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NEVADA STATUTES AND CODES

433A.480 - Evaluation of person adjudicated incompetent; initiation of action for restoration to legal capacity.

433A.480  Evaluation of person adjudicated incompetent; initiation of action for restoration to legal capacity.

      1.  The medical director of a division mental health facility shall have all persons adjudicated as persons with mental incompetence of that facility automatically evaluated no less than once every 6 months to determine whether or not there is sufficient cause to believe that the client remains unable to exercise rights to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver’s license.

      2.  If the medical director has sufficient reason to believe that the client remains unable to exercise these rights, such information shall be documented in the client’s treatment record.

      3.  If there is no such reason to believe the client is unable to exercise these rights, the medical director shall immediately initiate proper action to cause to have the client restored to legal capacity.

      (Added to NRS by 1975, 1610)

      NRS 433A.490  Restoration of legal capacity of person previously adjudicated incompetent.  Any person in the State of Nevada who, by reason of a judicial decree ordering the person’s hospitalization entered prior to July 1, 1975, is considered to be mentally incompetent and is denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver’s license solely by reason of such decree shall, upon the expiration of the 6-month period immediately following such date, be deemed to have been restored to legal capacity unless, within such 6-month period, affirmative action is commenced to have the person adjudicated mentally incompetent by a court of competent jurisdiction.

      (Added to NRS by 1975, 1610)

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