Guardianship Lawyers

serving clients in Henderson, Las Vegas and other Clark County, NV cities

When faced with the need to take on the legal responsibility of caring for your loved one, you’ll need expert legal help to navigate the guardianship process.

Becoming a legal guardian is a selfless act because it involves prioritizing the needs of your loved one over your own, demonstrating a willingness to sacrifice one’s time, energy, and resources.

Smith Legal Group will help ensure all legal requirements for guardianship are met so you can focus on your adult loved one’s needs.

Call (702) 410-5001 for a free consultation if you are looking to become a legal guardian in Nevada.

Guardianship laws in Nevada

Guardianship involves assuming legal responsibility for another person and/or their estate, typically under the supervision and direction of the court.

In the State of Nevada, general guardianships are most common, granting the guardian control over all aspects of the ward’s affairs.

Guardianship can be a voluntary or involuntary process.

Voluntary
Involuntary

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.

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.

Who needs a legal guardian?

Both adults and minor children may be in need a legal guardian.

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.

Adult Wards
Minor Wards

Adults may be in need of a legal 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.

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.

How do I become a legal guardian?

If you believe someone you know could benefit from a guardianship you can petition the family court in Nevada for guardianship.

Call our Nevada guardianship attorneys at (702) 827-4963 for a Free Consultation. They will guide you through the process step by step. They will ensure that you meet all the necessary requirements. Additionally, they will help you demonstrate your ability and means to provide care and control for the adult or minor ward. This includes assisting you in meeting your burden of proof. You’ll need to show that the would-be ward is incapable of managing certain aspects of their day-to-day life.

Guardianship will be refused to people who do not meet the statutory requirements and follow the proper process to establish Guardianship.