Las Vegas Guardianship Attorney
Taking over the care of a loved one can be stressful and confusing. You want to know you’re doing the right thing—legally, emotionally, and morally. Going through the guardianship process with the help of an experienced guardianship lawyer goes far toward alleviating worry and boosting confidence. At Ghandi Deeter Blackham Law Offices, our Las Vegas guardianship attorneys work to streamline the guardianship process for clients while ensuring the guardianship relationship is clearly established and beneficial to all involved.
Guardianship in Nevada
Guardianships are most common with children and the elderly. Guardianship of a child may be necessary if a parent has passed away or when a parent is unable to care for a child, such as when addicted to alcohol or drugs. In such a case, a guardian steps in and acts as a parent until the parent can resume the responsibilities of a parent or until the child turns 18 and is a legal adult. If the need for a guardian is understood to be a short-term responsibility, like in the case of hospitalization for drugs or other health-related issues, it is possible to use a six month temporary guardianship agreement to temporarily meet the needs of the child during the parent’s absence.
In the case of adults, guardianship is most often needed when an elderly person suffers from dementia, although adult guardianships are also granted for many other reasons if an adult is unable to care for himself or herself physically and/or financially. For example, we have experience helping the parent(s) establish guardianship of a disabled adult child. In all circumstances, a guardian of an adult is responsible for ensuring the adult is cared for and his or her assets are managed properly.
Who Can Be a Guardian in Nevada?
A Nevada court may appoint anyone who is suitable to serve as a person’s guardian. The guardian does not have to be related to the person over whom the guardianship is requested, but preference is generally given to suitable relatives if multiple people petition for guardianship. If two people agree to share guardianship, they can file one petition asking a court to be appointed co-guardians. However, if different people want to separately be appointed guardian, the court selects the most suitable person, looking at factors such as the closeness of the family relationship, whether a will or any other writing exists, and professional recommendations. We can help you build a strong case for guardianship if you expect any opposition from others.
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.
Speak to an Experienced Las Vegas Guardianship Attorney Today
There’s nothing more important than the safety and well-being of our loved ones. At Ghandi Deeter Blackham Law Offices, we understand this, and throughout the guardianship process, we will make the happiness and comfort of the people you care about our top priority. For more information about guardianship in Nevada, please contact our Las Vegas law office and ask to speak with an experienced guardianship lawyer.