Nevada Guardianship Attorneys
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Everyone needs a little help from time to time and some may need more help than others. A Nevada Guardianship offers those who cannot take care of themselves a legal option for ensuring their needs and wishes are taken care of.
Whether you are a grandparent caring for your grandchildren or an adult son or daughter caring for an elderly loved one, guardianship protects the financial and legal interests of family members who cannot manage their own affairs. A Nevada guardianship also guarantees your loved one’s emotional, medical and physical needs are met.
No person should ever consider guardianship lightly. As experienced Nevada Guardianship Attorneys in Las Vegas, we can help! Learn more below.
What type of Guardianship is there?
In Nevada there are three types of guardianship:
Guardianship over the person:
A guardianship over a person means that the guardian is responsible for the care, maintenance and support of the individual. These types of guardianships make the guardian responsible for personal and medical decisions of the ward only.
Guardianship over the estate:
A guardianship over a wards estate means the Guardian is responsible to protect, preserve, manage and dispose of the estate in the individuals best interest. The guardian is responsible for financial decisions only.
Guardianship over the person and the Estate:
Why would someone need a Nevada guardianship?
There are many different reasons a guardianship might be needed.
It’s no secret that adults can make their own decisions. However, there may be times where due to medical, emotional or physical reasons, an adult cannot make their own decisions about themselves or their finances. For example, if an adult is incapacitated or has a medical condition that makes the adult unable to decide matters for themselves, a guardianship may be needed.
Guardianship may also be needed for children in certain circumstances. For example, if a child’s parents are no longer able to take care of the child, a guardianship might be necessary. Likewise, if a child receives an inheritance, a guardianship might be needed to protect the child’s assets.
Who Can Serve As A Guardian?
Generally, any person may serve as a guardian so long as the proposed guardian is competent. A minor, a felon convicted of certain crimes involving abuse or neglect or financial crimes, a person judicially determined to have committed abuse, neglect or exploitation of another person and a person suspected of misconduct or disbarred/suspended from the practice of law (during the period of suspension or disbarment only) usually may not serve as a guardian. The Judge will ultimately decide who the guardian may be and even if the proposed guardian is usually one who cannot serve as a guardian, the Guardianship Judge will ultimately determine if that person is fit to serve as the Guardian.
Where Can I Get Guardianship Forms?
Nevada Guardianship Forms are available at the Clark County Self Help Center or click here for more information. Because Nevada Guardianship can be extremely tricky, we strongly recommend that you contact an attorney to go over your forms and provide advice.
What does a Nevada Guardian Do?
A guardian is one, or more, persons appointed by a Nevada judge to manage the personal and/or financial affairs of a person who is no longer able to do so on his own.
A guardian of the person might make decisions about the Protected Persons clothing, food, and living environment. The guardian of the person will decide on medical appointments and educational decisions affecting the Protected Person.
A guardian of the estate will make decisions involving the Protected Persons finances. This can include paying the Protected Persons bills or making investments on behalf of the Protected Person.
What Other Options Do I Have Besides Guardianship?
There are many other options besides a Nevada Guardianship. If you are looking for a more permanent arrangement, you might consider adoption. Other options include Power of Attorney, Representative Payee, Living Will & Trust, Temporary Guardianship and Supported Decision Making. Our experienced guardianship attorneys are happy to discuss each option. For more information call us at (702) 433-2889 or fill out our on-line form.
What does it take to become a Guardian in Nevada?
In Nevada, anyone who is suitable under the law can be a guardian; however, there are some limitations at the outset for serving as a guardian in Nevada.
First, you must be at least 18 years old to be a guardian in Nevada.
You do not have to be related to the Protected Person to be the guardian, but preference is given to family members first. If the Protected Person is a child, the Nevada court will consider family members before those who are not related to the child.
If the Protected Person has executed a power of attorney or a will outlining who they want to be in charge of their estate, that person will be given preference to serve as the guardian.
