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Las Vegas Family & Divorce Attorney > FAQs > Las Vegas Guardianship FAQs

Las Vegas Guardianship FAQs

What is guardianship?

Guardianship occurs when a person is given legal authority to make decisions for another person. In the case of children, guardianship is standing in for a parent, and making decisions such as enrolling a child in school and obtaining medical care. For adults, it is making sure the adult is cared for, has food, clothing, shelter and other necessities, and can including managing the adult’s assets and paying their bills.

What is a Ward?

A Ward is the person that is need of a guardian.

What is a Guardian of the Person?

A Guardian of the Person has the responsibility of ensuring that the Ward is cared for. This includes the necessities of life, such as food, clothing and shelter, as well as medical care and education (if applicable).

What is Guardian of the Estate?

A Guardian of the Estate has the responsibility to maintain the Ward’s assets. This includes managing income and expenses, and making sure the Ward’s bills are paid. In the case of children, it can be as simple as maintaining a blocked account on the child’s behalf because children cannot legally own money.

What is a bond?

A bond is essentially an insurance policy that protects the Ward’s money and any potential mismanagement of funds.

Why do I have to have a blocked account?

Either a bond or a blocked account is required by law to protect the Ward’s assets. Depending on the value of the assets, a smaller operating account can be opened for payment of monthly expenses, but you must obtain court permission prior to doing so, and if you do not have a bond, you must have a blocked account.

Can I deposit the Ward’s money into my account?

The Ward’s money and your money can never mix. This is called co-mingling assets, and it is strictly prohibited. You must keep the Ward’s assets titled in the Ward’s name with the Guardian listed in their capacity as Guardian.

Do I have to account for how I spend money with the Court?

If the Ward’s assets are more than $10,000.00, you are required to file annual accountings with the Court each year. The accounting is due one year from your appointment as Guardian. You must keep receipts and keep track of all income and expenses.

Can I sell the Ward’s property?

Court permission is generally required to sell or liquidate large assets, but this can vary on a case by case basis. Court permission is needed to sell real property, such as a house, and the sale is subject to court approval and a bidding process that occurs in court.

How to I obtain guardianship?

You must file paperwork with the Court and the Court must order the appointment of a Guardian. You must also have medical evidence stating that the Ward is incompetent and is not capable of managing their affairs. A Physician’s Certificate can be obtained here: Adult Guardianship Physicians Certificate

What is a temporary guardianship?

A temporary guardianship can be obtained on an emergency basis if the Ward is in need of emergency medical care or is at risk of financial harm.

What is a conservator?

Other states use the terminology “conservator” to refer to what Nevada calls a Guardian of the Estate.

How is a guardianship ended?

A guardianship of a minor ends when the child turns 18. If it is a guardianship of an estate of a minor, a court order terminating the guardianship is often needed for the Ward to access the funds once they turn 18. A guardianship of an adult ends of the adult manages to regain competency, such as coming out of coma, or when the adult dies.

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