Guardianship

Types of Guardianships

Guardianship is a legal process designed to protect the rights and wellbeing of individuals who are incapable of managing their own affairs. These individuals can be children, elderly adults, or persons with mental or physical disabilities. There are four main types of guardianship under Nevada law: guardianship of the person, guardianship of the estate, temporary guardianship, and joint guardianship.

  1. Guardianship of the Person: Handles the physical and personal care of the individual, such as healthcare and housing.
  2. Guardianship of the Estate: Manages the individual’s financial matters, including property and investments.
  3. Temporary Guardianship: A short-term, emergency guardianship, typically lasting less than 30 days, granted when immediate control over the person or estate is necessary.
  4. Joint Guardianship: Shared guardianship between two people, who together make decisions regarding the person or estate.

All forms of guardianship in Nevada require court proceedings and oversight, with guardians expected to act in the best interest of the individual in their care.

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Eligibility to be a Guardian

In Nevada, anyone aged 18 or older and mentally competent can potentially serve as a legal guardian. Preference is often given to Nevada residents and relatives, but non-residents can be appointed if it serves the ward’s best interest. Individuals with felony convictions or a conflict of interest with the ward (e.g., owner or employee of the ward’s residential facility) are typically disqualified, unless exceptions are made in the ward’s best interest. Potential guardians must complete a guardian training course. If the ward is over 14 and mentally competent, they can nominate their own guardian. Final decisions rest with Nevada courts, focusing on the ward’s needs and best interests. Legal advice is recommended due to the complexity of guardianship laws.

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Guardianship of Child

Guardianship of a child in Nevada refers to the legal process where a court-appointed individual, not the child’s parents, is given the authority to make decisions about the child’s welfare. This may occur if the parents are unable to provide proper care due to mental illness, substance abuse, imprisonment, or death.

Nevada recognizes three types of guardianship:

  1. Temporary Guardianship: Short-term arrangement, typically up to six months.
  2. General Guardianship: Guardian has the same responsibilities as a parent until the child is 18 or the court changes the order.
  3. Guardianship of the Person and Estate: Guardian manages both personal care and the child’s assets.

To become a guardian, a petition is filed in the local district court. A hearing takes place where a judge decides based on the child’s best interests. Guardians must submit an annual report to the court on the child’s status. Given the significant responsibilities, potential guardians should seek legal advice. The main goal is always the child’s best interests.

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Terminating a Guardianship

Terminating a guardianship in Nevada involves a legal procedure that can be instigated either by the guardian, the ward (person under guardianship), or any other interested party who can demonstrate to the court a legitimate reason for the termination. The process varies depending on the circumstances, and it is generally overseen by the courts to ensure the ward’s best interests are always the primary concern.

Grounds for Terminating a Guardianship

Termination may be sought for a variety of reasons. Some of these include:

  1. Guardian’s Inability or Unwillingness to Act: If a guardian becomes unable or unwilling to perform their duties, the court may terminate the guardianship.
  2. Death: The death of either the guardian or the ward automatically terminates a guardianship.
  3. Ward’s Recovery or Improvement: If the ward regains their capacity to manage their own affairs, they can request termination of the guardianship.
  4. Guardian’s Misconduct: If there’s proof of misuse of authority, neglect, or abuse by the guardian, the court may decide to terminate the guardianship.

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