Guardianship Overview

Do You Need to Protect Someone via Guardianship?

Guardianship is the responsibility and authority to care for a ward (person) OR estate (property); or a ward AND estate. See NRS 157.017. A “ward” is the person who the guardian is assigned to.

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Why would Guardianship be granted?

  • A Guardianship of an adult could be granted for reasons of incompetency, mental illness and deficiency, or old age.
  • A Guardianship of a minor could be granted if there is a need to provide for the basic needs of that child, if the parents have been habitual alcohol or drug abusers, or if the parents have been convicted of a crime or domestic violence.

Who would be the most likely candidates for Guardian?

The court prefers family members when appointing a guardianship. For example a spouse, adult child, parent, adult sibling, grandparent or adult grandchild, uncle, aunt, and adult niece/nephew would be favored over a family friend.

Do I Need a Lawyer for a Guardianship Case?

Guardianship cases are full of possibilities for error when trying self-representation. For example, there is often tremendous stress between the natural parents of minors and often the grandparents of the minor, some try to type out invalid agreements to have notarized, and there are often problems when the natural parents try to take back the children they have left with grandparents while they are using drugs, etc. Potential guardians should speak with an experienced attorney to analyze their situation and advise them.

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