If you believe a loved one is in need of a guardianship, the process can be overwhelming. Not only can the forms for guardianship in Nevada be confusing, but the just determining what type of Nevada guardianship you need is enough to make people put off guardianship until it is too late.
We offer the following information to help you determine the type of guardianship you may need for your particular case. In Nevada, there are 4 types of guardianships including: guardianship of the person only, guardianship of the estate only, guardianship of the person and the estate and a temporary guardianship. Each type of guardianship is explained in more detail below.
Guardianship of the Person: This type of guardianship gives someone other than the proposed ward (the proposed guardian) “care, custody and control of the ward.” Essentially, the Guardian of the Person is responsible for proper care, maintenance, education and support of the ward. The guardian of the person is responsible for personal and medical decisions only.
Guardian of the Estate: This type of guardianship allows someone other than the ward (the proposed guardian) to care for the property and finances of the ward. Sometimes the guardian of the estate may also be referred to as a property guardian, financial guardian, or conservator of the estate.
The guardian of the estate is responsible for protecting, preserving, managing and disposing of the ward’s estate and must act in the ward’s best interests. This type of guardianship makes the guardian responsible only for financial decisions concerning the ward. These responsibilities may include, but are not limited to: the sale of a ward’s real or personal property, managing all income, filing annual accountings with the court, closing bank accounts, selling stock.
These types of guardianships are regulated by the Nevada Revised Statutes and anyone seeking a guardianship of the estate should consult an attorney to determine the correct process for disposing of the ward’s estate.
Guardian of the Person and Estate: This type of guardianship makes the proposed guardian responsible for decisions concerning the proposed ward’s person and estate. The Guardian of the Person and Estate is responsible for financial, medical and social decisions for the ward. A guardian of the person and estate has specified duties under Nevada Law. Again, someone seeking to be appointed as a guardian of the person and estate for a proposed ward should consult an attorney.
Temporary Guardianship: This is sometimes referred to as an emergency guardianship. This can occur when there is an emergency that requires a guardian be appointed. To meet the requirements for a temporary guardianship, the proposed guardian must show: (1) the proposed ward faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention; (2) the proposed ward lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention; and (3) the proposed guardian has tried in good faith to notify the persons entitled to notice under Nevada law.
If you are considering a guardianship in Nevada for a loved one and need more information, we are here to help. You may contact our office at (702) 433-2889 or fill out our online form to schedule a consultation to discuss whether a guardianship is right for you and the type of guardianship you may need.