Guardianship

Guardianship

A court may appoint a guardian for a variety of reasons. A person may be a guardian for an adult, child, and estate. In Nevada, a guardianship may be for a short or long duration. In some situations, a guardianship may not be the only option.

If you are considering a Nevada guardianship, an experienced lawyer can help you explore your options. Anthem Divorce Lawyers have over 25 years of experience. Contact us today for a consultation.

What is a Guardian?

Under Nevada Revised Statute (NRS) 159.017, a guardian is any person appointed “as guardian of the person, of the estate, or of the person and estate for any other person." A guardian can include an organization and joint appointees.

Who is a Protected Person?

Per NRS 159.0253, a protected person is “any person, other than a minor, for whom a guardian has been appointed."

Who is a Protected Minor?

Under NRS 159A.0251, a protected minor is “any minor for whom a guardian has been appointed."

Can Anyone Be a Guardian?

Any competent adult may be considered as a guardian. The court must consider certain factors before appointing a person as guardian. Certain facts may prevent the court from appointing someone as guardian. Some of the factors the court will consider include:

  • If the person has filed for bankruptcy in the last seven years.
  • Whether the person has a felony conviction.
  • A professional’s suspension or disbarment from the practice of law or other money management profession.
  • A previous conviction of domestic violence, abuse, neglect, exploitation, isolation, or abandonment of a child, spouse, parent, or other adult.

Guardianship of Minors

In Nevada, under NRS 159A.0487, a court may appoint the following types of guardians for a minor:

  1. Guardians of the person, of the estate, or of the person and estate for minors whose home state is Nevada.
  2. Guardians of the person or of the person and estate for minors who, although not residents of Nevada, are physically present in Nevada and whose welfare requires such an appointment.
  3. Guardians of the estate for nonresident minors who have property within Nevada.
  4. Guardians ad litem.

Under NRS 159A.052(1), the court may appoint a temporary guardian for a minor in need of immediate medical attention.

Guardian Ad Litem

The court appoints a guardian ad litem “to research what solutions would be in the ‘best interests of a child’ with the goal of protecting the interests of a child or children in a particular matter." The guardian ad litem does not make “diagnostic, legal, or therapeutic recommendations."

Termination of Guardianship

Pursuant to NRS 159A.191(1),  guardianship of the person, of the estate, or of the person and estate is terminated:

  • By the death of the protected minor.
  • Upon the protected minor’s change of domicile to a place outside Nevada and the transfer of jurisdiction to the court having jurisdiction in the new domicile.
  • Upon order of the court, if the court determines that the guardianship no longer is necessary.
  • On the date on which the protected minor reaches 18 years of age.
  • On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if:
    1. The protected minor will be older than 18 years of age upon graduation from high school; and
    2. The protected minor and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the protected minor will become 18 years of age.

Guardianship of Adults

In Nevada, under NRS 159.0487, a court may appoint the following types of guardians for an adult:

  1. Guardians of the person, of the estate, or of the person and estate for persons who are incapacitated whose home state is Nevada.
  2. Guardians of the person or of the person and estate for persons who are incapacitated who, although not residents of Nevada, are physically present in Nevada and whose welfare requires such an appointment.
  3. Guardians of the estate for nonresident persons who are incapacitated who have property within Nevada.
  4. Special guardians.
  5. Guardians ad litem.

Under NRS 159.0523(1), the court may appoint a temporary guardian for an adult who is unable to respond to a:

  • Substantial and immediate risk of physical harm.
  • Need for immediate medical attention.

Guardian Ad Litem

Pursuant to NRS 159.0455(4), a guardian ad litem “shall not offer legal advice to the protected person." The guardian ad litem shall:

  • Advocate for the best interests of the protected person in a manner that will enable the court to determine the action that will be the least restrictive and in the best interests of the protected person.
  • Provide any information required by the court.

Termination of Guardianship

In Nevada, an adult guardianship may terminate for several reasons. Under NRS 159.191(1), a guardianship of the person is terminated:

  • By the death of the protected person.
  • Upon the change of domicile of the protected person to a place outside Nevada and the transfer of jurisdiction to the court having jurisdiction in the new domicile.
  • Upon order of the court, if the court determines that the guardianship no longer is necessary.

NRS 159.191(2) states:

  • If a court appoints or extends the appointment of a guardian of the person pursuant to NRS 159.343, the guardianship is terminated on the date on which the protected person reaches 21 years of age, unless the protected person petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159.1905 and the court grants the petition.

Guardianship of the Estate

Under NRS 159.191(3), a guardianship of the estate is terminated:

  • If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian.
  • If the court determines that the guardianship is not necessary and orders the guardianship terminated.
  • By the death of the protected person, subject to the provisions of NRS 159.193.

Nevada Guardianship Alternatives

Guardianships can be necessary in some situations. In other situations, alternatives to guardianship may help solve the problem. In Nevada, alternatives may be less restrictive than a guardianship. An alternative may preserve a person’s right to make personal or financial decisions.

A Nevada guardianship is a complicated matter. If you have questions about a guardianship or alternatives, contact an experienced guardianship lawyer. Anthem Divorce Lawyers have guardianship experience and can advise you of your options. Contact us today for a consultation.

Alternatives to Guardianship

In many situations, a guardianship is not the only option. Whether a guardianship alternative will work in a situation depends on the facts of the situation. Below are some alternatives to guardianship that a person may consider:

  • Supported decision making agreement
  • Durable power of attorney
  • Living will
  • Durable power of attorney for health care decisions.
  • Living trust
  • Temporary guardianship for minor children
  • Community support options for children with disabilities approaching adulthood
  • Adoption for minor children
  • Public guardian representative payee for a person over 60 having trouble managing their finances.

This list is not exhaustive. There may be different options available depending on your unique situation. A lawyer can help you understand your options.

Experienced Guardianship Lawyers

A guardianship can be a complicated process with long term consequences. The team at Anthem Divorce Lawyers can help you navigate guardianship issues and possible alternatives. We are located in Henderson, Nevada and work with clients all over the Las Vegas area. Contact us today for a consultation.

Child Custody and Support Services