statewide guardianship forms exist, starting with Form #1, Petition for Appointment of Guardian(s) Over Adult. The court shall appoint an attorney for the proposed protected person upon the filing of the petition unless the person wishes to retain or has already retained one.
Find out where you stand in Nevada
What is happening with the adult you are concerned about?
DocDraft provides document preparation, not legal advice.
How does a court decide an adult needs a guardian in Nevada?
An adult is "incapacitated" (NRS 159.019) if unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance. The petitioner must prove by clear and convincing evidence that appointment is necessary.
Which court and which form start an adult guardianship in Nevada?
The petition goes to the district court of the county, where the statewide form is captioned "District Court ___ County, Nevada". The Nevada Supreme Court approved statewide guardianship forms, including Form #1, Petition for Appointment of Guardian(s) Over Adult, with a Confidential Information Sheet. Ask the court clerk about current requirements, because the court's own requirements control.
Does Nevada require a doctor's report for an adult guardianship?
Yes, in two parts. The petition must attach a certificate signed by a Nevada-licensed physician (or VA physician), a letter from a Nevada governmental investigating agency, or a certificate from another person the court finds qualified. Before the court makes its finding, the petitioner must also give the court a needs assessment completed by a licensed physician.
What rights does the proposed protected person have in a Nevada guardianship case?
The person is personally served at least 10 days before the hearing, or by court-approved non-publication alternative service at least 20 days before. An attorney is appointed at filing unless the person retains one. If found in Nevada, the person must attend unless a certificate states why they cannot and whether attendance would be detrimental, or counsel waives it.
Nevada's proposed protected person, physician needs assessment, and automatic attorney
Nevada uses its own vocabulary under NRS Chapter 159, titled Guardianship of Adults. The district court appoints a guardian of the person, of the estate, or of the person and estate, and the adult is the "proposed protected person" and then the "protected person"; Nevada does not use "conservator" for adults, and minors are handled separately in chapter 159A. A person of "limited capacity", meaning able to make some but not all decisions, gets a "special guardian" (NRS 159.022; 159.054(2)). "Incapacitated" means unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance, and the petitioner must prove by clear and convincing evidence that the appointment is necessary (NRS 159.019; 159.055(1)). Statewide forms approved by the Nevada Supreme Court begin with Form #1, Petition for Appointment of Guardian(s) Over Adult, and the court's own requirements control. Instead of a mandatory court investigator, Nevada requires a physician's certificate (or a Nevada governmental investigating agency letter, or a certificate from another person the court finds qualified) with the petition and, before the court makes its finding, a needs assessment by a licensed physician that addresses whether less restrictive alternatives are available and sufficient (NRS 159.044; 159.046). The court may appoint investigators and a guardian ad litem. Upon the filing of the petition the court shall appoint an attorney for the proposed protected person unless the person wishes to retain or has already retained one, with no request needed and no showing of indigency. Personal service on the person is required at least 10 days before the hearing, or by a court-authorized alternative method other than publication at least 20 days before (NRS 159.0475(1)(a)).
Relevant Laws
Nevada Revised Statutes 159.017 and 159.019 (Appointment and definition of incapacitated)
Authorizes guardians of the person, of the estate, or of the person and estate for incapacitated persons, and defines "incapacitated" as inability to receive and evaluate information or make or communicate decisions to the extent the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.
Nevada Revised Statutes 159.044, 159.054 and 159.055 (Petition, finding and burden of proof)
Sets the contents of the petition, including the physician's certificate and the needs assessment, the court's finding and special guardian for limited capacity, and the clear and convincing evidence burden on the petitioner.
Nevada Revised Statutes 159.0475 and 159.046 (Service and investigators)
Sets the 10-day and 20-day rules for serving the proposed protected person and allows the court to appoint investigators; NRS 159.0215 defines less restrictive alternatives. Chapter 159 also requires the court to appoint an attorney upon filing unless the person retains one.
Nevada Courts Statewide Guardianship Forms
Statewide guardianship forms approved by the Nevada Supreme Court (ADKT 0507), including the adult petition, Confidential Information Sheet, citation, certificate of mailing and declaration of service, and the State of Nevada Self-Help Center guardianship page.
Regional Variances
Nevada adult guardianship requirements
Court
District court of the county; the statewide petition form is captioned "District Court ___ County, Nevada".
Terms used
Guardian of the person, of the estate, or of the person and estate; "special guardian" for a person of "limited capacity"; guardian ad litem. The adult is the "proposed protected person" and then the "protected person". Nevada does not use "conservator" for adults (NRS Chapter 159).
Petition form
Nevada Supreme Court statewide Form #1, Petition for Appointment of Guardian(s) Over Adult, with Form #2, Confidential Information Sheet - Guardianship (Adult). Ask the court clerk about current requirements, because the court's requirements control.
Incapacity standard and proof
"Incapacitated": for reasons other than being a minor, unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance (NRS 159.019). Burden: the petitioner must prove by clear and convincing evidence that the appointment is necessary (NRS 159.055(1)).
