When someone is unable to handle their day-to-day affairs, the court can appoint a guardian to be responsible for that person’s financial, medical, or personal matters. Guardianship occurs when the court appoints someone to make decisions on behalf of someone who is unable to make those decisions, either because they are legally incompetent or are a minor child.
The guardian is the person who makes the decisions on someone else’s behalf. The protected person is the minor or adult who is unable to make those decisions on their own.
The purpose of guardianship is to protect the protected person from themselves and others who would take advantage of them. But the process of applying for a guardianship can be contentious, especially if people disagree about whether it is necessary. This is where an attorney can help.
Guardianships are most common for children and the elderly. Guardianship of a child may be necessary if a parent has passed away or is unable to care for a child. A guardian steps in to care for the child until the parent can resume his or her parental responsibilities, or until the child turns 18.
Guardianship of an elderly person may be necessary when the elderly person suffers from dementia or is otherwise mentally or physically unable to handle their own personal, medical, or financial affairs. Guardianship of an adult may also be beneficial for adults who suffer from mental disabilities.
In all circumstances, the guardian is responsible for ensuring that the protected person is cared for and that his or her assets are managed properly.
Not everyone is eligible to serve as a guardian, and there are numerous legal requirements that must be met. If you are considering a guardianship, you should consult with an experienced Nevada guardianship attorney.
Nevada recognizes different types of guardianship for different circumstances.
Temporary Guardianships are granted in emergency situations, such as if a protected person is at risk of serious injury or financial harm. When a temporary guardianship is granted, it is often limited in scope to allow a guardian to accomplish a specific task, such as selling a specific piece of property.
A Guardian of the Person has the power to make personal and medical decisions for the protected person. This includes decisions about healthcare, education, comfort, where they live, consent to medical treatment, and end-of-life decisions.
A Guardian of the Estate is responsible only for financial matters of the protected person. This includes the protected person’s income, accounting, taxes, and buying and selling assets. The guardian has a legal duty to act in the best interests of the protected person when it comes to the protected person’s financial matters.
A Guardian of the Person and the Estate is responsible for financial, medical, and personal decisions for the protected person. The Guardian of the Person and the Estate has the same responsibilities of the Guardian of the Person and the Guardian of the Estate.
Applying for a guardianship is a complicated process, and courts do not grant a guardianship lightly. By granting a legal guardian, the court is granting another person, the guardian, significant control over the protected person. Because a guardianship takes away the protected person’s ability to make their own choices, courts take a close look at applications for guardianship and thoroughly explore less restrictive means that would still meet the needs of the proposed protected person.
To succeed in a petition for guardianship, you need to come to any and all court appearances prepared. An experienced guardianship attorney can help by gaining a complete understanding of your situation, preparing the necessary paperwork, and representing you in your petition for guardianship.
An experienced guardianship attorney will give you advice about the type of decisions you can make as a guardian, guide you through the application process and, once you have been appointed as a guardian, give you legal advice on what you can and cannot do and protect your legal rights as a guardian.
Vander Laan Law Firm, LLC can help you navigate the guardianship process with confidence so your loved one gets the help they need. With offices in Minden and Carson City, Nevada, guardianship attorney Natalia Vander Laan proudly serves people throughout the Carson Valley.
Learn more about attorney Natalia Vander Laan, get answers to Frequently Asked Questions, and contact us today to schedule a confidential consultation to discuss how the Vander Laan Law Firm can help.
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