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.  

 

 

 

 

Guide to New York Legal Guardianship Law

 

 

When a person is unable to care for themselves, New York courts may allow a legal guardian to be appointed who will be responsible for that person.  This guide will discuss the way that New York guardianship law works, including eligibility guidelines for legal guardianship and the types of guardianship arrangements permissible under the law.

 

 

Who Needs Legal Guardians?

 

 

In general, anyone who is unable to care for themselves may need a legal guardian appointed by the state according to NY legal guardianship law.  All minor children must be assigned a legal guardian if a parent is unavailable to care for them, according to New York guardianship law, because children are presumed to be unable to have legal responsibility for themselves.  Children may need a guardian appointed under New York legal guardianship law due to the death, imprisonment, or deportation of a parent, or if a parent no longer has the capacity to care for their child.

 

 

Increasingly, old people suffering from mental issues, as well as people of all ages with severe mental and physical handicaps, are also given guardianship arrangements due to NY legal guardianship law.  Assigning a legal guardian in these cases can help ensure that an older or disabled person's financial, legal, and personal decisions are made rationally.  

 

 

Who Determines Legal Guardianship?

 

 

According to New York legal guardianship law, only family court judges are allowed to make final determinations on guardianship.  Parents' wishes are taken into account by NY legal guardianship law, and judges will generally work to make a parent's preferred guardianship arrangement happen.  If a judge rules that a guardian proposed by a parent is unsuitable, however, New York legal guardianship law allows the judge to choose someone else instead.

 

 

Who is Eligible to be a Legal Guardian?

 

 

NY legal guardianship law allows nearly anyone to be a child's guardian as long as it can be shown that the arrangement will be in the best interest of the child.  There are no hard age limits or restrictions on exactly who may be a child's legal guardian according to New York legal guardianship law.  Even people with criminal convictions may serve as a legal guardian, but NY legal guardianship law is likely to remove from consideration anyone who has been convicted of offenses against children.

 

 

Types of Legal Guardianship

 

 

New York legal guardianship law allows for four types of legal guardianship, as well as “backup guardianship” for a person to take over the guardianship arrangement if the initial guardianship arrangement doesn't work out.  A guardian of the person is someone given total control over a person's health, education, and welfare decisions according to NY legal guardianship law.  A guardian of the property is responsible only for someone's money, while a guardian ad litem is someone who acts in a child's best interests in legal proceedings.  The final kind of guardianship under New York legal guardianship law is called a stand-by guardian, who makes decisions only if the parent becomes incapacitated (for instance, a terminally ill parent may want a stand-by guardian arrangement to minimize the difficulty of a child's care transitioning to a guardian).

 

 

 

A Quick guide to California Guardianships

 

 

CA Guardianships

 

 

California Guardianship is offered to a person who has received permission from the court to make certain decisions and take care of a minor or adult who cannot take care of themselves and their property.  The California guardianship can be granted to a person is related or unrelated, but most of the time, a person who is related has more eligibility.  

 

 

The majority of this article will discuss California Guardianships when they apply to a minor child.  For more information on a guardian of the person or guardian of the estate, visit the official website of the CA State Court.  

 

 

 

Becoming a Guardian of a Juvenile Dependant 

 

 

In some cases, the court may declare that if the child returns to the house of their parents, they may be in danger.  In this case, a California guardianship can occur six, 12, or eighteen months after the children have been removed for the household. 

 

 

During the time period in between, a child welfare agency will prepare a permanent plan and the court will prepare an individual permanent report for each child.  If the court determines the child cannot return safely, an adoption, guardianship, or long-term foster care plan will be established.  

 

 

All considered parties who are qualified for California guardianships (a relative, foster parent, or other interested party) may attend a number of hearings and contest why they believe they should be the legal guardian of the child.  The child may even testify during this hearing state which parent is the best California guardianship, and after a party is chosen, they will have to fill out a large number of forms.  

 

 

Apart from filling out any number of forms, California guardianships require a study from a child welfare agency on the home of the guardian. Additionally, the guardian will likely have to meet with the judge who made the decision, and still qualify for guardianship after other interested parties and the parents have given their opinion.  However, once the guardianship hearing is underway, a parent or interested parties my not contest the issue any farther.  

 

 

Removal of California Guardianships

 

 

A California guardianship may be removed at any time if it’s the best interest of the child.  Also, any child who is 14 years or older may ask the court to change their guardian.  The court will then investigate what duties the guardian has performed, what the best interests of the child are, and other factors.  