Medical or evaluator report
A certificate signed by a Nevada-licensed physician (or VA physician), a letter from a Nevada governmental investigating agency, or a certificate from another person the court finds qualified, attached to the petition (NRS 159.044(2)(i)); and, before the court makes its NRS 159.054 finding, a needs assessment completed by a licensed physician (NRS 159.044(3)). The court may appoint investigators (NRS 159.046).
Notice and service
Citation and petition personally served on the proposed protected person under the Nevada Rules of Civil Procedure at least 10 days before the hearing, or by a court-authorized alternative method other than publication at least 20 days before (NRS 159.0475(1)(a)); required even if the person lacks capacity to understand it. Other required recipients get certified mail at least 20 days before or personal service at least 10 days before.
Right to counsel
Upon filing, the court shall appoint an attorney unless the proposed protected person wishes to retain or has already retained one. Appointment is not on request and is not limited to indigent persons.
Less restrictive alternatives
Includes, without limitation, a durable power of attorney for financial matters, a durable power of attorney for health care, and a supported decision-making agreement (NRS 159.0215). The petition attests that information on them was provided (NRS 159.044(2)(t)); the needs assessment addresses whether they are available and sufficient (NRS 159.044(3)).
Emergency guardian
Person: temporary guardian for 10 days if the court finds reasonable cause to believe the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention, with a physician certificate, governmental agency letter or police report; hearing within 10 days on extension, which requires clear and convincing evidence and, beyond 10 days, notice given or publication under way; further extensions for good cause for not more than two successive 60-day periods and not longer than 5 months unless extraordinary circumstances are shown (NRS 159.0523).
Bond and reports
Bond set by the court unless excepted, for example none if the protected person has no assets (NRS 159.065). Estate inventory not later than 60 days after appointment (NRS 159.085). Person report annually within 60 days after the appointment anniversary (NRS 159.081); estate account annually within 60 days after the anniversary (NRS 159.177). The court reviews every guardianship annually (NRS 159.176).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney for financial matters, a durable power of attorney for health care, or a supported decision-making agreement would meet the need (NRS 159.0215). The petition must attest that information on less restrictive alternatives was given to the proposed protected person, and the physician's needs assessment addresses whether they are available and sufficient.
Obtain the physician's certificate and needs assessment
Certificate with the petition; needs assessment before the court's finding days after startingThe petition must attach a certificate signed by a Nevada-licensed physician (or VA physician), a letter from a Nevada governmental investigating agency, or a certificate from another person the court finds qualified. Before the court makes its NRS 159.054 finding, the petitioner must also provide a needs assessment completed by a licensed physician.
File the petition in district court
At filing days after startingFile Form #1, Petition for Appointment of Guardian(s) Over Adult, with the Confidential Information Sheet and the physician's certificate in the district court of the county. Ask the court clerk about current requirements and fees; the court's requirements control.
Serve the proposed protected person and others entitled to notice
At least 10 days before the hearing for personal service; at least 20 days for alternative service days after startingPersonally serve the citation and petition on the proposed protected person at least 10 days before the hearing, or use a court-authorized alternative method other than publication at least 20 days before. Other required recipients get certified mail at least 20 days before or personal service at least 10 days before. The server files an affidavit.
Calendar bond, inventory and reports
After appointment days after startingFile the court-set bond unless excepted, for example none if the protected person has no assets. A guardian of the estate files a verified inventory not later than 60 days after appointment, or further time the court allows. Annual reports and accounts are due within 60 days after the appointment anniversary, and a guardian of the person reports within 10 days of moving the person to a secured residential long-term care facility.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney for financial matters, a durable power of attorney for health care, or a supported decision-making agreement would meet the need (NRS 159.0215). The petition must attest that information on less restrictive alternatives was given to the proposed protected person, and the physician's needs assessment addresses whether they are available and sufficient. | durable-power-of-attorney | Before filing |
| Obtain the physician's certificate and needs assessment | The petition must attach a certificate signed by a Nevada-licensed physician (or VA physician), a letter from a Nevada governmental investigating agency, or a certificate from another person the court finds qualified. Before the court makes its NRS 159.054 finding, the petitioner must also provide a needs assessment completed by a licensed physician. | - | Certificate with the petition; needs assessment before the court's finding |
| File the petition in district court | File Form #1, Petition for Appointment of Guardian(s) Over Adult, with the Confidential Information Sheet and the physician's certificate in the district court of the county. Ask the court clerk about current requirements and fees; the court's requirements control. | - | At filing |
| Serve the proposed protected person and others entitled to notice | Personally serve the citation and petition on the proposed protected person at least 10 days before the hearing, or use a court-authorized alternative method other than publication at least 20 days before. Other required recipients get certified mail at least 20 days before or personal service at least 10 days before. The server files an affidavit. | - | At least 10 days before the hearing for personal service; at least 20 days for alternative service |
| Calendar bond, inventory and reports | File the court-set bond unless excepted, for example none if the protected person has no assets. A guardian of the estate files a verified inventory not later than 60 days after appointment, or further time the court allows. Annual reports and accounts are due within 60 days after the appointment anniversary, and a guardian of the person reports within 10 days of moving the person to a secured residential long-term care facility. | - | After appointment |
Frequently Asked Questions
Other Nevada guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.
Get Started