Nev. Rev. Stat. § 159.183

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

Section 159.183 - Compensation and expenses of guardian

1. Subject to the discretion and approval of the court and except as otherwise provided in subsection 5, a guardian must be allowed:

(a) Reasonable compensation for the guardian's services;

(b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and

(c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.

2. Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:

(a) The nature of the guardianship;

(b) The type, duration and complexity of the services required; and

(c) Any other relevant factors.

3. In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the protected person. In evaluating the ability of a protected person to pay such compensation and expenses, the court may consider:

(a) The nature, extent and liquidity of the assets of the protected person;

(b) The disposable net income of the protected person;

(c) Any foreseeable expenses; and

(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.

4. Any compensation or expenses, including, without limitation, attorney's fees, must not be paid from the estate of the protected person unless and until the payment of such fees is approved by the court pursuant to this section or NRS 159.344, as applicable.

5. A guardian is not allowed compensation or expenses, including, without limitation, attorney's fees, for services incurred by the guardian as a result of a petition to have him or her removed as guardian if the court removes the guardian.

NRS 159.183

Added to NRS by 1969, 431; A 2003, 1797; 2005, 818; 2011, 999; 2017, 2560, 3919

Amended by 2017, Ch. 552,§35.5, eff. 1/1/2018.

Amended by 2017, Ch. 390,§30, eff. 7/1/2017.

Added to NRS by 1969, 431; A 2003, 1797; 2005, 818; 2011, 999