Eligibility to be a Guardian of a Child: Your Checklist

Eligibility to be a Guardian of a ChildTrying to figure out if you qualify for being a guardian of a child in the state of Nevada? You have come to the right place.

Today, we are going to over what you must do or be to be eligible to be a guardian.

How to Become Guardian of a Child General Qualifications

First things first, you should always keep in mind that the court of Nevada can appoint anyone that they think will be a suitable guardian.

You should also know that a guardian does not have to be a relative of the person who needs the guardian either. Even though the court of Nevada will give preference to the protected person’s relatives, if there is more than one person looking for guardianship over them.

Here is how guardianship will work. One person can go to court and petition to be guardian, but if two people (typically a couple) can go to the court and petition to be what is known as co-guardians.

Now the court of Nevada can require you, the guardian to go through training that the court sees fit for this personal guardianship case as well.

What is NOT Acceptable for Guardianship

Now, that we have talked a little bit about how you can become eligible to be a guardian, let’s talk about what is not acceptable, if you are looking to get guardianship over a protected person.

  • If you are incompetent
  • If you are a minor
  • In the last 7 years, you have filed for bankruptcy
  • If you have been convicted of a felony
  • If you have been disbarred or suspended from practicing accounting, law, among other professions where you will handle money
  • If you committed a crime of abuse, exploitation, domestic violence, abandonment of child, isolation

What if More Than One Person Petitions to be Guardian?

If you and your partner want to file for guardianship, you can file one set of paperwork and ask the court of Nevada to appointed co-guardians.

However, if you were to file separately this is when the court of Nevada will have to select the person who is more qualified to be guardian. For the court to do that, they will put the following into consideration:

  • If there was someone appointed to be guardian in a will among other legal writing
  • If the child is over the age of 14, their preference
  • Your relationship with the protected person
  • CPS recommendation

What Happens if no one Meets the Eligibility to be a Guardian?

If no family or friends are either able to set up as guardian or willing to serve as a guardian, then the next option will be the Office of the Public Guardian. However, this will be the court of Nevada’s final option.