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Eligibility to be a Guardian

Note:  These guidelines do not apply to private professional guardians, which have other requirements established by law.  If you are seeking guardianship as a private professional guardian, or a guardian who services 3 or more wards not related to you by blood or marriage, FOR A FEE,  you are encouraged to consult with an attorney.The guardian must NOT be mentally incompetent.

 

The guardian must NOT be mentally incompetent.

The guardian must be over the age of 18.

If the guardian is not a Nevada resident the guardian must designate a registered agent.

The guardian cannot have any felony convictions, no matter how old the conviction.

  • The court will grant guardianship to a person with one or more felony convictions ONLY if all 2nd degree relatives have received notice AND there is no one else who can/will serve as guardian.
  • 2nd degree relatives are parents, children, siblings, grandparents, and grandchildren. Aunts and uncles are NOT 2nd degree relatives.
  • Even with consents from the parents, if the guardian has a felony conviction there must be notice to the 2nd degree relatives AND a hearing.
  • The court will NOT grant guardianship to someone with a prior conviction for a sexual crime, even if there are no other relatives to be guardian.
  • The guardian cannot have been suspended or disbarred from practice of law, accounting, or any other profession that involves managing money.
  • The guardian cannot have committed abuse or neglect of child, spouse, parent, or other adult.
  • As with felonies, the court might grant guardianship in this instance only if the 2nd degree relatives have received notice and there is no one else who can serve as guardian.
  • The court will also consider the amount of time elapsed since the abuse/neglect, the circumstances, and the severity of the abuse/neglect.

If more than one person seeks guardianship, the court will give preference to the following:

  •  Individuals nominated for guardianship by the parent if the ward is a minor child or by the ward or the ward’s relative when the ward is an adult.
  • The court will give consideration to requests made by a minor ward age 14 or older but the court can choose to ignore the request.

The following, in order of preference for an adult guardianship:

  • Spouse
  • Adult child
  • Parent
  • Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while competent
  •  Any relative currently acting as agent
  • Adult sibling
  • Grandparent or adult grandchild
  • Aunt/uncle or adult niece/nephew or cousin
  • Any other person recognized to be in a familial relationship with the adult
  • Any recommendation made by a master of the court or special master pursuant to NRS 159.061 or
  • Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while competent. 

The following, in order of preference, for a minor guardianship:

  • Parent
  • Adult sibling
  • Grandparent
  • Uncle or aunt
  •  Any recommendation made by a court master
  • Any recommendation made by:
    • An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or
    • A guardian ad litem or court appointed special advocate who represents the minor.
  • Any request for the appointment of any other interested person that the court deems appropriate.

If there are no family members or friends available to serve as guardian, the Public Guardian may be appointed instead.

The court may also refer the case to the Public Guardian’s Office or a private professional guardian if the court suspects that funds have been taken or that the ward has been mistreated.