Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
2.02 County Personnel Regulations
2.03 Judicial Services Department
2.04 Board of County Commissioners
2.05 Whistle Blower Protection
2.06 Planning Commission
2.08 Employee Travel Expenses
2.16 Department of Community Development
2.20 Division of Social Services
2.22 Public Guardian's Office
2.24 Local Emergency Management Agency
2.26 China Spring Youth Camp
2.28 Genoa Historic District Commission
2.32 Regional Street and Highway Commission
2.36 Wage Claims
2.44 County Driving Policy
2.50 Douglas County Law Library
2.52 Cave Rock Water Advisory Board
2.54 Skyland Water Advisory Board
2.56 Water Conveyance Advisory Committee
2.58 Douglas County Airport Advisory Committee
2.60 Appraisers of County Property
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
Index



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County Codes
Title 2 Administration and Personnel
2.22 Public Guardian's Office
2.22.010 Office of public guardian established
2.22.020 Appointment, designation or contract
2.22.030 Compensation
2.22.040 Bond and Oath
2.22.050 Vacancy
2.22.060 Subordinates, consultants and assistants
2.22.070 Records
2.22.080 Qualifications of person for whom public guardian may be appointed; petition for appointment; accounting and report to be filed by temporary guardian in certain circumstances
2.22.090 Powers, duties rights and responsibilitie
2.22.100 Retention of attorney
2.22.110 Investigation of financial status of person for whom public guardian is requested
2.22.120 Allocation of costs incurred in appointment proceedings and administrative costs
2.22.130 Value of guardian's services allowable as claim against ward's estate; deposit of money received by public guardian
2.22.133 Request for advance of money to pay expenses of guardianship; payment of advances; reimbursement of advances from assets of estate of ward.
2.22.135 Reports and budgets to and investigations by board of county commissioners.
2.22.140 Termination of appointment
2.22.150 Conflict between Nevada Revised Statutes and Douglas County Code
2.22.160 Revocation of previous appointments and designations for public guardian

2.22.010 Office of public guardian established
The board establishes the office of public guardian for Douglas County, Nevada. (Ord. 784, 1997)
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2.22.020 Appointment, designation or contract
 The board has the option, in conformity with NRS 253.150(2), to either:
    A.  Appoint a public guardian, who serves at the pleasure of the board, for a term of 4 years from the day of appointment;
    B.  Designate an elected or appointed county officer as ex officio public guardian;
    C.  Pursuant to the mechanism set forth in NRS 244.1507, designate another county officer to execute the powers and duties of the public guardian; or    
    D.  Contract with a private professional guardian, as defined in NRS 253.150(4), to act as public guardian.  (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.030 Compensation
The board fixes the compensation of the public guardian by resolution. The compensation payable pursuant to this section includes payment for expenses incurred by the public guardian pursuant to sections 2.22.060 and 2.22.120. This compensation is to be paid out of the county general fund. The compensation fixed pursuant to this section must be reviewed annually as part of the budget process for the county general fund conducted in accord with the Local Government Budget and FinanceAct and the compensation of the public guardian must be amended from time to time as required by virtue of the review and establishment of the budget for the county general fund. (Ord 1329, 2010; Ord. 784, 1997)
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2.22.040 Bond and Oath
    A. Upon taking office, the public guardian must file with the county clerk a general bond in an amount fixed by the board payable to the State of Nevada with sureties approved by the board.  The premium for the bond shall be paid from the county general fund and be conditioned on the public guardian's faithful performance of his or her duties.
    B. The general bond and oath of office of a public guardian are in lieu of the bonds and oaths required of private guardians.
    C. The oath and bond of an elected or appointed public officer, designated public guardian or designated to execute the powers and duties of the public guardian pursuant to NRS 253.150(2)(b) or (c) are in lieu of the bonds and oaths required of public guardians.  The district court may require the ex officio public guardian to execute a separate bond for any guardianship over and above that provided by this section of the code in the manner prescribed in NRS 159.065.  (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.050 Vacancy
    A.  If any vacancy occurs in the office of public guardian before the expiration of a normal term, the vacancy must be filled promptly by the board. 