There is no need for just one person to be a guardian. In the event two people want to serve as guardians, the Court will consider a co-guardianship.
Why would someone be denied being a guardian?
A Nevada judge may deny someone’s request to become a guardian in the following circumstances:
- If the person seeking guardianship is under 18 years old, the guardianship will be denied;
- A guardianship request will be denied if the person seeking to become the guardian cannot provide for the basic needs of the Protected Person;
- Guardianship will be denied if the proposed guardian has a documented drug or alcohol within the six months prior to submitting the guardianship petition;
- If the person applying to be guardian has been convicted of a felony, the Court can deny the guardianship petition;
- Disbarment from the State of Nevada or suspension of a professional license is a reason a guardianship might be denied;
- Filing for bankruptcy in the last 7 years is another reason a Nevada judge might deny a guardianship petition
Do I have to live in Nevada to be a guardian?
The short answer is No! You do not need to live in Nevada to be the guardian of a Nevada Protected Person.
However, you must hire a resident agent in Nevada to accept service of Court documents. To do this, you must complete the Appointment of Registered Agent by Court-Appointed Nonresident Guardian of Adult form located on the Nevada Secretary of State’s website. Complete the form and mail it back to the Nevada Secretary of State.
Can more than one person be the guardian of a Protected Person in Nevada?
The short answer is Yes!
If two people agree to share the duties of being a guardian, they can file one set of papers with the Court asking to be co-guardians. In this type of case, both people share the duties of the guardian.
What if I don’t want to share being the guardian with someone else? How does the Court decide who gets to be guardian?
If there are different people who want to be guardian, and do not want to share the guardianship duties, the Court will decide who is most suitable.
To make this determination, your Nevada guardianship judge will consider the following factors:
- Whether the Protected Person, their spouse or their parent nominated someone to be the guardian in a will or other document;
- If the Protected Person is a child over 14 years old, the judge will consider what the child wants;
- If the proposed guardian is related to the Protected Person the Court will consider a spouse, adult child, parent, adult sibling, grandparent or adult grandchild, aunt/uncle/niece/nephew in that order;
- When child protective services is involved, the judge will ask for a CPS’ representative’s recommendation;
- Any other requests from anyone deemed “appropriate” will also be considered by the Judge.
What if nobody wants to be the guardian? Will the judge let a stranger do it?
It is not unusual that a Protected Person’s needs may exceed the capability of a family member or friend. In these cases there are a few options.
First, consider having another family member or friend be the guardian. Remember what we said above? The proposed guardian does not have to live in Nevada and the guardian does not have to provide direct care to the Protected Person.
Second, if there is really no person willing to be the guardian consider hiring a private professional guardian. Before doing so, be sure to carefully research the proposed professional guardian and make sure they are appropriately vetted. Also, beware that professional guardians will charge a fee for their services.
Finally, the family members or friends of the Protected Person can petition the Court to have the Public Guardian appointed as the Guardian. The Public Guardian’s office is a great resource and can offer many tips and opportunities for those unsure whether they want to be a guardian.
How long does a Nevada guardianship last?
Guardianship in Nevada can last a very long time or be over very quickly depending on the facts of each case.
Generally, an adult guardianship lasts until the Protected Person regains the ability to care of themselves, or until the adult passes away.
A guardianship over a child lasts until the child turns 18 or until a parent comes forward and asks to take the child from the guardian.
Why Hire Us For Your Guardianship?
At Rosenblum Law Offices, we have handled hundreds of Guardianship matters. We understand that pursuing a guardianship is not always easy. From hotly contested cases to consent guardianship, our Guardianship Attorneys know the ins and outs of guardianship court.
We work with our clients to ensure that both the Guardian’s rights and the Protected Person’s rights are protected. Our goal is to ensure that our clients receive the best possible outcome for their family during a difficult time.
If you need a Las Vegas guardianship attorney, call us today at (702) 433-2889 or fill out our on-line form for more information.