Under Nevada state law there are several basic types of guardianship. The four most common types involve persons, estates, persons and estates, and temporary appointments. Normally, adults make decisions for themselves. When some condition or defect interferes with competency, the courts in Las Vegas can appoint a guardian to make decisions.
Guardianship Over Persons
A common type of guardianship in Las Vegas involves persons that can no longer care for themselves or make decisions. The guardianship over the person can be for an adult or a minor. This appointment creates a relationship of guardian and ward. The guardian can make personal, medical, and life decisions for the ward. In the case of a minor, the guardian can also decide matters such as schools and residence.
- Guardianship over an adult can last until the conditions that interfere with the adult’s competency resolve. Potentially, guardianship over an adult can last a lifetime. The appointment can be a general or limited guardianship.
- Guardianship over a minor occurs when parents cannot make decisions for the child. Potentially, a guardianship over a minor can last until the child reaches the age of 18.
Guardianship over an Estate
This type of appointment authorizes the guardian to make financial decisions on behalf of the ward’s estate. The estate usually consists of cash, property and other valuable assets. The power is limited by court supervision, and the court must approve severe changes such as selling assets.
Guardianship over Person and Estate
The appointment over the person and estate is the broadest type of guardianship in Las Vegas. The powers include personal and financial decisions over the person and financial decisions for the estate.
One form of guardianship in Las Vegas does not necessarily require court action. Parents can establish a temporary guardianship for up to six months by creating an agreement that meets the requirements of Nevada law. They can file this notarized agreement with a court.
Guardian Responsibilities Under Nevada Law
Under Nevada law, the guardian must carry out the terms of the appointment, and this applies to temporary, limited and general appointments. Also, every guardian has a fiduciary duty to the person or estate they represent. This duty requires open and fair dealings with the person and or the estate.
Responsibilities Before the Guardianship
- File petition for guardianship with Las Vegas courts.
- File physicians report to support need for guardianship.
- File proof of notice to relatives including spouse, parents, siblings, and grandparents.
Responsibilities During the Guardianship
- File an accounting of assets at the beginning of the appointment.
- File an accounting of assets annually.
- Prepare and file an annual report to the Court on use of ward’s assets.
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