Valuable Information on NV Guardianship
Nevada Guardianship Laws
The majority of Nevada guardianship laws are located in NRS Chapter 159. Several of these laws on Nevada guardianships are referenced within this article, and for a complete listing of all laws under Chapter 159, regard the following link under the state’s legislature:
Information on this website is also referenced from the Nevada Guardianship Association, as well as the Supreme Court of Nevada. Links to these two resources on NV guardianship are listed below:
• https://nevadaguardians.org/index.php?option=com_content&task=blogcategory&id=2&Itemid=2
• https://lawlibrary.nevadajudiciary.us/forms/standardizedGuardianshipforms.php
Who is Eligible for Nevada Guardianship?
In order for an adult to qualify for a NV guardianship for an incapacitated ward or minor, they must be at least over the age of 18, and the state will usually give preference to family members before anyone else.
Nevada guardianships will never be granted to convicted felon or person who has been determined as incompetent. The party will have to testify in front of a judge as to why they believe the NV guardianship is best for the interests of the ward.
Different Types of Nevada Guardianships
There are six different types of Nevada guardianship, and these guardianships are briefly described below:
1. Guardianship of Person- this type of Nevada guardianship assists the ward with personal care, placement into a certain residence, safety, and medical decisions.
2. Guardianship of Estate- this type of NV guardianship helps the ward with the security and management of their finances and assets.
3. Guardianship of Person and Estate- this type of Nevada guardianship contains responsibilities for both personal and financial care.
4. Special Guardianship of Limited Capacity- In these types of Nevada guardianships, a court will hear testimony from the ward and future guardian and determine the responsibilities of both the ward and guardian.
5. Co-Guardianship- this type of NV guardianship is rare, but allows two or more people to share the responsibilities for the ward.
6. Summary Guardianship- these types of Nevada guardianships allow the guardian to waive annual accounting when the estate is less than $5,000 in value unless a judge determines otherwise.
How do I file for a Nevada Guardianship?
In order to petition for Nevada guardianships, you’ll have to file a petition with your district’s court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the NV guardianship is in the best interests of the ward. For a list of Nevada courts, click on the link below:
https://www.nevadajudiciary.us/index.php/district
For a complete listing of all forms you may need for a Nevada guardianship, visit the following link under the state’s Supreme Court:
https://lawlibrary.nevadajudiciary.us/forms/standardizedGuardianshipforms.php
Nevada guardianships also give the respondent certain rights after the petition has been filed. The respondent must be notified of the place and time of the hearing, be represented by legal counsel, be present at all proceedings except if they have a medical exception. The respondent also has a right to trial by jury and may even cross examine witnesses.
Rules for notices by the petitioner for the NV guardianship are listed in NRS 159.034, and a prospective guardian is highly encouraged to hire the services of an attorney before filing for Nevada guardianship.
