Moving the Protected Person, and Dealing with Emergencies

A guardian must provide notice and/or get court permission before moving a protected person.  The guardian can take temporary action if there is an emergency, but still has to provide the court and interested persons with notice.  If you are planning to move the protected person, or if you are a guardian who had to move the protected person because of an emergency, read this section to find out the forms you must file to provide notice or get proper permission.

 

Moving Inside Nevada

If the protected person will be living at a place other than their usual residence for three days or more, the guardian must give notice to any interested persons. 

The guardian should fill out the form below, file it at the court, and serve it on all interested persons.  Those notified have 10 business days to object.  If no one objects, the guardian can move the protected person. 

Notice of Intent to Move Protected Person (pdf)

 

Emergencies / Hospitalizations

If there is an emergency and the guardian needs to act immediately, the guardian does have the power to take any temporary action necessary (such as hospitalization).  The guardian must notify the court and all interested persons about the emergency and any actiont taken as soon as possible.  The guardian should fill out the form below, file it at the court, and serve all interested persons.

Notice of Emergency and/or Hospitalization (pdf)

 

Moving Out of Nevada

Before moving out of Nevada, the guardian must get court permission to move the protected person.  The paperwork should explain where the guardian plans to move the protected person and why.  All of the same relatives who were served with the original guardianship paperwork must be served with the guardian's request to relocate with the protected person. 

The guardian will have to appear at a hearing and explain the reasons for the move to the judge.  Anyone opposed to the move may also attend the hearing and object.

If the judge approves the move, the guardian will have to file for guardianship in the new state after moving.  This is usually called "Registering a Guardianship Order" (check with the new state's court to see if there are forms and instructions to help you with this).  After filing the case in the new state, the guardian must submit proof to the Nevada court that the guardianship case was successfully filed.

The instructions and forms needed to get court permission to move to another state are in the packet below.  Be sure to file all of the documents (with the required attachments) and follow all of the instructions.

Petition for Permission to Relocate (pdf)

 

Moving Into Nevada from Another State

If you were appointed the guardian (or conservator) in another state and obtained that court's permission to move with the protected person to Nevada, the other court probably required you to file your guardianship papers in Nevada.  This is called "transferring" the guardianship to Nevada so that all future issues can be handled by a Nevada court.

To transfer your guardianship to Nevada, you will need to file some papers in Nevada and set a hearing so the Nevada judge can make sure you are qualified under Nevada laws to serve as the guardian.   You will need to provide a certified copy of the order from the other court that says you have permission to move to Nevada with the protected person. 

All of the same relatives who were served with the original guardianship paperwork must be served with the guardian's request to transfer the case to Nevada.  The guardian will have to appear at a hearing, and if the guardian is qualified, the judge will sign a "provisional" order to accept the case.  The guardian will then have to formally terminate the case in the original state so Nevada can fully transfer the case.

The instructions and forms needed to transfer another state's guardianship matter are in the packet below.  Be sure to file all of the documents (with the required attachments) and follow all of the instructions to have your case properly transferred to Nevada.

Petition to Transfer Guardianship to Nevada (pdf)

 

IF YOU ARE THE GUARDIAN IN ANOTHER STATE BUT NEED TO CONDUCT BRIEF, TEMPORARY BUSINESS IN NEVADA ON BEHALF OF THE PROTECTED PERSON:

The original court may have told you to "register" your guardianship in Nevada so that you can take care of business in Nevada (such as, sell property, initiate or respond to a lawsuit, etc.).  If so, you can register your guardianship in Nevada by completing the Registration of Foreign Guardianship Order (pdf) packet and following all included instructions.  You must file a certified copy of your order appointing you the guardian and a certified copy of your letters of guardianship with the papers. 

Once you file the registration documents, you must file additional papers to set a hearing and explain to the Nevada judge why you registered your case in Nevada and what you intend to do as the guardian here.  You may need to file a "Petition for Authority to Sell Real Property" or a "Generic Petition" if none of the Self-Help Forms address your situation.  You can find a list of the different packets available to set a hearing on the Guardianship Forms page.