In Nevada, adult guardianship is a legal process in which the court appoints a trusted individual to assist an adult who is unable to manage their personal or financial matters. This often involves elderly individuals with memory loss or adults living with significant disabilities.
The court-appointed person, known as a guardian, is responsible for making decisions in the best interest of the person they are protecting. Their role is to ensure safety, health, and overall well-being.
Adult guardianship becomes necessary when someone is unable to make informed decisions due to mental or physical limitations. This can include paying bills, managing medication, or ensuring daily care needs are met. If no planning tools, such as a power of attorney, are in place, guardianship may be the only solution. It’s a way the court steps in to protect vulnerable adults when no other support exists.
We’ll explain it all in plain language—no legal jargon, just clear and helpful information. Whether you’re caring for a loved one or planning for the future, understanding your options matters. Let’s make sure you know how to support and safeguard the people you love.
What Is Adult Guardianship?
Adult guardianship is a legal arrangement in which a court grants someone the authority to make decisions on behalf of an adult who is unable to do so themselves.
The person needing help is called the “protected person,” and the helper is the “guardian.”
There are different types of guardianship in Nevada:
- Guardian of the Person: Handles personal decisions like healthcare, living arrangements, and daily needs.
- Guardian of the Estate: Manages financial matters, including bills, property, and income.
- Guardian of the Person and Estate: Takes care of both personal and financial decisions.
Guardianship is considered when an adult can’t make safe decisions due to conditions like dementia, mental illness, or developmental disabilities. The court assesses the situation and decides if guardianship is necessary.
It’s important to note that guardianship is a serious responsibility. The guardian must act in the best interest of the protected person and may need to report to the court on a regular basis.
Understanding adult guardianship helps families make informed decisions to protect their loved ones. In the next section, we’ll discuss when guardianship is necessary and how to initiate the process in Nevada.
When Is Adult Guardianship Needed and How Does It Start?
Adult guardianship isn’t something families take lightly. But in some cases, it’s the safest and most caring choice. Let’s look at when it’s needed and how to begin the process in Nevada.
When Is Guardianship Necessary?
Guardianship may be needed when an adult is unable to make safe decisions or care for themselves. This can happen because of:
- Memory loss (like dementia or Alzheimer’s)
- Mental illness
- Serious injury or illness
- Developmental disabilities
If a person can’t handle everyday tasks like paying bills, taking medicine, or making medical decisions, and no one has legal authority to help, guardianship may be the correct answer.
You may also need guardianship if no power of attorney or trust is already in place. Without these tools, family members cannot legally make decisions, even if they are trying to help.
How the Guardianship Process Works in Nevada
Guardianship cases in Nevada are handled in probate court. Here’s how the process usually goes:
- Filing a Petition
A family member or close friend fills out court forms asking to become the guardian. This petition explains why the adult needs help and who is best to provide it. - Medical Proof
You’ll need a doctor’s report showing the person has trouble making decisions due to a health condition. - Court Hearing
A judge reviews the information, talks with everyone involved, and decides if guardianship is needed. - Appointment and Oversight
If approved, the court appoints a guardian. That guardian may need to submit reports every year to demonstrate they are doing the job properly.
Sometimes, this process can be emotional. But with help from an experienced lawyer, like Sean M. Tanko Law, families can get through it smoothly and legally.
Planning early can help avoid this process. But if guardianship is needed, knowing the steps makes it easier to protect your loved one.
What Does a Guardian Do in Nevada?
Once someone becomes a legal guardian, they have serious duties. A guardian’s job is to protect the adult and act in their best interest.
There are two main areas where guardians help:
1. Personal Care
If you’re a guardian of the person, you help with:
- Doctor visits and medical decisions
- Choosing a safe place to live
- Making sure they have food, clothes, and daily care
- Keeping them safe from harm or abuse
You don’t control the person you support them and speak for them when they can’t speak for themselves.
2. Financial Help
A guardian of the estate takes care of the person’s money. This includes:
- Paying bills
- Managing income and assets
- Protecting property like homes or bank accounts
- Keeping records and giving yearly reports to the court
If someone is both the guardian of the person and the estate, they handle all of the above. Nevada law takes this seriously, and the court ensures that the guardian is doing things correctly.
Can Guardianship End?
Yes. Guardianship can end if:
- The adult gets better and can manage on their own
- The court decides a different solution works better
- The guardian is no longer able or willing to serve
In all cases, the court remains involved to protect the adult. If you’re thinking about becoming a guardian or need help with a loved one in need, Sean Tanko Law can guide you through the process, simply and clearly.
Conclusion
Adult guardianship in Nevada provides a legal means to protect individuals who are unable to care for themselves. It allows families to step in with the authority to make crucial decisions with love and intention. Whether it’s due to aging, illness, or disability, guardianship provides peace of mind. It’s about doing what’s right for someone you care about deeply.
Guardians are entrusted with major responsibilities—from healthcare to financial oversight. But they don’t have to navigate this journey alone. Support, guidance, and legal clarity are essential to fulfilling this vital role. That’s where experienced professionals can make a meaningful difference.
If you’re considering guardianship for a loved one, you don’t have to face it alone. The team at Sean M. Tanko Law is here to walk you through each step with care. Contact us today to explore your options and get trusted legal support. Start the process with confidence, compassion and a clear understanding.