 

 

A California guardianship can also be ended if the guardian asks the court to resign.  Otherwise, all California guardianships end when the minor turns 18, is adopted, gets married, or becomes legally emancipated otherwise.  

 

 

Rights and Responsibilities of California Guardian

 

 

A CA guardianship may entitle the guardian to the following decision of the minor: 

 

 

• the child’s residence

 

• medical care if the child is under the age of 14 

 

• what school the child will attend and special services for the child

 

• approval of marriage for the minor with approval from court as well 

 

• whether the minor can begin enlisting in the military 

 

• whether the minor can obtain a driver’s license  

 

 

 

 

Guide to Kentucky Guardianship Law
 

 

There are several different types of people who need a guardian appointed to them according to KY guardianship law.  If you are considering becoming a guardian under Kentucky guardianship law, you need to understand what the law says and what your responsibilities will be.  This guide will teach you some of the basics of KY guardianship law, including who may need a guardian and what types of guardianship are available.  If you want to learn more about Kentucky guardianship law, you may want to talk to a local attorney who has experience representing potential guardians.

 

 

Guardianship of Minors

 

 

For most children in the state of Kentucky, a parent serves as legal guardian and no court proceedings are necessary to recognize the relationship between parent and child.  However, if a parent is unable to care for a child due to death, incarceration, or physical or mental incapacity, KY guardianship law requires that an appropriate guardian be found.  A parent may be able to designate this guardian according to Kentucky guardianship law if the parent is capable of making a reasonable choice.  A child may also nominate someone to be his or her guardian if the child is 14 years of age or older and capable of making a reasonable nomination.

 

 

Guardianship of the Disabled

 

 

Disabled people are also sometimes eligible for guardians under KY guardianship law.  If a disabled person is unable to care for themselves and requires someone else to make some or all of their decisions in order to be safe and healthy, Kentucky guardianship law allows the court to appoint a guardian.  This is typically used as a last resort for the disabled.

 

 

Types of Guardianship

 

 

Several types of guardianship have been established by KY guardianship law.  Guardianship of the person is the most expansive guardian relationship allowed by Kentucky guardianship law, and is the kind of guardianship typically assigned when children or very severely disabled people require a guardian.  KY guardianship law allows a guardian of the person to make all of the day to day decisions for the child or disabled person.

 

 

In other cases, a disabled person may be able to make some personal care decisions, but may no longer be able to manage money or finances.  In these situations, which are common with elderly people with dementia or other progressive illnesses, Kentucky guardianship law allows a guardian of the estate to be appointed.  A guardian of the estate, according to KY guardianship law, can make decisions relating to paying bills and managing money for the disabled person.

 

 

In some cases, the legal guardian or parent of a child, or the legal guardian of a disabled adult, may wish to appoint a standby guardian.  Kentucky guardianship law allows standby guardianship so that if a parent or guardian becomes unavailable to care for a dependent, the transition to the standby guardian will be easy and free from legal hassles.  In some cases, KY guardianship law even allows parents to choose different standby guardians depending on what event triggered guardianship.

 

 

 

 

A brief guide to Alabama guardianship

 

 

When an adult is mentally incapable of taking care of themselves or a minor child requires care, the court system may appoint someone to look after their physical health and mental welfare. Obtaining these kinds of Alabama guardianships is not a process to be undertaken lightly, since it requires you to obtain many different kinds of responsibilities.

 

 

It is important to distinguish between a custodian and a guardian. While the former looks after someone's financial resources, Alabama guardianship requires you merely to look after someone's immediate needs. 

 

 

The rules for who may look after an adult or a child or different. In cases where Alabama guardianships are being appointed for care of a minor child, eligible parties can be anyone who is best capable of looking after the minor. A parent who is not capable of looking after their child still has priority when expressing their wishes on this matter.

 

 

Alabama guardianships for a mentally incapacitated adult is awarded in the following order of preference:

 

 

• To a person appointed to perform this task in a living will

 

 

• The person's spouse

 

 

• A person's adult child

 

 

• A person's parents or the parents' nominee

 

 

• A relative the person has lived with for at least 6 months prior to their incapacitation

 

 

• The person's preference

 

 

Only the courts can validate Alabama guardianships. This process will require you to navigate the court system. Obtaining an Alabama guardianship begins when a person files a petition with the court in their area. A medical professional will examine the person who is need of care and issue a report detailing all of their problems and needs for care. This report will be reviewed by a judge before a hearing.

