NRS 159A.061. Presumed suitability of parent to care for and serve as guardian for proposed protected minor; exception; considerations in determining qualifications and suitability of guardian [Effective through June 30, 2026.]

1. 1. The parents of a proposed protected minor, or either parent, are presumed suitable to care for the proposed protected minor and it is presumed to be in the best interest of the proposed protected minor to be cared for by a qualified and suitable parent.

2. 2. Except as otherwise provided in subsection 3, a parent is presumed to be suitable to serve as guardian for the proposed protected minor unless:

   1. (a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:

      1. (1) Food;
      2. (2) Shelter;
      3. (3) Clothing;
      4. (4) Medical care; and
      5. (5) Education;
   2. (b) Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor; or
   3. (c) The proposed protected minor has not been in the care, custody and control of the parent for the 6 months immediately preceding the filing of the petition.
3. 3. If a proposed protected minor has been in the care, custody and control of a person who is not a parent for the 6 months immediately preceding the filing of a petition for the appointment of a guardian, a parent must prove that the provisions of paragraph (a) or (b) of subsection 2 do not apply to the parent.

4. 4. In evaluating a petition for the appointment of a guardian, the court shall determine the suitability of each parent of the proposed protected minor and the proposed guardian for the proposed protected minor by considering, if applicable and without limitation:

   1. (a) With whom the proposed protected minor lives and how long the proposed protected minor has lived with that person;
   2. (b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking into consideration any special needs of the proposed protected minor;
   3. (c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of cannabis in accordance with the provisions of chapter 678C of NRS;
   4. (d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;
   5. (e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony; and
   6. (f) Whether the parents, parent or other person has engaged in one or more acts of domestic violence against the proposed protected minor, a parent of the proposed protected minor or any other person who resides with the proposed protected minor.
5. 5. Subject to the presumptions set forth in subsection 1 and except as otherwise provided in subsection 9, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.
6. 6. Except as otherwise provided in subsection 7, the court may not appoint a guardian for a proposed protected minor without the consent of the proposed protected minor if the proposed protected minor is 14 years of age or older.
7. 7. If the minor will not consent to the appointment of a guardian and the proposed guardian is otherwise found qualified and suitable pursuant to this section, the petitioner must show by clear and convincing evidence that the award of the guardianship to the person who is the most suitable and willing to serve is necessary and in the best interests of the proposed protected minor.

8. 8. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsections 2 and 4, give consideration, among other factors, to:

   1. (a) Any nomination of a guardian for the proposed protected minor contained in a will, a form requesting to nominate a guardian of a minor that is executed in accordance with NRS 159A.0753 or other written instrument executed by a parent of the proposed protected minor.
   2. (b) Subject to subsections 6 and 7, any request made by the proposed protected minor.
   3. (c) The relationship by blood or adoption of the proposed guardian to the proposed protected minor.
   4. (d) Any recommendation made by a master of the court or special master pursuant to NRS 159A.0615.

   5. (e) Any recommendation made by:

      1. (1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or
      2. (2) A guardian ad litem or court appointed special advocate who represents the proposed protected minor.
   6. (f) Any request for the appointment of any other interested person that the court deems appropriate.
9. 9. The court may award temporary guardianship pursuant to this section, supported by findings of suitability, pending a trial or evidentiary hearing if that appointment is supported by findings.
10. 10. Notwithstanding the presumption set forth in subsection 2, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.
11. 11. In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.

12. 12. A court shall not refuse to appoint a person as a guardian of the person or estate of a proposed protected minor solely because the person:

    1. (a) Is deaf, is blind or has another physical disability; or
    2. (b) Is the holder of a valid registry identification card.

13. 13. As used in this section:

    1. (a) “Blind” has the meaning ascribed to it in NRS 426.082.

    2. (b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 678C.080 that identifies the person as:

       1. (1) Exempt from state prosecution for engaging in the medical use of cannabis; or
       2. (2) A designated primary caregiver as defined in NRS 678C.040.

(Added to NRS by 2017, 828; A 2019, 2758, 3844; 2025, 1703, 2765)