Right to counsel for certain minors

Plenary Establishment

Mandatory appointment if local legal aid organization has capacity

Previously, appointment of an attorney for children in plenary guardianship matters was discretionary under Nev. Rev. Stat. § 159A.045.  However, the provision was amended in 2025 through AB 387 such that appointment is now mandatory in certain limited circumstances.  Under the amended law, appointment of counsel for a protected (or proposed protected) minor is discretionary unless a local legal aid organization receiving funding for the representation has capacity to provide the representation, in which case the court must appoint an attorney. See Nev. Rev. Stat. § 159A.045(1)-(2).

The statute specifies that such an attorney may not also serve in a guardian ad litem or best interests role.  No right to counsel provision was found upon the appointment of a temporary guardian or conservator.

Termination or Modification

Discretionary appointment

When a petition for modification or termination of the guardianship is filed, “the court shall appoint an attorney if the court determines that the appointment is necessary to protect the interests of the protected minor.”  Nev. Rev. Stat. § 159A.1905(2)