VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN
(Guardianship of the [Person] / [Estate] / [Person and Estate] of [FULL LEGAL NAME OF PROPOSED PROTECTED PERSON])
[// GUIDANCE: File in the Probate Division of the Nevada District Court for the county in which the Proposed Protected Person resides or is found. Use local caption formatting rules.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations & Requests
3.1 Jurisdiction and Venue
3.2 Parties and Capacity Statements
3.3 Basis for Guardianship & Required Findings
3.4 Nomination & Priority of Appointment
3.5 Guardianship Standards Compliance
3.6 Bond Requirement & Liability Caps
3.7 Inventory of Assets / Proposed Budget
3.8 Reporting & Accountings Commitment
3.9 Protective and Injunctive Relief Requested - Representations & Warranties of Petitioner
- Covenants & Ongoing Duties of Proposed Guardian
- Default & Remedies
- Risk Allocation (Fiduciary Duty / Indemnification)
- Dispute Resolution Mechanisms
- General Provisions
- Verification
- Execution Block
- Notary Acknowledgment
- Certificate of Service
1. DOCUMENT HEADER
IN THE DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [COUNTY NAME]
PROBATE DIVISION
| In the Matter of the Guardianship of | Case No. _____ |
| [FULL LEGAL NAME OF PROPOSED PROTECTED PERSON], | Dept. No. __ |
| [an Adult/Minor], | VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN |
Date: [____]
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below. Undefined capitalized terms shall have the meanings attributed to them under the Nevada Guardianship Statutes and applicable Probate Court rules.
“Accountings” – The periodic financial reports required to be filed with the Court regarding the financial status of the guardianship estate.
“Bond” – The fiduciary bond required under Nevada law and any corresponding local Probate Court rule, securing faithful discharge of the Guardian’s duties.
“Court” – The Probate Division of the District Court for the County of [COUNTY], State of Nevada.
“Guardian” – The individual or entity sought to be appointed herein to act on behalf of the Protected Person.
“Guardianship Standards” – Collectively, the statutory duties, ethical obligations, and best practices imposed on Nevada guardians, including those set forth in Nevada Revised Statutes, court rules, and applicable administrative guidelines.
“Petitioner” – The person(s) submitting this Petition and seeking appointment of a Guardian.
“Protected Person” – The alleged incapacitated adult or minor child for whom guardianship is sought.
3. OPERATIVE ALLEGATIONS & REQUESTS
3.1 Jurisdiction and Venue
3.1.1 Petitioner alleges that the Court has subject-matter jurisdiction pursuant to Nevada guardianship statutes governing the appointment of guardians over the [person/estate/person and estate] of a [minor/incapacitated adult].
3.1.2 Venue is proper in [COUNTY] because the Proposed Protected Person [resides in / is physically present in] said county.
3.2 Parties and Capacity Statements
3.2.1 Petitioner: [FULL LEGAL NAME], [relationship to Protected Person], residing at [address].
3.2.2 Proposed Guardian: [FULL LEGAL NAME], age [__], domiciled at [address], qualified and willing to serve.
3.2.3 Protected Person: [FULL LEGAL NAME], [DOB], currently located at [facility/home address].
3.3 Basis for Guardianship & Required Findings
3.3.1 The Protected Person is alleged to be [a minor / an adult who, by reason of [describe incapacity], is incapable of managing personal and/or financial affairs].
3.3.2 Less restrictive alternatives have been considered and determined to be insufficient. [Briefly describe considered alternatives.]
3.3.3 Appointment of a Guardian is necessary to provide for the health, safety, maintenance, and/or property management needs of the Protected Person.
3.4 Nomination & Priority of Appointment
3.4.1 Petitioner asserts priority for appointment under Nevada law based on [relationship / written nomination / lack of higher-priority candidates].
3.4.2 Attached hereto as Exhibit “A” is the Nomination of Guardian executed by [Protected Person / parent / other authorized party], if applicable.
3.5 Guardianship Standards Compliance
3.5.1 Proposed Guardian affirms understanding of and agrees to comply with all Guardianship Standards, including training, record-keeping, and decision-making duties.
3.5.2 Proposed Guardian will exercise independent judgment, avoid conflicts of interest, and act solely in the best interests of the Protected Person.
3.6 Bond Requirement & Liability Caps
3.6.1 Pursuant to Nevada law and local rule, Petitioner requests that the Court set a Bond in the amount of $[__], calculated based on the estimated value of the guardianship estate plus projected annual income.
3.6.2 The Bond shall serve as the sole monetary cap on Guardian liability absent intentional misconduct or gross negligence.
3.7 Inventory of Assets / Proposed Budget
3.7.1 An initial Inventory (Exhibit “B”) identifying all known assets and liabilities of the Protected Person is filed concurrently herewith.
3.7.2 A preliminary annual budget is included within Exhibit “B” for Court review and approval.
3.8 Reporting & Accountings Commitment
3.8.1 Guardian shall file an initial report within 60 days of appointment and annual Accountings thereafter, or more frequently as ordered.