 

 

During any hearing regarding being appointed to Alabama guardianships, you have the right to request a jury. If your efforts are successful, a judge will issue several documents stating your right to make decisions on behalf of your ward. Keep in mind that this will involve you to work closely with anyone who has been appointed as a conservator. Someone who already has the responsibility of an Alabama guardianship may also take on this role if they wish and the courts approve.

 

 

When you take on this task, you have the right to be aware of the financial resources of your ward. Within 90 years of taking on the role of Alabama guardianship, you should receive an inventory of all of a ward's property. At regular intervals, you will be required to report to the court on the mental and physical health of your ward. 

 

 

Taking on Alabama guardianships is a major responsibility that requires you to work closely with the ward. If the person is mentally incapacitated, you will need to be patient and attentive. A ward who is a minor child must be someone you are on good terms with. Much as in divorce cases, the court's primary interest when deciding on an Alabama guardianship is the child's best interest.

 

 

 

 

Guide to Oregon Guardianship Law

 

 

If you are considering becoming a guardian in Oregon, you need to understand OR guardianship law.  Oregon guardianship law applies any time a child or disabled person is unable to make decisions for themselves.  Guardianship is a serious responsibility, and learning more about OR guardianship law can help you to make an informed decision before you take it on.  This guide will only give a basic overview of Oregon guardianship law.  If you want to learn more in-depth information about OR guardianship law or need legal advice about becoming or appointing a guardian, you may want to talk to an Oregon attorney specializing in guardianship arrangements.

 

 

Guardianship of Minors

 

 

Children are typically only assigned a guardian if their parent (who normally fulfills the guardian role) is absent or incapacitated.  Oregon guardianship law allows a guardian to be appointed for a child whose parent has died or is mentally incompetent.  You may also be able to have a guardian appointed under OR guardianship law if the child's parent has been incarcerated or is severely disabled in a way that prevents making reasonable parenting decisions.

 

 

In most cases, Oregon guardianship law allows a parent to nominate a guardian for their own child.  In some situations, an older child's nomination for his or her own guardian will also be considered by the court.  In order for a child to nominate a guardian, he or she must show to the court that he or she is capable of making a reasonable decision.

 

 

Guardianship of the Disabled

 

 

In some situations, an adult may be assigned a guardian under OR guardianship law.  When disabled adults are incapable of making some or all decisions for themselves, Oregon guardianship law allows the courts to step in and appoint a guardian.  OR guardianship law permits both individuals and non-profit organizations (both public and private) to serve as guardians for the disabled.  Typically, Oregon guardianship law only lets a guardian be appointed as a last-ditch measure, and only for people who are unable to make their own choices.  A person with only mild or moderate disabilities will generally not have a guardian appointed according to OR guardianship law.

 

 

Types of Guardianship

 

 

Different types of guardianship are available under Oregon guardianship law for different situations.  A guardian of the person has full decision making power over all aspects of someone's life, in much the same way that a parent has decision making responsibilities for a child.  This is the most expansive kind of guardianship permitted by OR guardianship law.

 

 

Guardianship of the estate is a more limited form of guardianship.  Under Oregon guardianship law, this type of guardianship can be given when a disabled person has shown an ability to make some personal care decisions, but an inability to make financial decisions that are responsible and reasonable.  This type of guardianship allows the guardian to make all financial decisions for the disabled person.

 

 

Standby guardianship is an arrangement by which a person names a guardian ahead of time.  OR guardianship law allows, for instance, a parent to name a standby guardian if they have a terminal illness and want to minimize the trauma of the transition to the child's legal guardian.

 

 

 

 

Quick Guide to Guardianship in Ohio

 

 

Ohio Guardianship Laws

 

 

A detailed analysis of Ohio guardianship is provided by the Ohio State Bar Association, and the complete report can be found at the link provided. 

 

 

 

Within this article, you fill find information about different kinds of Ohio guardianships, eligibility factors while determining any kind of guardianship, and information about obtaining guardianship rights in OH.  

 

 

Different Kinds of Ohio Guardianship

 

 

Brief descriptions of Ohio guardianship are provided below: 

 

 

1. Guardian of the person- this type of guardian helps the ward in a variety of ways and is paid through the ward’s assets.  Common duties include providing food, shelter, clothing, health care, and the education of a minor child.  

 

 

2. Guardian of the estate- this type of Ohio guardianship allows an entity to manage the following for the ward:

 

 

• all debts owed

 

• the collection of money owed 

 

• settlements and adjustments of any assets received from the executor or administrator of an estate

 

• placing all funds into an account as fiduciary 

 

• investing any assets wisely if funds are not needed at the time 

 

• filing an official inventory and accounts of the estate on a regular basis with the court

 

 

Before becoming a guardian of the estate, the applicant must post a fiduciary bond double the probably value of the personal estate to the court.  

