Legal Guardianship is an effective way of protecting the financial and legal interests of an elderly family member or minor who cannot manage their own affairs. Usually, the court will appoint medical experts to evaluate the mental and physical condition of the family member (a.k.a. ward). The expert will make a recommendation indicating the degree to which the person in question is able to manage their own affairs.
Guardianship does not remove all of a person’s rights. Depending on the situation, some rights may be transferred to the guardian while others may be retained by the ward. Once a guardian is appointed, the guardian has certain responsibilities to the ward such as accounting for the ward’s financial affairs.
In the case of elderly parents or family members suffering from Alzheimer’s disease or dementia, establishing a guardianship ensures they won’t be taken advantage of by unscrupulous heath care providers, neighbors, or family members. Even in cases where illness or disease is not a concern, an elderly parent can still retain certain financial and legal rights in regard to the transfer of a home title, banking privileges, and other matters.
A guardianship of a minor child may be granted without a hearing if:
- The proposed ward is younger than 18 years old.
- Two people will be co-guardians of the proposed ward. And at least one of those people is a resident of Nevada for at least 6 weeks prior to the filing and both are competent.
- Children 14 years or older must sign consents.
One of these apply:
- Both natural parents will sign consents.
- One is deceased and the other natural parent will sign.
- One natural parent rights have been terminated by Court order and the other will sign.
- The child’s natural mother will sign and the identity of the father is unknown. This must be proved with a birth certificate.
A hearing is needed for the Appointment of Guardianship of a minor if one or both of the natural parents will not sign a consent form.