Nevada Guardianship Attorneys
Guardianship is a major concern for many families in Nevada and can arise from a variety of circumstances. With so much at stake, issues of guardianship are never taken lightly. As such, many individuals pursuing guardianship of their loved ones seek professional legal assistance to ensure that their case is handled carefully.
Finding an experienced Nevada guardianship attorney can be quite difficult, as the laws regulating guardianship are quite specific and detailed. At John Park Law, we pride ourselves on being one of the top guardianship law firms in Nevada. We work tirelessly to ensure our client’s success in guardianship matters and we are passionate about handling these cases with utmost respect and diligence. Call us today at 702-857-7879 to hear more about how we can fight for your guardianship case.
What Is Legal Guardianship?
A legal guardian is a person who has been appointed, either by the court or some other legal authority, to care for interests for another person. The individual whom the guardian cares for is referred to as a protected person. Nevada law sets forth three different types of guardianship in Nevada Revised Statutes 159.0487, namely:
- Guardianship over the person: the guardian can make personal decisions for the protected person to ensure their wellbeing. This can include healthcare decisions, decisions about where the person will reside, or where the person (if a minor) will attend school
- Guardianship over the estate: the guardian can make financial decisions for the protected person. It should be noted that even in this type of guardianship, court approval is typically needed to spend or sell the protected person’s assets.
- Guardianship over the person and the estate: the guardian can make both personal (health) and financial decisions for the protected person
A legal guardian can also be utilized to protect the interests of either a minor or a person of “limited capacity”.
What Is Limited Capacity?
NRS 159.019 and 159.022 stipulate what conditions must be met for a person to be considered of limited capacity in Nevada, which include:
- They are not a minor, under the age of 18
- They are able to make some, but not all, decisions necessary for their own care and management of their property
Essentially, if a person is unable to receive and evaluate information or make or communicate decisions, they will be considered of limited capacity in the state of Nevada. In the event that a guardian is appointed, the guardianship will last until the protected person regains the ability to care for him or herself or until the protected person passes away.
The Guardianship Process
Individuals seeking guardianship of someone else are required to file a petition in court, within the county that the proposed protected person resides. This means that if you are seeking guardianship of an individual living in Clark county, you must file the petition within their court system. NRS 159.044 discusses the documentation required for filing for guardianship, which must include detailed proof concerning why the guardianship is necessary.
It should be noted that the person seeking guardianship of an incapacitated person must also obtain a detailed report from a physician. This report must explain the limitations of the incapacitated person and how these limitations will affect their safety and wellbeing.
The court will then hold a hearing to evaluate the potential guardian’s qualifications and determine whether or not guardianship is necessary. Testimonies from social workers, physicians, or other experts may also be called for.
All in all, going to court to determine guardianship can be a lengthy and expensive process. There are legal strategies that can be utilized to mitigate the time and associated costs, however, including the use of power of attorney documents and trusts.
How Can A Guardianship Attorney Help With My Case?
Whether you are a potential guardian or a proposed protected person, the guardianship process can be intimidating and, especially in Nevada, legally complex. It is important to find an attorney with a proven track record of success in navigating Nevada guardianship laws. Guardianship cases can have life-altering consequences and it is key to find an attorney who you trust.
John Park Law is one of the leading guardianship law firms in Nevada. We stood at the forefront of shaping Nevada guardianship laws and, as a result, understand how to assist you and your loved one’s in navigating the guardianship courts in establishing a guardianship or protecting a loved one from neglect and isolation. By leveraging our years of experience and knowledge and trying numerous contested cases, we can help you with your guardianship case. Call us at 702-857-7879 to learn how.