 

 

3. Limited guardian- this type of Ohio guardianship is limited by the probate court after a ward has established what duties they do not want help with in the Order of Limited Guardianship.  

 

 

4. Interim guardian- Ohio guardianships in this category occur when a former guardians has been permanently removed or resigned from their duties.  

 

 

5. Emergency guardian- this type of Ohio guardianship is instituted by the probate court in emergency situations that endanger the ward unless they have supervision.  

 

 

Eligibility Factors for Ohio Guardianships

 

 

In the state of Ohio, a related or unrelated guardian may be considered by the court.  In cases involving minors, Ohio guardianships are usually first granted to appropriate family members, but a court may consider otherwise in the best interests of the child.  

 

 

An Ohio guardianship is never granted to a convicted felon or person who shows the inability to provide the essential duties of a guardian.  Additionally, the court will often hear testimony from a child if they are old enough to make a sound decision.  

 

 

Steps for Establishing Ohio Guardianship

 

 

The list below provides general steps for obtaining Ohio guardianships, but there may be more steps involved in certain cases: 

 

 

1. The incapacity of the person must be proved unless the party is a minor.  In order to prove incapacity, the court must usually obtain a certificate from a doctor who examined the person.

 

 

2. A potential guardian must then file a petition with their local clerk, and if there are several parties trying to obtain guardianship, the issue may be contested in court.  A link to all county clerks in Ohio is provided at the following link: https://www.ohiocourtlinks.org/.

 

 

3. If Ohio guardianships are granted, the guardian will normally have to file a bond with the court, and the court will decide if the guardianship should be final if the incapacitation is expected to last their entire life.  

 

 

 

 

What is Emancipation and What Does It Involve?

Emancipation of minors refers to a set of laws that allows a minor to conduct business on their own behalf or for their own benefit that is regarded as outside the influence of their guardian or parent. An emancipated minor, although under the age of majority, will assume most adult responsibilities. An emancipated minor is therefore deemed, by the state, to be responsible for their own care—the individual is no longer under the care of their parents or guardians. The emancipation of minors enables the minor to have full contractual capacity to conclude contract with regard to their business endeavor.

In the United States, children are regarded as minors and are thus placed under the control of their parents or legal guardians, until they reach the age of majority. When the individual reaches the age of majority (in most cases 18 years of age) they are regarded as adult beings.

The precise laws for obtaining emancipation will vary from state to state. In most states in the U.S., the minor is required to file petition with the family court in the underlying jurisdiction. The petition signifies the formal request for formal emancipation; the petition will cite reasons as to why it is in their best interest to become emancipated.

Emancipations are very difficult to obtain because of the attached subjectivity of the “best interest” clause. In most cases, the state’s department of child services will be contacted and the child will be placed in foster care. In other cases, such as those where the minor is dissatisfied with their parents or guardian’s rules, the attempt to secure emancipation will be denied.

In addition to the laws surrounding the obtainment of emancipation, specialized provisions will dictate what the minor is legally allowed to do under state law. For example, an emancipated minor—depending on state law– may not get married without parental consent, quit school, drink or purchase alcohol or vote.

If a minor does achieve emancipation the individual can partake in the following efforts and activities:

• The emancipated minor can enter into a legally-binding contract, including real estate purchases or rentals

• The emancipated minor can enroll in the school of his or her choice

• The emancipated minor can sue or be sued in the court of law

• The emancipated minor can apply for work and keep income generated from work

• The emancipated minor can make healthcare decisions, including those relating to birth control and abortions

How is Emancipation Obtained?

Emancipation is obtained in the following three ways: marriage, military or obtaining permission from a court.

In most states, a minor will automatically secure emancipation once they get married. However, in order to get married, the minor must comply with state marriage requirements, which will indefinitely set a minimum age for marriage and require the minor’s parents to be present during the ceremony.

Minors can become emancipated by enlisting in the United States military, however, since military policy requires enlistees to have at least a high school diploma or equivalent, emancipation is rare through enlistment.

A few states will allow a minor to emancipate via a court order. Typically, the minor must be at least 16 years of age to receive emancipation through the court system. A court may grant emancipation if it believe it is doing so to serve the individual’s best interest—this determination is based on the following factors;

• Can the minor be financially self-sufficient through employment

• Is the minor living apart from his or her parents or has the minor made alternative living arrangements

• Is the minor mature enough to make decisions and function as an adult

• Is the minor attending school or has he/she received a high school diploma