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.

Guardian of the Estate

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.

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.