Need to terminate legal guardianship in Las Vegas?
Sometimes, a well-meaning relative intervenes when a child winds up parentless, there’s drug or physical abuse in the household, or absent parents forfeit their rights.
Guardianships often stem from good intentions.
Other times, an adult can no longer care for themselves because of old age, illness, or a disability.
It doesn’t matter which side of the courtroom you’re on.
While often a permanent legal solution, guardianships don’t have to last forever.
One day, you might decide that the child is ready to return home, another family member wants to take over, or that the other person is well enough to regain control of their own life.
Learn more about dissolving a guardianship in Nevada below.
In the legal world, “dissolved” means to either cancel or end something.
For example, in states like Nevada, a divorce is also called a “dissolution of marriage” — the marriage no longer exists, except for in old scrapbooks and memories.
The same logic applies to guardianships.
When either the parent or the child (or an adult, in some circumstances) wants to terminate that legal caregiver role, they’re asking to dissolve the guardianship.
A dissolved guardianship severs a guardian’s legal responsibility.
After filling out mounds of paperwork, hiring a legal team, and dumping thousands of dollars into filing for guardianship, you might wonder why anyone would want to reverse it a few years later.
Thankfully, not all guardianships end on bad terms.
When you’re looking to terminate a guardianship, it’s likely because:
Keep in mind that dissolving a guardianship isn’t always the prettiest legal affair.
Tensions are often high, it requires several court hearings, and Nevada law requires judges to consider the Protected Person’s best interest.
Unless all parties agree, somebody will leave unhappy.
If you welcomed your nieces, nephews, or grandchildren into your home, you’re legally responsible for their well-being until the court decides otherwise.
The best-case scenario is that the guardian, parent, and child (aged 14 or older) all agree to dissolve the guardianship and return the child to the biological parents.
If everyone’s on board, just fill out Nevada’s “Stipulation Form” and mail it to the courthouse.
However, emotions can run high when one party disagrees.
Whether you’re the biological parent or the current legal guardian, the first step is completing Nevada’s “Petition to Terminate Guardianship (Minor).”
The court will then schedule hearings to resolve the matter in front of a judge.
Both sides will have the opportunity to explain their side of the story.
Parents trying to dissolve a guardianship must show they are fit to parent their children. Proof of drug rehab or ability to care for a child financially are examples of evidence a court might consider when seeking to dissolve a guardianship in favor of a parent having their child returned.
Or, for parents nixing their guardianship rights and transferring them to another family member, they have to describe who will step into that role and why they’re a good fit.
Dissolving an adult guardianship is a different ball game because you don’t have to drag impressionable children through the court system, and anyone can file for termination.
“Anyone” includes the ward, another relative, the current guardian, or another potential caregiver.
The first step is completing Nevada’s “Petition to Terminate Guardianship (Adult)” and filing it with the local courthouse.
The next step is to have the papers properly served. This means notifying everyone involved — including the protected person, their relatives, and the current guardian. All interested parties must receive your petition in their mailbox to learn about the upcoming court hearing.
At the hearing, the judge will come to one of two conclusions:
The judge may also ask for proof that the subject of guardianship is competent.
In Nevada, that requires two physicians to agree that the person is mentally fit (ex: they’re stabilized with medication, can make responsible decisions, or are now conscious).
On your journey to dissolve guardianship, you’ll see the phrase “financial accounting” tossed around repeatedly.
Don’t worry; you don’t need to hire a bookkeeper or be a CPA to provide an accounting.
Financial accounting is simply a financial record that a guardian must complete if they hold control over another person’s estate.
Nevada’s “Accounting” form includes:
This form applies to both child and adult guardianships if an estate is involved.
If the Protected Person is a child who’s now of age, Nevada requires a judge’s orders to release the assets to the child.
Because family courts hear hundreds of cases each month, the backlog can leave you twisting in the wind for about 2-3 months before having your day in court.
Seeking to dissolve a guardianship isn’t something you learn about in college or ever hope to do in your lifetime.
However, an attorney can consult with you about your options, whether you’re the parent, subject of guardianship, or the current guardian.
At the Rosenblum Allen Law Firm one of our attorneys can look at your case, walk you through the legal process, create a legal strategy, and file the confusing forms for you.
If you or someone you know is seeking to dissolve a guardianship, give us a call at (702) 433-2889 or complete our online contact form.
The requirements for terminating a guardianship depend on whether it is a guardianship for a minor or an adult. For a minor, the guardian and parents can jointly agree to terminate the guardianship by filing a stipulation form. Otherwise, a petition must be filed and the court will hold hearings to determine if termination is in the best interest of the child. For an adult, anyone can file a petition to terminate and the court will determine if the protected person is still in need of a guardian.
After a petition is filed, it typically takes 2-3 months to get a court hearing date and issue a termination order. The timeline depends on the court’s schedule and how contentious the case is.
Final accounting is a financial record the guardian must provide when terminating a guardianship that involved control of the protected person’s estate. It documents assets, liabilities, income, expenses, and provides a summary of the financial management.
