Guardianship (Summary vs. Estate)

So you are seeking the guardianship of a child or incapacitated person? While this is a good act and will only help enrich the Protected Person’s life, there are many things to consider.

A guardianship applies to either a minor child, if their parents can no longer care for them  (either due to death, incarceration, abuse, or substance issues), or to an adult who cannot care for themself (due to disability or mental problems).

Frequently, guardianships can be a complex process. It can take several months and can be mentally and emotionally taxing on those involved.

The petition can be lengthy, and you should seek the assistance of an experienced Family Court attorney, such as the Family Law attorneys at Rosenblum Law Firm. Our team can help to walk you through the whole process to be awarded guardianship.

An essential factor to take into consideration is what type of guardianship you are looking to obtain. The types of guardianships include: summary (or guardianship of the person), the estate, estate, and person. 

You should be familiar with each of these guardianship types to know what your responsibilities are and which type of guardianship you need to file for. Each comes with its individual rights, responsibilities, and expectations.

Not knowing which type of guardianship you need can lead to delays in your court hearing or possibly even dismissal for your petition. It could also cause legal issues if you do not fulfill your duties correctly.

Luckily, there is help in navigating the guardianship process.

If you are in Nevada and are seeking guardianship, Rosenblum Law Firm can help you navigate the guardianship process.

Let’s take a moment to examine the different types of guardianships. We will cover that these types of guardianships are and why responsibilities and expectations each contains.

Summary Guardianship

Summary guardianship, or guardianship of the person, means that you are responsible for the Protected Person’s physical and personal needs.

For a child’s guardianship, you are responsible for the child’s day-to-day routines and quality of life.

In these types of guardianship, it is best to think of the child as your own child. You are responsible for keeping them fed, clothed, housed, and safe. You make the medical and educational decisions for the child. 

As the child’s guardian, you are also responsible for following all court orders relating to the child and may also apply for financial assistance to help care for the child.

For the summary guardianship of an elderly or incapacitated adult, your responsibilities are similar to that of a minor. Your main concerns are medical care and housing.

As far as medical care, you may be required to arrange medical appointments and treatment for the person. You will also help in assuring that they have suitable living conditions.

When making decisions for an adult, you should keep in mind their expressed wishes, physical needs, and financial circumstances.

If you are the guardian of an adult, you will also be required to make annual reports on the person’s mental, physical, and financial status in your care. The court should also be informed on living conditions, medical, educational, or vocational services that the Protected Person receives. 

Whether you are in charge of the care for a minor or adult, it is crucial to know your rights and responsibilities as their guardian. The Rosenblum Allen Law Firm team can help you be aware of these rights and expectations as you seek to care for your ward.

Guardianship over the person

Guardianship people

Guardian of the Estate

Guardianship over the estate

Financial invest protect

The role of a guardian of the estate is pretty straightforward.

As the guardian of a minor or adult estate, you are in charge of overseeing financial matters for your ward.

If you are the estate guardian for a minor, you are tasked with caring for any money or property that the child owns. This can include trust funds, inheritances, or court-awarded monies.

You are limited on how you spend these assets. This is done to protect the financial interests of the minor and deter financial abuse by a guardian.

You may only use these funds, accounts, investments, or property to benefit the child. You also must have the approval of the court to access these finances. 

To help to access funds for your minor, you will need to have good documentation to outline how these funds will be used. The Family Law attorneys at the Rosenblum Allen Law Firm can help you ensure that the Protected Person’s funds will be used in their best interests.

For adults, guardianship of the estate may be needed for a person who cannot handle their finances but has enough income or assets for a guardian to be appointed. 

As the guardian for an adult, you may be responsible for protecting and preserving the Protected Person’s assets, appraising their property, budgeting, and distributing income as applicable. 

The guardian must also provide the court with documentation on the Protected Person’s status and how assets were used.

Guardianship the Estate and Summary

In some cases, you may be given guardianship of both the person and the estate. This type of guardianship combines the responsibility of both guardianship of the person and guardianship of the estate.

There are many times where the guardians of the estate and person may be two people. In these cases, both guardians must work closely together for the best interests of the Protected Person.

