Experienced Guardianship Lawyers on Your Side
When you find yourself needing to take control of your loved one’s care you will need both emotional support and legal assistance to take on this emotional and challenging decision. Smith Legal Group is here to help you become a Legal Guardian for your adult loved one in Las Vegas or Henderson, NV. Our Guardianship lawyers will help ensure the Guardianship process and legal requirements are met so you can focus on your adult loved one’s needs without having to worry about any of the headaches that go along with the legal proceedings. Our Guardianship attorneys will walk you through the Guardianship process and requirements to ensure you understand your role as Guardian in the State of Nevada and ensure you achieve the best possible outcome based on your unique situation. Learn more about our Guardianship law firm and get in touch with us today to request a consultation.
What Is Guardianship?
Guardianship is the process of taking legal responsibility for another person and/or the person’s estate – usually under the supervision and direction of the court. Guardianship can be a voluntary or involuntary process, and Guardianship may be granted over adults or a minor child. The Nevada court will determine whether the adult protected person or protected minor child is of an age and capacity to make decisions, based on the circumstances presented. Most Guardianships in the State of Nevada are General Guardianships where the guardian has control over the ward in all aspects. Our Guardianship and/or Conservatorship attorneys are happy to answer any questions you might have and walk you through the process during your free consultation.
Understanding Voluntary & Involuntary Guardianship
There is more than one type of Guardianship, and our Family Law firm can assist you with all types of Guardianship situations. Learn more about Voluntary and Involuntary Guardianships:
- Voluntary Guardianship – In a Voluntary Guardianship, the person with legal responsibility for themselves or another person will nominate a Guardian over the person for whom they have responsibility. The court may or may not be involved in this process. When the courts are not involved, the Guardianship is typically only valid for six (6) months and must be renewed after that period. When the courts do get involved, the Guardianship can continue until such time as it is no longer needed.
- Involuntary Guardianship – With an Involuntary Guardianship, the Prospective Guardian must request Guardianship over the prospective protected person from the court. The Prospective Guardian must prove to the court that the Guardianship is necessary. In an Adult Guardianship, the Prospective Guardian must prove that the prospective ward is not able to care for themselves. Proof is typically provided through a medical or psychiatric examination that determines the ward is incompetent to take care of themselves. In cases involving a minor child, the Prospective Guardian must typically prove that the child’s current caregivers are incapable of caring for the child. Proof can be in the form of reports from Child Protective Services, police reports, personal testimony, child interviews, or court-ordered reports.
Our Guardianship attorneys are well-versed in these types of Guardianships as well as atypical Guardianship situations. Call our office to discuss your specific Guardianship needs.
Who Needs a Guardian?
Both Adults and Minor Children may be in need a Guardian.
- Adult Wards – Adults may be in need of a Guardian for a variety of reasons. Regardless of age, your adult loved one may benefit by you being appointed as their Guardian to ensure proper care when living with a variety of health risks (i.e. dementia, Alzheimer’s, disability, limited movement, inability to drive, adults suffering from physical abuse, substance abuse, or other addictions, traumatic injuries, severe developmental disabilities). During the COVID-19 pandemic, Smith Legal Group assisted a host of individuals and families to establish Guardianships to bring aging parents, grandparents, and family members with special needs home or to safe care facilities where the Adult Protected Person’s needs could be best met and managed. Our Adult Guardianship attorneys know that every circumstance is unique and requires specificity in establishing a Guardianship that meets each Adult Ward and family’s needs.
- Minor Wards – Minor Children require a specific type of Guardianship wherein the Child’s best interests are at the forefront of the Guardian’s purpose. Child Guardianships are typically established when a child’s parents pass away, become incapacitated, abuse and/or neglect, temporary relocation of parents, deployment of parents, incarceration of parents, and a variety of other circumstances. Smith Legal Group has assisted a wide variety of individuals and families establish Child Guardianships, with each Child Guardianship handles case-specific to ensure the best interest of the child were met. Regardless of your specific circumstance, our Child Guardianship attorneys are well-versed in all areas of Child Guardianship to assist you in being appointed as Guardian.
The Process of Becoming a Guardian
If you believe someone you know could benefit from a Guardianship you can petition the Family Court in Nevada for Guardianship. Our Guardianship attorneys will walk you through the process to ensure you meet the requirements and can demonstrate the ability and means to provide care and control for the Adult or Minor Ward, to include meeting your burden of proof that the would-be Ward is incapable of managing certain aspects of their day-to-day life. It is strongly recommended to have an experience Guardianship attorney on your side when deciding whether to seek Guardianship. Guardianship will be refused to people who do not meet the statutory requirements and follow the proper process to establish Guardianship.
Schedule Your Guardianship Consultation Today
Guardianship should not be taken lightly, and Smith Legal Group is here to walk you through the process. We offer free consultations seven days a week, so contact us today to get started.