    B.  The board may designate any qualified person to serve as acting public guardian until the board fills the vacancy in the office. (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.060 Subordinates, consultants and assistants
Within the limits of appropriated compensation established pursuant to section 2.22.030, and upon prior approval by the board, the public guardian may: 
    A. Employ subordinates necessary for the proper performance of his duties. 
    B. Contract for the services of consultants or assistants. (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.070 Records
The public guardian shall keep financial and other appropriate records concerning all cases in which he or she is appointed as an individual guardian. (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.080 Qualifications of person for whom public guardian may be appointed; petition for appointment; accounting and report to be filed by temporary guardian in certain circumstances
    A. A resident of Douglas County, Nevada is eligible to have the public guardian appointed as his or her temporary individual guardian pursuant to NRS 159.0523 or 159.0525.
    B. A resident of Douglas County, Nevada is eligible to have the public guardian appointed as his or her individual guardian if:
        1. The proposed ward has no relative or friend suitable and willing to serve as his or her guardian; or
        2. The proposed ward has a guardian who the court determines must be removed pursuant to NRS 159.185.
    C. A person qualified in the manner prescribed in subsection A or B of this section, or anyone on his or her behalf, may petition the district court to make the appointment. 
    D. Before a petition for the appointment of the public guardian as a guardian may be filed pursuant to subsection C of this section, a copy of the petition and copies of all accompanying documents to be filed must be delivered to the public guardian.
    E. Any petition for the appointment of the public guardian as a guardian filed pursuant to subsection C of this section must include a statement signed by the public guardian and in substantially the following form:
        The undersigned is the Public Guardian of Douglas County, Nevada. The undersigned certifies that he or she has received a copy of this petition and all accompanying documents to be filed with the court.
    F. A petition for the appointment of the public guardian as permanent or general guardian must be filed separately from a petition for the appointment of a temporary guardian.
    G. If a person other than the public guardian served as temporary guardian before the appointment of the public guardian as permanent or general guardian, the temporary guardian must file an accounting and report with the court in which the petition for the appointment of a public guardian was filed within 30 days of the appointment of the public guardian as permanent or general guardian.
    H. Douglas County is not liable on any written or oral contract entered into by the public guardian for or on behalf of a ward.
    I. For the purposes of this section:
        1. Except as otherwise provided in paragraph 2 of this subsection, the county of residence of a person is the county to which the person moved with the intent to reside for an indefinite period.
        2. The county of residence of a person placed in institutional care is the county that was the county of residence of the person before the person was placed in institutional care by a guardian or agency or under power of attorney.  (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.090 Powers, duties rights and responsibilitie
    A.  A person appointed public guardian, or a person designated acting public guardian succeeds immediately to all powers and duties of the individual guardianships created by appointments of previous public guardians as guardian for particular wards. 
    B.  In the administration of any guardianship to which the public guardian is appointed pursuant to subsection A of this section, the public guardian has all powers, duties, rights and responsibilities contained in titles 12 and 13 of NRS. (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.100 Retention of attorney
When necessary for the proper administration of a guardianship, the public guardian may retain an attorney to assist him or her if the attorney practices law in Douglas County, Nevada, and is qualified by experience and willing to serve or rotate this employment in successive guardianships among the attorneys who practice law in Douglas County, Nevada, and who are qualified by experience and willing to serve.  Any attorney's fee must be paid from the assets of the ward.   (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.110 Investigation of financial status of person for whom public guardian is requested
The public guardian must investigate the financial status of any person for whom the appointment of the public guardian as his guardian is requested. In connection with the investigation, the public guardian may require that person to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, needed to evaluate eligibility. The public guardian may obtain information from any public record office of the state or any of its agencies or subdivisions upon request and without payment of any fees. (Ord. 784.1997)
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2.22.120 Allocation of costs incurred in appointment proceedings and administrative costs
    A.  Except as otherwise provided in section 2.22.100, if the public guardian is appointed as an individual guardian the costs incurred in the appointment proceedings and the administrative costs of the guardian's services are not chargeable against the income or the estate of the ward unless the district court determines at any time that the ward is financially able to pay all or part of the costs. 
