Nev. Rev. Stat. § 159.0753

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 159.0753 - Requirements; form; Secretary of State to make form available; regulations

1. Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so:

(a) If nominating a guardian of the estate, pursuant to NRS 162A.250;

(b) If nominating a guardian of the person, pursuant to NRS 162A.800; or

(c) By completing a form requesting to nominate a guardian in accordance with this section.

2. A form requesting to nominate a guardian pursuant to this section must be:

(a) Signed by the person requesting to nominate a guardian;

(b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and

(c) Notarized.

3. A request to nominate a guardian pursuant to this section may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

REQUEST TO NOMINATE GUARDIAN

I, .................... (insert your name), residing at ................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:

1. As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.

2. This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).

3. Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.

4. I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

5. If .................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

6. I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.

(YOU MUST DATE AND SIGN THIS DOCUMENT)

I sign my name to this document on ................. (date)

..........................................................................................

(Signature)

(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)

I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.

..........................................................

(Signature of first witness)

..........................................................

(Print name)

..........................................................

(Date)

..........................................................

(Signature of second witness)

..........................................................

(Print name)

..........................................................

(Date)

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

State of Nevada }

}

County of ........................... }

On this .......... day of ..............., in the year ......., before me, .................... (insert name of notary public), personally appeared .................... (insert name of principal), .................... (insert name of first witness) and .................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument.

..........................................................

(Signature of notarial officer)

(Seal, if any)

4. The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

5. The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.

NRS 159.0753

Added to NRS by 2017, 4358; A 2019, 32, 419, 1730; 2021, 978

Amended by 2021, Ch. 209,§30, eff. 10/1/2021.

Amended by 2019, Ch. 296,§1, eff. 10/1/2019.

Amended by 2019, Ch. 79,§1, eff. 10/1/2019.

Amended by 2019, Ch. 5,§5, eff. 4/22/2019.

Added by 2017, Ch. 599,§2, eff. 1/1/2018.