FAQs about Guardianship of Minors

faqs concept

Sometimes, it’s necessary for a child to live with a legal guardian instead of a parent. This might happen if the child is orphaned, has one or both parents in prison, or has parents who are unwilling or unable to take care of the child for another reason.

Below are legal answers to 4 frequently asked questions about guardianship in Nevada. If you have additional questions, please visit our guardianship page.

What is a legal guardian?

A legal guardian cares for a minor’s needs by providing food and housing and arranging education and medical care. Usually, this person is someone other than the child’s parent.

Guardians are also often tasked with managing the child’s finances, especially if they have received more than $10,000 in assets or property and need administration assistance.

Sometimes, guardianship is granted solely to manage a child’s estate, not to provide for their basic needs.

How does guardianship differ from adoption?

Several events can trigger the end of a guardianship:

  • The child reaches age 18.
  • A judge determines that the guardianship is no longer necessary or beneficial.
  • The sole purpose of the guardianship was to manage the minor’s estate, and the assets have been exhausted.
  • The guardian requests to be relieved. In this case, the court will appoint a new guardian.

Should I become a child’s guardian?

If you have a child in your care whom you plan to provide for long-term, consider becoming a guardian. This legal status makes it easier to enroll the child in school, get medical care when needed, and more.

Even if you’re the child’s biological parent, guardianship may benefit you if the child inherits property, receives a court settlement, or is owed money totaling tens of thousands of dollars. By setting up guardianship, you can legally manage these assets with no reluctance from the court.

How do I become a guardian in Nevada?

In most cases, the court appoints guardians. Minors over age 14 may nominate a guardian, and the child’s parents may do the same in their will or durable power of attorney. The court usually appoints these nominees unless there’s reason to believe they’re not qualified.

Prospective guardians can also nominate themselves. In most cases, this involves proving that the child’s parents or current caretakers are ill-suited to have custody of the child. Proof can come from personal testimony, interviews with the minor, child protective services reports, police reports, or court-ordered reports.

Guardianship Attorneys in Nevada

Smith Legal Group can build a case to ensure the child you care about gets the guardianship they deserve. Contact our Henderson, NV office at 702-410-5001 to request a free consultation if you seeking guardianship or struggling with a contested guardianship case. Our team of Guardianship attorneys works around the clock for our clients, providing appointments when needed, even after hours and on weekends. We will formulate a customized legal strategy for you.

Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.