Are you looking for a guardianship lawyer in Henderson, NV?
At Rosenblum Allen Family & Divorce Lawyers, we offer trusted guardianship counsel for families throughout Henderson.
If a child in Henderson has no parent able to care for them, or an adult relative can no longer manage medical or financial decisions, a guardianship gives a trusted person the legal authority to act. A Henderson, NV guardianship lawyer from our firm handles the petition, the court’s investigation, and the reporting that continues after the appointment.
Our attorneys have handled guardianship matters for 23 years, and our founder, Molly S. Rosenblum, has practiced in Clark County since 2002. We represent relatives seeking appointment as well as family members who believe a proposed guardianship is unnecessary or the wrong person has been nominated. Reach out to arrange a consultation.
Guardianship Lawyer Henderson, NV
A guardianship attorney in Henderson, NV petitions the court to appoint someone as the legal decision-maker for a person who can’t manage their own affairs, then keeps that guardianship in compliance once it’s granted. The person under guardianship is called the protected person. The guardian may be given authority over personal and medical decisions, over finances, or both, depending on what the court finds is needed.
The Clark County Public Guardian oversees more than 600 guardianships, and about one in four of those cases involve people who came to the attention of authorities because of financial exploitation or physical abuse. Those are the cases where no relative was willing or suitable to serve. Most Henderson guardianships instead involve a grandparent, adult child, or sibling stepping forward, and preparing that person’s petition is the core of what a Henderson guardianship attorney does.
Types of Guardianship Cases We Handle in Henderson
Guardianship in Nevada covers minors and adults, short emergencies and permanent arrangements, decisions about a person and decisions about property. Each type has its own petition, its own evidence requirements, and its own reporting duties afterward. We handle all of them for Henderson clients.
- Guardianship of minors. Grandparents and other relatives often step in when a parent is incarcerated, deployed, struggling with addiction, or has passed away. The guardian gains day-to-day authority while the parent’s parental rights remain legally intact.
- Guardianship of adults. Dementia, stroke, traumatic brain injury, and developmental disability are the most common reasons a family files. We gather the medical evidence the court requires and address any objection from the proposed protected person.
- Temporary guardianship. When someone faces an immediate risk to their health, safety, or finances, the court can appoint a guardian on shortened notice for a limited period. A parent’s substance abuse or an adult’s sudden hospitalization are typical triggers.
- Short-term guardianship. A parent who needs to hand off care of a child for a limited time can sign a written appointment naming a relative, and in many situations no court hearing is required. We prepare the document so schools and doctors will honor it.
- General guardianship. This is the long-term appointment with full authority over the protected person’s care, residence, and finances. It carries annual reporting duties, and we help guardians meet them.
- Guardianship of the estate. Some protected people can make personal decisions but cannot manage money. The court can appoint a guardian for finances only, with accounting requirements that we prepare and file.
- Contested guardianships. Siblings disagree about who should serve. An elderly parent objects to the petition. A relative is suspected of exploitation. In these cases the court may appoint a guardian ad litem, and we present the evidence that supports our client’s position.
- Termination and modification. A parent recovers and wants the child back. An adult regains capacity. A family decides a stepparent adoption makes more sense than continuing the guardianship. We handle the petition to end or change the arrangement.
Why Choose Rosenblum Allen Family & Divorce Lawyers as my Guardianship Lawyer in Henderson, NV?
Attorneys Who Know the Guardianship Docket
Molly S. Rosenblum opened our firm in 2005, and it marked twenty years of practice in December 2025. She graduated from UNLV’s law school with the Dean’s Award for Academic Performance and is a member of the Association of Family and Conciliation Courts. Sheila Tajbakhsh joined our firm as a law clerk while still in law school, was admitted in 2019, co-founded the Las Vegas chapter of the Iranian American Bar Association, and was elected to the Family Law Executive Council. Guardianship petitions get the same preparation you would expect from a family law lawyer in Henderson, NV handling a custody trial, because the standard of proof and the consequences for the family are just as serious.
Results When the State Gets Involved
Guardianship cases sometimes overlap with child welfare investigations. Our outcomes in those matters include:
- A petition by the State of Nevada to terminate a parent’s rights, defeated.
