Guardianships of Incapacitated Persons
Guardianship is often needed when a person is unable to make and communicate responsible decisions for their personal care or finances due to a mental, physical or developmental disability. The fact that a person is elderly, mentally ill, developmentally disabled, or physically disabled does not necessarily mean they need a guardian. However, if a family member or friend wishes to assist them and act on their behalf a guardianship may be necessary.
There are two types of guardianships which can be authorized in the state of Nevada: 1) a guardianship of the person, and 2) a guardianship of the estate. There are few qualifications to being appointed as a guardian, however the guardian must act in the best interest of the ward at all times.
- Guardian of the Person
Upon being declared the guardian by the Court, a guardian of the person is the individual responsible for making most of the life decisions for the ward, including authorizing medical care and making living arrangements for the incapacitated person.
- Guardian of the Estate
Upon being declared the guardian by the Court, a guardian of the estate is the individual responsible for making decisions concerning the financial affairs of an individual who has been deemed by the Court to be in need of protection.
A guardian may be required to file an accounting with the Court, petition the Court for making major changes in the ward’s life or financial affairs, and report periodically to the Court on the status of the ward. These obligations can be onerous for someone unfamiliar with Court procedures, filing requirements, and Nevada’s guardianship statutes.
Our attorneys can assist you in obtaining a guardianship for your loved one. Taking such a step can allow an incapacitated or elderly individual to receive proper care and to avoid being a target for exploitation.