Protecting Loved Ones: Adult Guardianship in Nevada

When an adult can no longer care for themselves due to disability or mental illness, adult guardianship may be necessary. Guardianship of an adult is a legal arrangement in which a court appoints someone to make important life decisions for an adult who can no longer manage their own daily activities or make decisions about important financial or medical matters.

Deciding to seek adult guardianship can be a difficult decision. But, it can be a beneficial and necessary step to ensure a vulnerable adult remains safe and well cared for.

If you are considering guardianship of an adult family member who is incapacitated, the Vander Laan Law Firm, LLC, can help. Contact our law office today to schedule a confidential appointment to discuss your situation.

What Is Adult Guardianship?

Adult guardianship is an important legal tool that can help adults who can no longer make important medical, legal, and/or financial decisions on their own. Guardianship of an adult gives one person the legal right to make decisions on behalf of another person who is unable to do so. The guardian is appointed by the court to handle financial, healthcare, and/or personal matters for an incapacitated person, called the protected person.

When Is Adult Guardianship Necessary?

Adult guardianship may become necessary when an adult can no longer make important medical, financial, or legal decisions on their own. Legal guardianship may be necessary for adults who have dementia, intellectual disabilities, traumatic brain injuries, or severe mental illnesses that inhibit their ability to make safe or appropriate decisions on their own. In these situations, a family member, medical professional, or another concerned party might observe changes in the person’s daily living habits, personal care, or financial management, prompting the discussion about establishing legal guardianship.

How To Obtain Guardianship of an Adult?

To establish legal guardianship, a family member or someone close to the proposed protected person begins the process by filing a petition with the appropriate district court. In Nevada, the initial guardianship filing must include:

• A Cover Sheet, which provides basic information about the guardian and the proposed protected person.
• The Confidential Information Sheet, which requires identification documents for the proposed guardian and the proposed protected person.
• The Petition for Appointment of Guardian, which tells the court who is asking to be named guardian and who will be the protected person and explains why guardianship is necessary.
• A Citation to Appear and Show Cause, which the court will use to set a hearing date.
• A Physician's Certificate, which is completed by a doctor and tells the judge about the protected person’s medical condition(s) and, when necessary, can ask the court to excuse the protected person from attending the hearing in person.

The Petition for Guardianship must be filed with the appropriate district court, and the paperwork will be served on the proposed protected person’s relatives and, potentially, other interested agencies.

The court will schedule a hearing during which time the judge can ask any questions. Anyone contesting the guardianship can attend to explain why they oppose it. The judge will then decide whether to grant the guardianship. If the judge needs more information, they might schedule a hearing to hear from witnesses and examine other evidence.

Types of Adult Guardianship in Nevada

Nevada recognizes three types of guardianship, with varying levels of responsibility and oversight for the proposed protected persons.

Full Guardianship

In a full guardianship, the guardian can make all major decisions for the protected person, and the protected person retains minimal legal rights. Full guardianship may be granted in situations where the protected person suffers cognitive impairments or chronic mental illness that affects their decision-making.

Limited Guardianship

A limited guardianship grants the guardian authority over certain areas of the protected person’s life, such as medical care or financial management. Limited guardianship is less restrictive and is appropriate for adults who can make some of their own decisions but need help in specific areas.

Temporary Guardianship

Temporary guardianship is a short-term arrangement typically used in emergencies, often for a limited time to address immediate concerns about the protected person’s safety or well-being. Typically, the court appoints a temporary guardian for a specific time, often until a full hearing can be held. The temporary guardianship can be extended as necessary, depending on the circumstances.

Considering the Least Restrictive Option

Because guardianship can limit the protected person’s freedom, courts always consider first if any less restrictive options are available.

How the Vander Laan Law Firm Can Help

Seeking a guardianship can be a challenging process. If you are considering adult guardianship in Nevada, Natalia Vander Laan can provide the insight, advice, and legal representation you need.

Contact the Vander Laan Law Firm

Contact the Vander Laan Law Firm today by calling (775) 461-2897 or completing our online form. We look forward to discussing your situation and how we can help.