    B.  The financial ability of the ward to pay the costs identified in subsection A of this section must be measured by and determined pursuant to the provisions contained in subsection 2 of section 253.230 of NRS. 
    C.  To the extent that the district court determines the ward is unable to pay all or any portion of the costs identified in subsection A of this section, the public guardian must pay these costs from appropriated compensation paid pursuant to section 2.22.030. (Ord. 784, 1997)
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2.22.130 Value of guardian's services allowable as claim against ward's estate; deposit of money received by public guardian
The reasonable value of the public guardian's services rendered without cost to a ward must be allowed as a claims against the estate of the ward. Money received in payment of a claim against the estate of the ward must be deposited by the public guardian to the credit of the county general fund. (Ord. 784, 1997)
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2.22.133 Request for advance of money to pay expenses of guardianship; payment of advances; reimbursement of advances from assets of estate of ward.
    A. A public guardian may file with the board of county commissioners a request for an advance of money to pay necessary expenses incurred, or to be incurred, by the public guardian during a guardianship.  The board may approve or deny the request.  If the board approves the request, the board shall determine the amount to be advanced and advance that amount to the public guardian.
    B. The board may establish a revolving fund to be used to provide advances to the public guardian pursuant to subsection A of this section.  If the board has established a revolving fund pursuant to this subsection, the board shall pay any advance approved pursuant to subsection A of this section from the revolving fund to the extent that there is sufficient money in the revolving fund to pay the advance.  After the money in the revolving fund has been exhausted, the board shall pay any advance, or any part of an advance, approved by the board from the general fund of the county.  If the board has not established a revolving fund pursuant to this subsection, the board shall pay any advance approved pursuant to subsection A of this section from the general fund of the county.
    C. The public guardian must reimburse the county for any advance provided pursuant to subsection A of this section from the assets of the estate of the ward as soon as, and to the extent that, the assets become available.  If the board has established a revolving fund pursuant to subsection B of this section, the board shall deposit in the revolving fund the money obtained from a reimbursement provided pursuant to this subsection.  If the board has not established a revolving fund pursuant to subsection B of this section, the board shall deposit in the general fund of the county the money obtained from a reimbursement provided pursuant to this section.  (Ord. 1329, 2010)
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2.22.135 Reports and budgets to and investigations by board of county commissioners.
    A. The board of county commissioners may:
        1. Establish regulations for the form of any reports or budgets made by the public guardian.
        2. Review reports or budgets submitted to the board by the public guardian.
    B. The board may at any time investigate any guardianship for which the public guardian has been appointed.  (Ord. 1329, 2010)
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2.22.140 Termination of appointment
The district court may, at any time, terminate the appointment of the public guardian as an individual guardian of a person or of an estate upon petition by the ward, the public guardian,  any interested person or on the district court's own motion if:
    A. It appears that the services of the public guardian as no longer necessary; or
    B. After exercising due diligence, the public guardian is unable to identify a source to pay for the care of the ward and, as a consequence, continuation of the guardianship would confer no benefit upon the ward.  (Ord. 1329, 2010; Ord. 784, 1997)
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2.22.150 Conflict between Nevada Revised Statutes and Douglas County Code
In the event of the conflict between sections 253.150 to 253.250, inclusive, of NRS, as those sections may be amended from time to time, and chapter 2.22 of this code, the provisions of state statute will control. (Ord. 784, 1997)
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2.22.160 Revocation of previous appointments and designations for public guardian
The board revokes all previous appointments and designations of public guardians regardless of the means by which these appointments and designations were made and which predate the effective date of this chapter provided in section 2.22.170. (Ord. 784, 1996)
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