When a loved one needs care and protection.
Guardianship means obtaining the legal authority to make decisions for another person. A “guardian” is the person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the “ward.”
Normally, parents have the legal right to make decisions for their children, and adults have the legal right to make decisions for themselves. Sometimes this is not possible, and someone else needs to step in to take care of a child or an adult.
A guardianship may be needed over a child if there is no parent available to care for a child. A guardian over the child’s estate may be needed if the child inherited assets (for instance, life insurance or cash accounts). This protects the assets until the child is an adult.
A guardianship may be needed over an adult if the adult is incompetent, meaning the person is unable to take care of himself or herself due to mental illness, mental deficiency, disease, or mental incapacity. A guardianship may also be needed if the adult is of limited capacity, meaning the person can make some, but not all decisions necessary for his or her own care.
There are three different types of guardianship in Nevada. Anyone asking the court to be named a person’s guardian must specify what type of guardianship is sought:
Guardianship over the Person: this type of guardianship means the guardian is responsible for the well-being and care of the ward. The guardian will be able to make personal and medical decisions for the ward, including healthcare decisions, decisions about where the ward will live, and in the case of children, decisions regarding school.
Guardianship over the Estate: this type of guardianship allows the guardian to make financial decisions for the ward. It is important to know that court approval is typically needed to spend or sell any of the ward’s assets, even after a guardianship is granted.
Guardianship over the Person and Estate: this type of guardianship allows the guardian to make personal, medical, and financial decisions for the ward.
Call us at Gerrard Cox Larsen at 702-796-4000 if you feel that you need a consultation or assistance setting up a Guardianship. Our attorneys have significant experience establishing and litigating Guardianships.