A parent can regain custody after providing evidence to the court that they are now fit to care for the child, such as completing drug rehabilitation, finding stable housing and income, or demonstrating the ability to meet the child’s needs. The court will assess if termination is in the child’s best interests.
Yes, the court can transfer guardianship from the current guardian to another qualified family member if they file the proper petition and the court agrees it is best for the child or protected adult. All parties may also stipulate to transferring guardianship.
If the protected person moves to another state, the guardian can file to terminate the Nevada guardianship and instead establish guardianship in the new state of residence.
An adult guardianship can end if the protected person regains competency, passes away, or the court determines they no longer need a guardian after a petition to terminate is filed. The court may require medical evaluations to determine competency.
Yes, an experienced guardianship lawyer can provide legal guidance, handle the termination paperwork, represent you in court, and advocate for the outcome you seek in dissolving the guardianship.
Canceling or ending an existing legal guardianship. This severs the guardian’s legal responsibilities.
A formal written request submitted to the court asking for an order or ruling. A petition is required to initiate terminating a guardianship.
A guardianship arranged for a child under age 18 who cannot care for themselves.
A guardianship arranged for an adult aged 18+ who is unable to care for themselves due to disability, illness, etc.
The person who is under a legal guardianship. Also referred to as the protected person.
The person or entity appointed by the court to care for and make decisions on behalf of the ward.
A court proceeding where parties present evidence and arguments to a judge related to the guardianship termination.
A voluntary agreement between the parties spelling out the terms to terminate a guardianship. Can avoid a contested court hearing.
A report the guardian files documenting the financial management and condition of the ward’s estate that was under their control.
The assets and property belonging to the protected person under guardianship.
Formally delivering or notifying parties of the petition to terminate guardianship and related court documents.
Legal standard referring to a person’s ability to make independent, responsible decisions for themselves. Restored competency can terminate an adult guardianship.
Watch this short video to take the next big step toward defending your rights in a guardianship case.
Our lead attorney, Molly Rosenblum Allen, Esq, extends her expertise beyond divorce law, offering an array of resources for those seeking guidance in guardianship matters. Whether you’re navigating the complexities of establishing a guardianship, understanding your legal responsibilities, or considering the implications of power of attorney, these resources are designed to aid you:
Las Vegas Guardianship Attorney: Expert legal assistance for guardianship cases in Las Vegas, providing comprehensive support and guidance.
Legal Guardianship: An in-depth look at the legal aspects of guardianship, helping you understand the process and its implications.
Guardianship Forms: Access essential forms and understand the documentation required for guardianship proceedings.
Guardianship of a Child in Las Vegas: Specialized guidance for establishing child guardianship in Las Vegas, focusing on the child’s well-being and legal considerations.
Adult Guardianship: Navigate the complexities of adult guardianship, ensuring the protection and support of those who cannot care for themselves.
Types of Guardianship: Explore the various forms of guardianship to understand which option best suits your specific situation.
Pros and Cons of Guardianship: Weigh the advantages and disadvantages of guardianship to make an informed decision that aligns with your loved one’s best interests.
Dependency Cases: Insight into dependency cases, focusing on the protection and rights of dependent individuals under the law.
Parental Responsibility for Disabled Adults: Guidance on the responsibilities and legal considerations for parents of disabled adults in Nevada.
Nevada Power of Attorney: Detailed information about establishing power of attorney in Nevada, ensuring your loved ones’ affairs are managed according to their wishes.
Molly Rosenblum Allen, Esq, is committed to providing valuable resources to assist you in these critical areas. We encourage you to explore these comprehensive guides to navigate the legal landscape with confidence and care.
Here are some offsite resources that provide information about terminating legal guardianship in Las Vegas:
FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including termination of legal guardianship.
Justia: Justia offers free legal information, a directory of attorneys for various legal issues, and a specific section on Nevada law, including termination of legal guardianship.
Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including termination of legal guardianship.
Nolo: Nolo provides legal information to consumers and small businesses, including articles, blogs, FAQs, and news on termination of legal guardianship.
LegalMatch: This online legal matching service helps individuals find lawyers in their area and provides advice and resources on family law matters, including termination of legal guardianship.
Clark County Courts: The official website for the Clark County Courts in Las Vegas, Nevada. It provides information about the local court system and legal procedures, including termination of legal guardianship.
I hope this message finds you well. I am writing to express my sincere appreciation for your time and attention in reviewing the resources we provided on terminating legal guardianship.
This is a complex area of law, and it’s important you have all the knowledge you need to make the best decisions for your situation. Our understanding of your circumstances can be significantly enhanced through a direct conversation.
I warmly invite you to call me and my team at (702) 433-2889. We are ready and equipped to help you navigate through this process and provide the guidance and support you need.
Please note that while we are more than happy to speak with you and discuss your situation, we do not offer a free consultation. We believe in the value of our expertise and the comprehensive service we will provide to help you successfully navigate your legal journey.
Thank you again for reaching out and taking the time to read our resources. We are here for you, and we look forward to the opportunity to support you during this time.