Nevada “Guardianship” Laws – How It Works

In Nevada, courts can appoint a guardian to make decisions on another person’s behalf. The person with a guardian is called a “ward” or “protected person.” Nevada’s laws on guardianship are set forth in Chapter 159 of the Nevada Revised Statutes. NRS 159 sets forth three basic types of guardianships:

1. “Guardians over the person.” These guardians make personal decisions for a ward;
2. “Guardians over the estate.” These guardians make financial decisions about a ward’s assets; and
3. “Guardians over the person and estate.” These guardians make both personal and financial decisions.¹

To help you better understand Nevada guardianship laws, our Las Vegas family law attorneys provide general information on:

• • 1. When does a court grant guardianship in Nevada?
  • 2. Types of guardianships
  • 3. “General” vs. “special” guardianships
  • 4. Who can be a guardian?
  • 5. Who is disqualified from serving as a guardian?
  • 6. Can more than one person have guardianship over a ward?
  • 7. Will the court ever make a stranger a guardian?
  • 8. What is a guardian “ad litem”?
  • 9. Procedure to get a guardianship
  • 10. How long do guardianship proceedings take?
  • 11. Temporary guardianship
  • 12. What are the duties of a guardian “over the person”?
  • 13. What are the duties of a guardian “over the estate”?
  • 14. Financial obligations of a guardian over the estate
  • 15. Limits on a guardian’s powers
  • 16. Are guardians entitled to a fee?
  • 17. When do guardianships end?

 

1. When does a court grant guardianship in Nevada?

Nevada courts typically grant guardianships in two situations:

1. When an adult is incapacitated (for instance, because of mental illness), called “adult guardianship”; or
2. When a parent is unable to care for his or her children under 18.

2. Types of guardianships

Nevada law recognizes three basic types of guardians:

1. “Guardians over the person.” These guardians are responsible for decisions involving the ward’s support, healthcare, and education.
2. “Guardians over the estate.” These guardians are responsible for financial decisions involving the ward’s assets.
3. “Guardians over the person and estate.” These guardians make both personal and financial decisions for the ward.²

One person can serve as both guardian of the person and guardian of the estate. Or different people can take each role.

3. “General” vs. “special” guardianships

Most guardianships in Nevada are “general” guardianships. A “general guardianship” is one that is expected to last indefinitely.

A court may also grant a “special guardianship of limited capacity.”

A “special guardianship” may be obtained if the adult can make some — but not all — decisions about their own care.

In this type of guardianship, the guardian makes only some decisions about the ward’s care.³

4. Who can be a guardian?

Guardians in Nevada must be adults at least 18 years of age.

If the ward is a minor child, the court will give preference to a relative.

If the ward is an adult, the ward’s choice for a guardian will receive preference. If the ward has not stated a preference, courts will give preference to a close relative.⁴

5. Who is disqualified from serving as a guardian?

A court will usually not name someone a guardian if that person:

• Is unable to provide for the basic needs of the ward;
• Has habitually used alcohol or any controlled substance (other than medical marijuana) during the previous 6 months;
• Has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of another person;
• Has been convicted of a felony; or
• Has been disbarred or had a professional license suspended by the state of Nevada.⁵

6. Can more than one person have guardianship over a ward?

In rare cases, Nevada law allows “co-guardianship.” In this type of guardianship, two or more co-guardians share the responsibilities for the ward.⁶

7. Will the court ever make a stranger a guardian?

A Nevada court may appoint a public guardian when:

• It is an emergency, or
• A proposed ward has no suitable family member or friend to serve as guardian.⁷

8. What is a guardian “ad litem”?

A guardian “ad litem” is a special kind of guardian in Nevada. A guardian ad litem represents the ward’s interest in one or more lawsuits.

Courts most often appoint a guardian ad litem to represent:

• Children under 18, or
• Adults who are unable to represent their own interests due to incapacity.

Common types of cases in which Nevada courts appoint guardians ad litem include:

• Custody disputes, and
• Child or adult abuse hearings.⁸

9. Procedure to get a guardianship

Would-be guardians must petition the court in the county where the proposed ward lives. The court will then hold a hearing to determine whether the guardianship would be in the ward’s best interests.⁹

The burden of proof is on the person filing the petition. Numerous conditions must be fulfilled. One is that no less restrictive form of intervention is available. Another is that the proposed guardian is qualified.

