Legal Guardianship in Las Vegas: A Complete Guide

Legal guardianship is a legal relationship.

In it, a court appoints a person or group to care for another who cannot care for themselves. Guardians make decisions about health, living, money, and other matters.

They do so for minors or incapacitated adults.

Why is Guardianship Needed?

There are several reasons guardianship may be necessary:

• The minor’s parents have died or become incapacitated

• The child has special needs their parents cannot adequately address

• An accident or illness has left an adult incapacitated

• An elderly parent develops dementia or Alzheimer’s disease

• A disability prevents a person from being able to make decisions

Guardians step in when someone can’t care for themselves. They also can’t make sound decisions alone. They act as advocates working in the best interest of the protected person.

Types of Guardianships

There are different types of guardianships, including:

• Full guardianship – the guardian has authority over all aspects of the protected person’s life. This is the most restrictive option.

• Limited guardianship – the guardian only has authority over certain areas of the protected person’s life where they need assistance. This allows for more independence when possible.

• Temporary guardianship – granted on a short-term basis when a crisis arises. It may involve medical decisions.

• Permanent guardianship is an ongoing, long-term appointment until the protected person passes away or the guardianship is terminated.

The court will decide the type and scope of guardianship. It will base this decision on the person’s situation and capacity.

Guardianship Laws in Nevada

Nevada law allows for both minors and adults to have court-appointed guardians. Some critical aspects of Nevada guardianship law include:

• The court must decide that a guardian is needed. The guardian will continue to care for and supervise the protected person.

• Guardians must act in the best interest of the protected person. Decisions should maximize independence and self-reliance when possible.

• Consider the preferences of the protected person. Do so if they can communicate.

• Guardians must submit ongoing reports to the court on the status of the protected person.

• Guardianships can be terminated if the protected person no longer needs the arrangement.

Nevada aims to protect vulnerable people. It also wants to preserve rights and prevent abuse.

Establishing Guardianship in Las Vegas

The process for establishing guardianship involves several steps:

Filing for Guardianship

To start, petitions and documents must be filed with the appropriate court in Las Vegas, such as:

• Petition for Appointment of Guardian/Conservator

• Citation to Appear and Show Case

• Medical reports affirming the need

Filings require various fees. For example, filing the initial petition costs around $270.

The case is assigned to a judge who will hear the petition and decide whether to appoint a guardian. Hearings take place at family division courtrooms in downtown Las Vegas.

Guardianship Hearing

During the hearing, petitioners must:

• Provide evidence for why guardianship is needed

• Demonstrate they are qualified to serve as guardian

• Propose specific powers to be granted

Others can object to the guardianship or proposed guardian. The proposed protected person has a right to attend and speak. Witnesses may testify regarding capacity.

If approved, the judge signs an order. It appoints a guardian and outlines their powers. Letters of guardianship are issued, allowing the guardian to act.

Being Appointed Guardian

If the court approves the guardianship petition, the proposed guardian must take steps before officially being appointed. They must do things such as:

• Undergo background checks – Guardians cannot have recent felonies or bankruptcies.

• Complete guardian education – Nevada mandates new guardians take approved training on duties.

• Be bonded if managing finances – Bonding protects assets in case of mismanagement.

• File inventory of assets – Must list all property and financial accounts of protected persons.

• Obtain guardianship letters – Official document proving court appointment.

Once qualified, the guardian is responsible for:

• Making decisions in the best interest of the protected person

• Ensuring safety, health, hygiene, and comfort

• Managing finances and property carefully

• Filing ongoing reports with the court

Guardians must follow the court’s orders. They must act in the protected person’s best interest.

Alternatives to Guardianship

Before pursuing full guardianship, less restrictive alternatives may be considered, such as:

• Power of attorney – Appoint an agent to handle finances

• Healthcare proxy – Name someone to make medical decisions

• Living will – Document end-of-life healthcare wishes

• Trusts – Designate a trustee to manage assets and property

• Representative payee – Manage Social Security/benefits

These options allow more independence and control for the individual. Guardianship is most appropriate when a person has minimal capacity.

Guardianship Termination

Guardianships do not have to last forever. They can be terminated when:

• The protected person passes away.

• The protected person regains the capacity to care for themselves.

• The guardian can no longer serve, and no replacement is available.

• The guardian fails to fulfill their duties properly.

• The guardianship is no longer needed or in the protected person’s interests.

A petition must be filed to terminate a guardianship in Nevada with evidence for why it should end. The court will evaluate and decide.

If a termination petition is approved, the guardian must file final accountings and give the protected person’s remaining assets to the court. Then, the court discharges the guardian.

Getting Help

Navigating guardianship can be complex. Resources for assistance include:

• Consulting a guardianship attorney – They can advise on the process. The protected person is entitled to a lawyer.

• Guardianship services organizations – Non-profits can sometimes serve as or help locate guardians.

• Court self-help center – Provides forms and guidance on filing petitions.

A professional can guide you through guardianship. This can make it much easier and help ensure protections.