What is "Guardianship" in Nevada?


What is Guardianship in Nevada?

The legal definition of guardianship in Nevada is getting the legal authority to make decisions on behalf of another human being. Courts appoint guardians, and the person over whom the court grants guardianship is called a “ward.” 

When is Guardianship necessary in Nevada?

Typically, adults can make legal decisions about themselves and their children. But when a parent is absent, a court may appoint a guardianship over his/her minor children. Or if an adult is incompetent (such as because of mental illness), a court may appoint a guardian over the adult.

What types of Guardianship are there in Nevada?

A "guardianship over the person" is when the guardian is responsible over the ward's care and well-being. This includes healthcare, living, and schooling decisions.

A "guardianship over the estate" is when the guardian can make the ward's financial decisions (though the court usually needs to approve the selling of the ward's assets).

A "guardianship over the person and estate" is when the guardianship can make both personal and financial decisions for the ward.

Note that guardianships can be general or special: A "general guardianship" is when the guardian may make all decisions about the ward's care. A "special guardianship" is when the guardian can make some, but not all, decisions about the ward's care.

How do you get Guardianship in Nevada?

Guardianship petitions often have to be filed in the county where the proposed ward has resided for at least six months. Seek out an attorney for further information, and reference  the Legal Aid of Southern Nevada Family Law Help Center.

When do Guardianships end in Nevada?

Guardianships over children usually last until the ward turns 18, but the court may entertain a request to extend the guardianship until the child finishes high school or turns 19 (whichever occurs first in time). Guardianships over adults persist until the adult dies or regains the ability to make his/her own decisions. But guardians and wards can request that courts terminate guardianships earlier if they are no longer needed.  

Guardianship Attorneys in Nevada

If you are considering a guardianship in Nevada or want to discuss guardianship alternatives, call us at 702-DEFENSE (702-333-3673).

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