Guardianships

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In Nevada, there are several types of guardianships. In Family Law, the most common are Guardianship of the Person, Guardianship of the Estate, Guardianship of the Person and Estate, and Temporary Guardian.

Guardianship of the Person

If someone has Guardianship is over a person (a.k.a “ward”), the Guardian is resposible for the care, education, maintenance, and support of the ward. Simply put, the guardian is responsible for the personal and medical decisions of the ward.

Guardianship of the Estate

If someone in the Guardian of the Estate, they are responsible to protect, manage, preserve, and dispose of the estate in the ward's best interest. They are responsible for the financial decisions only. The legal duties and responsibilities are outlined pursuant to NRS 159 and may include, but are not limited to the sale of the ward's real or personal property, filing annual accounting with the court, closing bank accounts, selling stock, and manage all the wards income.

Guardianship of the Person and Estate

If a person has Guardianship of the Person and Estate of the ward, they are responsible for everything listed above.

Temporary Guardianship

Under Nevada state law, a judge may grant an emergency order of temporary guardianship when the petitioner can show that:

  • The proposed ward faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention

  • The proposed ward lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention

  • The petitioner has tried in good faith to notify the persons entitled to notice under NRS 159.047NRS 159.047.

  • Notice of Guardianship-Related Court Proceedings

The following are entitled to receive notice of all court proceedings at the time the court is petitioned to consider guardianship.  The citation to the proposed ward must state:

  • The ward's rights may be affected as outlined in the petition.

  • The ward has a right to appear at the hearing and oppose.

  • The ward has a right to be represented by an attorney.

  • Spouse and adult children (if none – parents, brothers, sisters of ward.)

  • Administrator of an institution, nursing facility or any person having the care, custody and control of the proposed ward.

  • The Veterans Administration if benefits are paid to the proposed ward.

If the proposed ward is a minor, the following individuals are entitled to receive legal notices:

  • Parents, person or institution having care, control and custody of the minor

  • The minor – if he or she is 14 years of age or older

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