Guardianship over the person and the Estate

Knowing Your Rights and Responsibilities as a Guardian

Becoming someone’s legal guardian is a significant undertaking. Whether it is for a minor or an adult, you need to know their needs and the best way to care for them.

Taking on another person’s personal or financial needs is not a decision that should be taken lightly, and you should not go into it unprepared. 

If you live in Nevada and need help in gaining guardianship, contact the Family Law attorneys at the Rosenblum Allen Law Firm. Our team can help you ensure that you have all the correct documentation, preparation, and guidance to help you take on this vast undertaking. They will work tirelessly to help you to obtain satisfactory results.

Guardians rights

Frequently Asked Questions

What is a Legal Guardian?

A legal guardian is an adult who has been given the right to care for and make decisions on behalf of a child or dependent adult who cannot act for themselves.

What are Parental Rights?

Parental rights refer to the rights and responsibilities of parents concerning their children. This includes custody, financial support, and decision-making about the child's upbringing.

What is a Legal Relationship?

A legal relationship is a connection between two people that the government legally recognizes. Examples include marriage, guardianship, and adoption.

What is Temporary Guardianship?

Temporary guardianship is when an adult is appointed by a court order to act as the guardian of a minor child for a particular time. These types of guardianships are typically used when the parents cannot provide care for their child due to illness or other circumstances.

Further Reading

Here’s a reminder about the other sources on your website related to guardianship:

  1. Guardianship (Temporary v. Permanent): This section provides information about the distinctions between temporary and permanent guardianship. It explains the legal requirements, considerations, and implications associated with each type of guardianship.

  2. Nevada Guardianship Attorneys: This section highlights your law firm’s expertise in handling guardianship cases in Nevada. It emphasizes the importance of consulting with experienced guardianship attorneys who can provide guidance and support throughout the guardianship process.

  3. Adult vs. Child Guardianship: This resource explores the differences between adult and child guardianship. It discusses the legal aspects, responsibilities, and considerations specific to each type of guardianship.

  4. Terminate Legal Guardianship in Las Vegas: This section focuses on the process of terminating legal guardianship in Las Vegas. It provides information and guidance on the steps, requirements, and considerations involved in terminating a guardianship arrangement.

  5. Pros and Cons of Guardianship in Nevada: Is It Right for You? This resource presents an analysis of the advantages and disadvantages of guardianship in Nevada. It helps individuals evaluate whether guardianship is suitable for their specific circumstances by considering the benefits and potential drawbacks.

  6. Guardianship (Temporary v. Permanent): This section explores the differences between temporary and permanent guardianship. It discusses the legal aspects, requirements, and considerations for both types of guardianship.

We’re ready to fight for the rights of your family!

Offsite Resources

Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about summary and estate guardianship:

  1. FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including summary and estate guardianship.

  2. Justia: Justia offers free legal information and a directory of attorneys for various legal issues, including summary and estate guardianship.

  3. American Bar Association: The ABA provides a variety of resources on legal topics, including information on summary and estate guardianship.

  4. Nolo: Nolo provides legal information to consumers and small businesses, including articles, blogs, FAQs, and news on summary and estate guardianship.

  5. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including summary and estate guardianship.

  6. LegalMatch: This online legal matching service helps individuals find lawyers in their area and provides advice and resources on family law matters, including summary and estate guardianship.

  7. The National Guardianship Association: This organization provides educational, training, and networking opportunities for guardians and about guardianship. It’s a great resource for understanding both summary and estate guardianship.


What's Next?

Are you in need of a trusty guardian attorney to help protect your loved ones?

Look no further than The Rosenblum Allen Law Firm!

We have the experience and expertise needed to provide top-notch legal services while ensuring the utmost comfort for all our clients.

Our firm understands how important it is that trustworthy attorneys handle your family’s legal matters, which is why we only entrust them with professionals who truly understand Las Vegas court systems.

So don’t delay – get in touch with us today and let us show you just how reliable, experienced, helpful, friendly (and awesome!) we are!

Give The Rosenblum Allen Law Firm a call now at (702) 433-2889 and put yourself on track towards zen mode when dealing with any guardianship matter.