What is Guardianship?
Guardianship is a court-supervised process of taking legal responsibility for another person or person’s estate when said person can no longer handle their livelihood. Guardianship can be voluntary or involuntary and can be granted over adults and minors. The Nevada court will determine whether the adult protected person or protected child is of an age and capacity to make decisions based on current circumstances.
Most Common Types of Guardianship
Guardianship of a Person refers to having responsibility for the care, education, or support of a protected person. With minimal exceptions, the Guardian of the protected person is only responsible for personal and medical decisions, such as providing care and medication management, but not financial matters.
A Guardian of an Estate must protect, preserve, recover, or manage a protected person’s property in a way that is in the best interest of the protected person. A guardian of the estate is responsible for financial decisions only, and specific responsibilities of the Guardian of the Estate are outlined in state law which varies from state to state. In Nevada, the duties of an estate-only guardian may include, but are not limited to:
- Management of bank or investment accounts
- Filling annual accountancy with the court
- The sale of real or personal property
- Management of all income
Person and Estate Guardianship
A Guardian of both the Person and Estate is responsible for caring for the protected person and protecting and overseeing their property. Person and Estate Guardianship include assisting with the protected person’s financial, medical, and social decisions. Legal duties and responsibilities of the Guardian of a Person and Estate are outlined in Nevada state law; specifically, Nevada Revised Statutes, chapter 159 for guardianship of adults, and NRS 159A, for minors.
When a loved one faces a substantial and immediate risk of physical or financial harm, the Nevada guardianship lawyers at Michaelson Law are ready to help you evaluate and potentially obtain temporary guardianship. The court may appoint a temporary guardian to serve for ten days. After that, the court may extend the temporary guardianship, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than five months unless there are extraordinary circumstances.
Suppose a guardian cannot remedy the harmful situation, or the protected person cannot resume self-care. In that case, a guardian may need to petition for continued guardianship following the expiration of the expedited temporary guardianship. Under Nevada law, a judge may grant an expedited order of temporary guardianship under the following circumstances where the protected person may:
- Present a danger to oneself, or others
- Not being able to respond to a substantial and immediate risk of financial risk
- Have or currently is subjected to abuse, neglect, exploitation, isolation, or abandonment
- Not be able to respond to a substantial and immediate risk of physical harm or need for immediate medical attention
Voluntary VS Involuntary Guardianship
The person with legal responsibility for themselves or another person will nominate a Guardian over the prospective protected person. The court may or may not be involved in this process. When courts are not involved, the guardianship is typically only valid for six months and must be renewed after that period. When the courts get involved, guardianship can continue until it is no longer needed.
The Prospective Guardian must request guardianship over the prospective protected person from the court. In Adult Guardianship, the Prospective Guardian must prove that the prospective ward cannot care for themselves. The proof is typically provided through a medical or psychiatric examination determining the prospective protected person is incompetent. In Minor guardianship, the Prospective Guardian must prove that the child’s current caregivers cannot care for the child. Proof can be in the form of reports from CPS, police reports, personal testimony, and child interviews.
Las Vegas Guardianship Attorneys
Our experienced attorneys at Michaelson Law advocate for our clients and strive to ensure that our clients and their loved ones are cared for and protected. No matter the type of guardianship needed, we are here to help you through it and guide you in the right direction, ensuring your and your loved one’s health, safety, and happiness. Contact Michaelson Law today to discuss your family’s needs today!