Guardianship Law in Nevada: An Overview

In Nevada, guardianship is a legal process where a court appoints a guardian to manage the affairs of a protected person (a minor or an incapacitated adult). The process is governed by Nevada Revised Statutes (NRS) Chapter 159 for adults and NRS Chapter 159A for minors.

1. Types of Guardianship in Nevada

✅ Guardianship of a Minor

• Granted when parents are unable to care for a child due to death, incapacity, or other reasons.

• Can be temporary (6 months max) or permanent until the child turns 18.

✅ Guardianship of an Adult

• Given when an adult is unable to make decisions due to mental illness, disability, or cognitive impairment.

✅ Guardianship of the Person vs. Estate

• Person: Guardian makes decisions about health care, living arrangements, and daily needs.

• Estate: Guardian manages financial matters, property, and assets.

✅ Temporary or Emergency Guardianship

• A court may appoint a guardian in urgent situations to protect an individual’s well-being.

  
  

2. Process for Establishing Guardianship

1. File a Petition – The petitioner submits a request to the Nevada Family Court with supporting documents.

2. Background Check & Investigation – Courts may require fingerprinting and an investigation into the proposed guardian.

3. Notice & Hearing – Family members and interested parties must be notified before the court hearing.

4. Court Decision – A judge determines whether guardianship is necessary and appoints a guardian.

5. Ongoing Reporting – Guardians must submit annual reports to the court regarding the protected person’s well-being and finances.

   
   

   

   
   
   
   

3. Rights & Responsibilities of Guardians

• Ensure the protected person’s safety, health, and well-being.

• Manage financial affairs responsibly (if appointed as an estate guardian).

• Seek court approval for major decisions, like selling property.

• Provide annual accounting and status reports to the court.

  
  

4. Termination of Guardianship

Guardianship can end if:

• A minor turns 18 years old.

• The adult regains capacity.

• The guardian is removed due to misconduct or incapacity.

• The protected person passes away.

Would you like details on how to file for guardianship, contest a guardianship, or explore alternatives? Call (725) 239-8413 to schedule your complimentary consultation with Lex Tecnica today.