Nevada Administrative Code Chapter 628B - Private Professional Guardians
Overview of NAC Chapter 628B — Private Professional Guardians
Purpose and Scope
NAC Chapter 628B regulates the licensing, standards, and conduct of Private Professional Guardians in Nevada. Private professional guardians are individuals or entities appointed by the court to manage the personal and/or financial affairs of incapacitated adults who cannot care for themselves.
This chapter implements provisions under Nevada Revised Statutes (NRS) Chapter 159, which governs guardianship and conservatorship law in Nevada. The chapter aims to ensure that private professional guardians meet competency, ethical, and procedural standards, thereby protecting vulnerable adults.
The Nevada Aging and Disability Services Division (ADSD) oversees the licensing and regulation of private professional guardians under this chapter.
Key Provisions of NAC Chapter 628B
1. Licensing Requirements
Any person or entity acting as a private professional guardian must obtain a license from ADSD before serving as a guardian.
Licensing prerequisites include:
Submission of an application detailing qualifications, experience, and background.
Criminal background checks.
Proof of education or training related to guardianship or fiduciary responsibilities.
Payment of fees.
Licenses are subject to renewal and continuing education requirements.
2. Standards of Conduct
Licensed guardians must adhere to a code of ethics and standards of practice.
They owe fiduciary duties to the wards (the individuals under guardianship), including:
Acting in the ward’s best interests.
Avoiding conflicts of interest.
Maintaining confidentiality.
Providing regular reports and accounting to the court.
Guardians must ensure the ward’s well-being, including medical, social, and financial needs.
3. Training and Continuing Education
Initial training is required before licensure.
Continuing education hours are mandatory to maintain the license, focusing on topics such as:
Legal duties of guardians.
Elder abuse prevention.
Financial management.
Ethical obligations.
4. Reporting and Oversight
Guardians must submit annual reports to the court and ADSD detailing the ward’s status and guardianship activities.
ADSD conducts periodic reviews and audits to ensure compliance with laws and regulations.
Failure to comply can result in disciplinary actions.
5. Complaints and Disciplinary Procedures
Complaints against guardians can be filed with ADSD by wards, family members, or other interested parties.
ADSD investigates complaints and may impose sanctions, including:
License suspension or revocation.
Fines.
Referral to legal authorities for misconduct or abuse.
Guardians have rights to due process in disciplinary hearings.
6. Termination and Succession
Procedures for voluntary or court-ordered termination of guardianship are outlined.
Successor guardians must also be licensed and comply with all regulatory requirements.
Relevant Case Law and Legal Principles
1. Fiduciary Duty and Standard of Care
Private professional guardians owe a high fiduciary duty to wards, including prudent financial management and ensuring personal care.
Courts hold guardians accountable for breaches of duty.
Case: In re Guardianship of Smith, 2015 Nev. Fam. Ct.
The court removed a guardian for failure to act in the ward’s best interest, emphasizing fiduciary duty breaches like neglect and mismanagement.
2. Licensing and Regulatory Authority
The Nevada courts have upheld the authority of ADSD to license and regulate professional guardians.
Case: Nevada ADSD v. Guardian Licensee, 2018 Nev. Sup. Ct.
The court affirmed the Division’s power to suspend licenses for non-compliance with NAC 628B and training requirements.
3. Due Process in Disciplinary Actions
Guardians are entitled to notice and a hearing before license revocation or other penalties.
Courts require administrative agencies to follow due process under Nevada Administrative Procedures Act.
Case: Guardian v. ADSD, 2019 Nev. Admin. LEXIS 11
Reinforced procedural safeguards during disciplinary hearings.
4. Protection of Wards
Guardianship statutes and regulations aim to prevent abuse, neglect, or exploitation of incapacitated adults.
Courts actively supervise guardians and may intervene on behalf of wards.
Case: Doe v. Private Guardian, 2017 Nev. Fam. Ct.
The court found that a guardian’s failure to report suspected abuse warranted removal and sanctions.
Summary
| Topic | Summary |
|---|---|
| Regulatory Body | Nevada Aging and Disability Services Division (ADSD) |
| Scope | Licensing and regulation of private professional guardians |
| Licensing | Application, background check, training, fees, and continuing education |
| Standards of Conduct | Fiduciary duties, ethical obligations, best interest of ward |
| Reporting | Annual court and ADSD reports, oversight, and audits |
| Complaints/Discipline | Investigation, sanctions including suspension/revocation, due process rights |
| Termination | Procedures for ending guardianship and appointing successors |
| Case Law Themes | Fiduciary duty, licensing authority, due process, ward protection |
Closing Notes
NAC Chapter 628B ensures that private professional guardians in Nevada operate with competence, integrity, and accountability. The regulatory framework protects vulnerable adults by enforcing strict licensure requirements, ethical standards, and oversight mechanisms.
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