Nevada Guardianship Lawyers
When family members and loved ones are being exploited, are in danger or are simply no longer able to properly care for their health or their finances, it is only natural to want to help. When advance directives/powers of attorney are not in place, guardianship becomes an alternative that can bring transparency and peace of mind. Guardianship is a court-supervised process whereby someone is appointed to make decisions for an incapacitated person, or person of limited capacity, also referred to as the “protected person.” The guardian might be authorized for health care decisions only, for financial decisions only, or for both. This is a difficult process for many to navigate, especially here in Nevada.
At Michaelson Law, we want to protect vulnerable people and their loved ones. Our goal is to help guide families through the estate planning process – and if necessary, guardianship – as easily and with as much dignity as possible. When advance directives/powers of attorney are not in place, guardianship becomes one of those options we can use to protect families, the elderly, others with special needs, and where applicable, their estates.
Let our very experienced Nevada guardianship lawyers help you understand your options, including less restrictive alternatives, when guardianship seems like it might be necessary. Those who might benefit from guardianship include small children who lack a qualified advocate, special needs or vulnerable adults, or seniors who may not be fully able to care for themselves, including those who suffer from dementia or other ailments. The following are the most common types of guardianship we work with at Michaelson Law:
Person Only Guardianship
Guardianship of a Person refers to having responsibility for the care, education, and/or support of a protected person. With very limited exceptions, a guardian of the person is responsible for personal and medical decisions only, such as providing for care, placement and medication management, but not financial matters. Obtaining and managing a guardianship of the person can be a complex process and the team at Michaelson Law is happy to help.
Estate Only Guardianship
A Guardian of an Estate must protect, preserve, recover and/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. Specific duties and responsibilities of the Guardian of Estate are outlined in state law and may vary state-by-state. In Nevada, the responsibilities of an estate only guardian may include, but are not limited to, the sale of real or personal property, managing all income, filing annual accountings with the court, and management of income and bank or investment accounts. These are matters that the Nevada Guardianship lawyers at Michaelson Law can help you navigate.
Person and Estate Guardianship
A Guardian of both the Person and Estate is responsible for both the care of the protected person and the protection and oversight of their property. This includes assisting with financial, medical, and social decisions for the protected person. Legal duties and responsibilities of the Guardian of Person and Estate are outlined in state law, specifically Nevada Revised Statutes, chapter 159, for guardianship of adults, and NRS 159A, for minors. To gain a greater understanding of the legal duties and responsibilities for guardianship in Las Vegas, call the Nevada Guardianship lawyers at Michaelson Law.
When a loved one is facing a substantial and immediate risk of physical or financial harm, the Nevada guardianship lawyers at Michaelson Law are ready to help you through the process of evaluating and potential obtaining a temporary guardianship. Under Nevada law, a judge may grant an expedited order of temporary guardianship under the following circumstances (according to NRS 159.0523 and NRS 159.0525):
- the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;
the proposed protected person presents a danger to himself or herself or others;
- the proposed protected person is or has been subjected to abuse, neglect, exploitation, isolation or abandonment; or
- The protected person is unable to respond to a substantial and immediate risk of financial loss
The court may appoint a temporary guardian to serve for 10 days. Thereafter, “the court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.” If a guardian cannot remedy the harmful situation or the protected person is not able to resume their own self-care, a guardian may need to petition for continued guardianship following the expiration of the expedited temporary guardianship.
Nevada Guardianship Lawyer Options
Guardianship is a complicated process, and the courts don’t sign off on guardianship cases easily, especially here in Nevada. It’s important to come to guardianship court case hearings prepared. Let the Michaelson Law’s veteran Nevada guardianship lawyers help you navigate this difficult process with confidence and dignity, get you through the court room experience confidently, and help your loved-one get the care and peace of mind that they deserve.
For more information about our Nevada guardianship legal services, call our office at 702-731-2333 or click here to contact us.