Nevada
Overview
Guardianship Laws
Nev. Rev. Stat. Ann. §§ 159.013 to .203; 253.150 to .250
Supported Decision-Making
Supported Decision-Making Statute
- Nev. Rev. Stat. § 162C.010–.330 (2019).
- Link to Nevada Code: https://www.leg.state.nv.us/NRS/NRS-162C.html
- Link to Enacted Bill: https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6930/Text#
(search completed 04/12/2021)
State Legislation
- Assem. B. 480, 80th Reg. Sess. (Nev. 2019)
- Description: Codifies Supported Decision-Making and recognizes Supported Decision-Making Agreements.
- Status: Effective July 1, 2019.
- Public link [www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6930/Overview]
- S.B. 20, 80th Reg. Sess. (Nev. 2019)
- Description: The original pre-filed bill would have incorporated SDM as a less-restrictive alternative consistent with the Uniform Guardianship, Conservatorship, and Other Protective Proceedings Act. The enacted version does not include reference to SDM.
- Status: Signed by Governor on May 29, 2019 and chaptered May 30, 2019
- Public Link [www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/5880/Overview]
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Case Law & Court Orders
In the Matter of the Guardianship of the Person and Estate of KH, Case No PR03-00264 (2nd Judicial District Court, County of Washoe, NV, 9/11/2017)
State Grant Programs
2016/2017 Grantee: The Second Judicial District Court of the State of Nevada (https://www.washoecourts.com/)
- Summary: The grantee and committed stakeholders have worked to develop and implement a statewide educational outreach initiative to engage persons who may need assistance and their supporters (e.g. family, friends, community care providers, hospital administrators, educators, advocates, and public officials) in a conversation on person-centered planning and alternatives to guardianship that may include supported decision-making agreements.
- Contacts: Frances M. Doherty, District Judge, Second Judicial District Court, Frances.Doherty@washoecourts.us, 775-328-3470; Mallory Nelson, J.D., Case Compliance Specialist – Adult Guardianships, Second Judicial District Court, Mallory.Nelson@washoecourts.us, 775-328-3164
Other Resources
- Nevada codified a durable power of attorney for health care decisions form for adults with intellectual disabilities. The form allows the individual to designate a person to act as an agent for health care decisions. The form indicates that when the individual is sick or hurt, the doctors will speak with both the agent and the individual. The agent will then “help [the individual] decide what care or treatment [they] should receive.” The form focuses on the agent as helping the individual make decisions regarding medical treatment instead of acting as a substitute decision maker. See Nev. Rev. Stat. Ann. § 162A.865.
- Nevada Supreme Court’s Commission studied the administration of guardianships in Nevada’s courts, and issued a Final Report in September 2016 that supported the application for a grant through NRC-SDM “in an effort to expand knowledge of the Supported Decision-Making Process and its agreements as an alternative to guardianship.”
- Website: Nevada Governor’s Council on Developmental Disabilities website on Supported Decision Making, including updates and a Durable Power of Attorney form
Link: www.nevadaddcouncil.org/supported-decision-making/ - PowerPoint: Nevada Presentation at NRC-SDM National Symposium (June 2019)
- Website: Second Judicial District Court, Washoe County, Alternatives to Guardianship
Link: www.washoecourts.com/AdultGuardianship/AlternativesToGuardianship
(search completed 04/12/2021)
Information Last Updated: July 21, 2022