The court will conduct a hearing to consider the issues. Expert testimony from physicians, psychologists, and social workers may be needed.

Whether you are a petitioner or a proposed ward, an experienced Las Vegas family lawyer can make sure your rights are protected.

10. How long do guardianship proceedings take?

Las Vegas guardianship proceedings normally take 2-3 months. But in an emergency, a Nevada court can appoint a “temporary guardian” based on an expedited hearing.

11. Temporary guardianship

To obtain temporary guardianship in Nevada, a petitioner must show that the proposed ward:

1. Faces a substantial and immediate risk of financial loss or physical harm;
2. Needs immediate medical attention; and
3. Lacks the ability to respond to the loss, harm or need for medical attention.¹⁰

Example: Joanne’s uncle Ray has early onset dementia. He lives alone in the house he and his now-deceased wife share. Most of the time he can take care of himself. But sometimes he forgets to pay his bills.

During a streak of very cold weather, Joanne goes to check on Ray. She finds that his heat and electricity have been turned off. The house is freezing and Ray is ill. Ray refuses to leave, however.

Joanne goes to court and petitions for a temporary emergency guardianship of Ray. The court gives her temporary control over Ray’s finances and persons. Joanne gets Ray’s utilities turned back on and arranges for a nurse’s aide to live with him. Ray gradually recovers and is able to take care of himself again.

12. What are the duties of a guardian “over the person”?

In guardianship over the person, the guardian makes personal decisions that affect the ward. Such decisions can include:

• Supplying food, clothing, shelter and other necessaries;
• Authorizing appropriate medical and dental treatment; and
• Seeing that the ward receives an education.¹¹

Note that a court that has jurisdiction of a trust may transfer supervision of the trust to another court, upon petition by a trustee or beneficiary, when the convenience of certain persons makes a transfer desirable. (NRS 164.130) Additionally, such a court may also transfer supervision of the trust to a district court having jurisdiction of the guardianship of a ward who is currently a beneficiary of the trust and is receiving or is entitled to receive distributions. (Nevada AB 254 (2017))

13. What are the duties of a guardian “over the estate”?

A guardian over the estate makes decisions about the ward’s finances and estate planning. Such decisions can include managing the ward’s:

• Money,
• Income,
• Real and personal property,
• Stocks and bonds, and
• Other financial interests.

A guardian of the estate does not have absolute power to control the ward’s assets and finances. The guardian must get the court’s approval before spending the ward’s money or selling any property.

14. Financial obligations of a guardian over the estate

Guardians of the estate in Nevada have significant obligations. Some of these include:

• Posting a bond with the court to ensure against mishandling the ward’s funds;
• Placing the ward’s money in a “blocked account” that no one can access without a court order;
• Providing an inventory of the ward’s assets within 60 days; and
• Filing an annual accounting detailing the ward’s income, assets, and expenses.¹²

If the estate is worth less than $5,000, the court may waive the annual accounting. This is known as a Nevada “summary guardianship.”

15. Limits on a guardian’s powers

Guardians in Nevada cannot do certain things without court approval. These include:

• Moving the ward out of Nevada;
• Placing the ward in a secured, long-term, residential care facility;
• Spending or investing the ward’s money;
• Selling the ward’s home or other real property;
• Obtaining potentially life-threatening medical treatment for the ward;
• Committing the ward to a psychiatric facility without an involuntary admission proceeding;
• Making or changing the ward’s will; or
• Terminating the guardianship.¹³

16. Are guardians entitled to a fee?

A guardian of the person is not entitled to a fee. The court may approve reimbursement of the guardian’s expenses such as room and board.

A guardian of the estate is entitled to a fee.

For more information, please consult with a knowledgeable Las Vegas family lawyer.

17. When do guardianships end?

Guardianships over children usually last until the ward turns 18. But the court may extend the guardianship until the child finishes high school or turns 19 (whichever occurs first).¹⁴

Guardianships over adults last until:

• The ward dies, or
• The ward regains the ability to make his/her own decisions.

Both guardians and adult wards can request that courts terminate a guardianship earlier if it is no longer needed.¹⁵

Helpful Links:

• Nevada Supreme Court Guardianship Commission
• Clark County Guardianship Compliance Division
• Clark County Family Court
• Guardianship Forms in Nevada
• Power of Attorney Laws (NRS 162A)

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