- Repeated Division of Family Services allegations against a mother, resolved with the case closed and no litigation.
- Relocation granted after trial for the mother of a child with special needs.
A guardianship is supposed to protect someone. We make sure the process protects our client’s family as well.
Understanding Guardianship Cases
Types of Guardianship Authority and What the Court Must Find
A Nevada court doesn’t grant a guardianship because a family asks for one. It grants a guardianship because the evidence shows a specific person can’t safely make certain decisions and nothing less restrictive would work. The concepts below shape almost every petition.
- Guardian of the person. Authority over where the protected person lives, medical treatment, and daily care.
- Guardian of the estate. Authority over income, bank accounts, property, and bills, with a duty to account to the court.
- Incapacity. The court needs evidence, usually from a physician, that the adult cannot manage the affairs in question. For a minor, the question is whether a parent is able and available.
- Less restrictive alternatives. A power of attorney, a health care directive, or a supported decision-making arrangement may be enough. The petition has to explain why they aren’t.
- Priority among relatives. The law gives preference to certain family members and to anyone the protected person nominated in advance, but the court can pass over them for good reason.
Guardianship is different from custody and from adoption. A child custody order divides authority between two parents. A termination of parental rights permanently severs the legal relationship. A guardianship sits between them, giving a non-parent authority while leaving the parent’s rights in place.
What Is The Guardianship Case Timeline?
The case opens when the petition is filed and the required relatives are notified. For an adult, a physician’s certificate about capacity is filed with it. For a minor, the parents receive notice and can consent or object.
The court then sets a hearing. Before that date, an investigator or the court’s own staff may interview the proposed guardian and the protected person. If the protected person is an adult, they have the right to their own attorney and the right to attend and object.
Uncontested petitions are often resolved at the first hearing. Contested ones move into discovery and an evidentiary hearing, which adds months. Once the court signs the order, the guardian receives letters of guardianship, which banks, hospitals, and schools will ask to see. Reporting duties begin at that point and continue every year.
What Are Important Aspects of a Guardianship Case?
The details that decide guardianship cases are procedural as often as they are factual.
- Every relative entitled to notice must actually receive it. A missed sibling or adult child can undo an otherwise finished case.
- Medical evidence has to be current and specific to the decisions at issue, not a general statement that someone is elderly or ill.
- The protected person’s own wishes carry real weight, including who they want to serve and where they want to live.
- A guardian who misses an annual report or accounting can be removed, and the court’s Guardianship Office reviews those filings.
What Should You Bring to Your Guardianship Consultation?
Guardianship petitions are document-heavy from the start, so the first meeting goes faster when we can see the paperwork.
- Medical records or a physician’s letter describing the person’s condition
- Names and contact information for the person’s spouse, children, siblings, and parents
- Any existing power of attorney, health care directive, will, or trust
- A list of the person’s income sources, accounts, and property
- For a minor, the child’s birth certificate, school enrollment, and any existing custody orders
We use that meeting to identify which type of guardianship fits, whether anyone will object, and what the court will want to see. By the end of the meeting, you’ll have a clearer picture of the sequence of filings and the rough timing of each step.
Guardianship Court and Local Resources for Henderson Families
Henderson guardianship petitions are heard by the Family Division of the Eighth Judicial District Court in Las Vegas. The agencies below oversee guardians, investigate abuse of vulnerable adults, and serve as guardian when no family member can.
- The Nevada Guardianship Office, part of the Supreme Court’s Administrative Office of the Courts, reviews guardian reports and accountings for the district courts and runs a public complaint hotline.
- The Clark County Public Guardian is appointed when no relative or friend is able or appropriate to serve, and its FAQ explains how court accountings and budgets work.
- The Aging and Disability Services Division of Nevada’s Department of Health and Human Services runs Adult Protective Services, which investigates reports of abuse, neglect, and exploitation of vulnerable adults.
Reach Out to Rosenblum Allen Family & Divorce Lawyers to Schedule a Consultation
A guardianship changes who makes decisions for someone you love. We take the time to explain what authority you’re asking for, what the court will require, and what your duties will be afterward. Our Henderson office schedules consultations during regular business hours, and emergency petitions are given priority. Contact us to meet with a Henderson, NV guardianship attorney about your family’s situation.