3.8.2 All reports shall conform to statutory content requirements and include supporting documentation.
3.9 Protective and Injunctive Relief Requested
3.9.1 Petitioner requests immediate issuance of protective orders restraining any person from interfering with the person or estate of the Protected Person pending hearing.
3.9.2 Petitioner further seeks such injunctive or equitable relief as the Court deems necessary to prevent irreparable harm.
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Petitioner has made diligent inquiry into the facts stated herein and verifies that such facts are true to the best of Petitioner’s knowledge, information, and belief.
4.2 Petitioner has disclosed to the Court any prior criminal convictions, bankruptcies, or adverse civil judgments that could impact suitability.
4.3 All exhibits and schedules attached hereto are true, correct, and complete.
4.4 These representations survive submission of this Petition and continue until final discharge of the Guardian.
5. COVENANTS & ONGOING DUTIES OF PROPOSED GUARDIAN
5.1 Guardian shall fulfill all duties imposed by law, including duty of loyalty, prudence, and impartiality.
5.2 Guardian shall seek Court approval before (a) disposing of real property, (b) making extraordinary expenditures, or (c) engaging in any self-dealing transaction.
5.3 Guardian shall maintain accurate contemporaneous records and permit reasonable inspection by interested persons as ordered by the Court.
5.4 Guardian shall notify the Court within 30 days of any change in residence of the Protected Person or Guardian.
6. DEFAULT & REMEDIES
6.1 An Event of Default occurs upon (a) failure to file required reports, (b) misuse of guardianship funds, (c) breach of fiduciary duty, or (d) violation of Court order.
6.2 Upon Default, the Court may:
a. Issue an order to show cause;
b. Suspend powers of the Guardian;
c. Revoke letters of guardianship;
d. Surcharge the Guardian and recover against the Bond;
e. Award attorney fees and costs to the estate or interested parties.
7. RISK ALLOCATION (FIDUCIARY DUTY / INDEMNIFICATION)
7.1 Guardian acknowledges personal fiduciary liability for losses resulting from breach of duty, subject to the Bond requirement in Section 3.6.
7.2 To the extent permitted by law, the guardianship estate shall indemnify the Guardian from third-party claims arising out of good-faith performance of guardianship duties, except for losses caused by willful misconduct or gross negligence.
8. DISPUTE RESOLUTION MECHANISMS
8.1 Governing Law: This matter is governed by the laws of the State of Nevada (“state_guardianship_law”).
8.2 Forum Selection: Exclusive jurisdiction lies with the Probate Division of this Court (“state_probate_court”).
8.3 Arbitration: Not available for guardianship proceedings.
8.4 Jury Waiver: Jury trials are unavailable in this statutory probate context (“no_jury_probate_court”).
8.5 Injunctive Relief: The Court retains authority to issue temporary and permanent protective orders as necessary.
9. GENERAL PROVISIONS
9.1 Amendment and Waiver: Any amendment to the powers granted herein requires Court approval.
9.2 Assignment: Guardianship powers are non-delegable except as specifically authorized by statute or Court order.
9.3 Successors: Upon the death, resignation, or removal of the Guardian, successor guardianship proceedings shall be initiated pursuant to Nevada law.
9.4 Severability: If any provision of this Petition is determined to be unenforceable, the remaining provisions shall remain in full force.
9.5 Integration: This Petition, together with all exhibits and Court-approved modifications, constitutes the entire request for relief.
9.6 Electronic Signatures: Allowed to the extent recognized under Nevada’s Uniform Electronic Transactions Act and local e-filing rules.
10. VERIFICATION
I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Nevada that the foregoing statements are true and correct, except as to matters stated on information and belief, and as to those matters, I believe them to be true.
Date: ________
Signature: _____
[PETITIONER NAME]
11. EXECUTION BLOCK
Submitted by:
[ATTORNEY NAME], Esq.
Nevada Bar No. [__]
[Law Firm Name]
[Address]
Phone: [--]
Email: [_____]
Attorney for Petitioner
12. NOTARY ACKNOWLEDGMENT
State of Nevada )
County of [_] ) ss:
On this _ day of ___, 20, before me, the undersigned Notary Public, personally appeared _____, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that (s)he executed the same in authorized capacity, and that by signature on the instrument the person executed the instrument.
Witness my hand and official seal.
Notary Public for Nevada
My Commission Expires: ____
13. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of __, 20, I served a true and correct copy of this Verified Petition upon the following persons by [U.S. Mail / electronic service] as permitted by local rule:
• [List names and addresses of all “Interested Persons,” including the Protected Person, next of kin, and any nominated guardians.]
[ATTORNEY NAME], Esq.
[// GUIDANCE:
1. Attach all required exhibits (Physician’s Certificate, Nomination forms, Inventory, Proposed Orders).
2. Double-check local county probate rules for additional filing requirements (e.g., background check, credit report, training certificate).
3. If guardianship over a minor, adjust statutory references and allegations accordingly (Chapter 159A).
4. Calendar the hearing date within statutory timelines and serve notice in strict conformity with service rules.
5. Maintain contemporaneous records for first annual accounting to preserve Bond coverage.]