Nevada parents can name preferred guardians for courts to consider

A parent or guardian may complete a form naming someone they want appointed as a minor’s guardian. The form can name a guardian for the child, the child’s estate, or both. It can name a backup and state that the parent does not want a private, for-profit guardian. The form must be signed by the parent or guardian, two impartial adult witnesses, and a notary. The person named must petition the court and receive an appointment before acting as guardian. The law took effect upon passage and approval.

A court presumes temporary guardianship of a minor’s person is in the child’s best interest in a specified situation. It applies while no parent has care, custody, and control of the child because one or both parents are separated from the child due to a federal immigration order. The presumption does not itself appoint a guardian; a petitioner must ask the court, and the court may appoint one. The presumption applies during the period when no parent has care, custody, and control of the child because of that separation.

The Secretary of State may provide limited access to guardian nomination forms in the Nevada Lockbox. The provision applies if the Nevada Lockbox is established and covers forms naming a guardian for an adult or a minor. Access may be provided to a court, hospital, law enforcement agency, or other entity that needs to check whether someone designated a guardian. Those requesters generally may see only guardian nomination forms; a court may view other documents as needed to check for multiple guardian designations. The law took effect upon passage and approval.