Guardianship means obtaining the legal authority to make decisions for another person. Normally, parents have the legal right to make decisions for their children, and adults have the legal right to make decisions for themselves.
Sometimes this is not possible, and someone else needs to step in to take care of a child or an adult. A guardianship may be needed over a child if there is no parent available to care for a child. This protects the assets until the child is an adult.
A "general guardianship" may be needed over an adult if the adult is incapacitated, meaning the person is unable to take care of himself or herself due to mental illness, mental deficiency, disease, or mental incapacity. There are some exceptions to this general rule. Legal advice is strongly recommended when deciding where to file for guardianship over a person who has not been in Nevada for six months or more.
Types of Guardianship There are three different types of guardianship in Nevada: Guardianship over the Person: Guardianship over the Estate: Guardianship over the Person and Estate: How Long Does a Guardianship Last?
A guardianship over an adult lasts until the adult regains the ability to care for himself, or until the adult passes away. A court-ordered guardianship over a child lasts until the child turns The request to continue the guardianship must be made at least 2 weeks before the child turns The guardian or any other relative can ask the court to end a guardianship at any time if they feel the guardianship is no longer needed.
See Terminating a Guardianship for more information about this. Guardianship Alternatives There are several options that may avoid the need to have a court-ordered guardianship: Six Month Temporary Guardianship for minor children.
Parents can sign a voluntary, six-month temporary guardianship to place children in the care of another person temporarily without going to court.
The parents and temporary guardian must sign and notarize the agreement. The temporary guardianship automatically expires six months after all parties have signed the agreement.
You can do this yourself by downloading the following form: An attorney is recommended for this legal proceeding, as the requirements can be complicated. Durable Power of Attorney. This is a document that gives a person the power to make decisions for another. You can prepare your own free financial power of attorney by using the free software from LawHelpInteractive.
This is a document that gives a person the power to make health care decisions for another if the person becomes disabled or incapacitated.
You can prepare your own free health care power of attorney by using the free software from LawHelpInteractive Living Wills. This is a document that directs people what to do if you have an incurable and irreversible condition.
This is a document that operates during the lifetime of the person on behalf of another person. An attorney should be consulted when creating a living trust. Services include ensuring monthly bills are paid to secure shelter, food, and clothing needs.
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Many of these documents are referred to by a variety of different names, some perhaps inaccurately, but nonetheless, those names are still used.
An strong effort has been to make reduce the complexity and confusing legal language associated with these topics.