Nev. Rev. Stat. § 159.0535

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

Section 159.0535 - Attendance of proposed protected person at hearing

1. A proposed protected person who is found in this State must attend the hearing for the appointment of a guardian unless:

(a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person;

(b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected person, the reasons why the proposed protected person is unable to appear in court and whether the attendance of the proposed protected person at the hearing would be detrimental to the physical or mental health of the proposed protected person; or

(c) The proposed protected person, through court-appointed or retained counsel, waives his or her appearance.

2. A proposed protected person found in this State who cannot attend the hearing for the appointment of a temporary, general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by telephone or by videoconference or any other means that uses audio-video communication.

3. If the proposed protected person is not in this State, the proposed protected person must attend the hearing only if the court determines that the attendance of the proposed protected person is necessary in the interests of justice.

4. As used in this section, "audio-video communication" means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.

NRS 159.0535

Added to NRS by 1981, 1932; A 2003, 1781; 2009, 2522; 2013, 915; 2017, 875, 2555; 2019, 1238

Amended by 2019, Ch. 223,§23.7, eff. 7/1/2019.

Amended by 2017, Ch. 390,§24, eff. 7/1/2017.

Amended by 2017, Ch. 172,§176, eff. 7/1/2017.

Amended by 2013, Ch. 224,§14, eff. 10/1/2013.

Added to NRS by 1981, 1932; A 2003, 1781; 2009, 2522