Adult guardianship is a court-supervised arrangement intended to protect someone who cannot safely make or communicate certain personal, medical, or financial decisions. The court-appointed decision-maker is called the guardian, while the person receiving protection is known as the protected person.
Guardianship is a significant legal intervention because it may transfer important decision-making authority from one adult to another. Nevada courts must therefore consider whether the arrangement is necessary and whether a less restrictive option could provide adequate protection.
Guardianship represents a measurable part of Nevada’s judicial workload. According to the Nevada Judiciary’s Fiscal Year 2024 report, guardianship matters accounted for approximately 5% of the noncriminal cases handled by the state’s district courts.
What Is an Adult Guardianship?
A guardianship may be appropriate when an adult is unable to manage essential areas of life because of dementia, a serious intellectual or developmental disability, a brain injury, illness, or another condition affecting decision-making capacity.
A medical diagnosis alone does not necessarily justify guardianship. The court generally considers how the condition affects the person’s actual ability to make informed decisions and remain safe.
Nevada recognizes different forms of adult guardianship based on the type of assistance required.
Guardian of the Person
A guardian of the person may receive authority over personal matters such as medical care, living arrangements, education, and services. The extent of that authority depends on the court order.
The guardian must consider the protected person’s needs, preferences, values, and level of independence. Appointment as guardian does not provide unlimited control over every aspect of the person’s life.
Guardian of the Estate
A guardian of the estate manages financial matters. Responsibilities may include protecting income and property, paying necessary expenses, maintaining records, and reporting financial activity to the court.
A guardian of the estate does not become the owner of the protected person’s property. The guardian acts in a fiduciary role, meaning the assets must be managed for the protected person’s benefit.
Guardian of the Person and Estate
When both personal and financial assistance are necessary, the court may appoint one guardian for the person and estate. In other cases, separate individuals or entities may be appointed to divide these responsibilities.
How Nevada Courts Determine Whether Guardianship Is Needed
A proposed protected person, government agency, nonprofit organization, or other interested person may petition a Nevada court to appoint a guardian.
The petition should explain why the individual needs protection, what decisions the person cannot safely manage, and why other arrangements would be insufficient. Medical evaluations, financial records, witness statements, and information about the person’s daily functioning may be relevant.
Families unfamiliar with the local filing requirements may seek information from a local attorney about the petition, notice obligations, hearing procedures, and continuing responsibilities created by a guardianship order.
The court does not appoint a guardian merely because a family member requests it. A judge reviews the evidence, considers the proposed protected person’s rights, and determines whether guardianship is necessary.
The Importance of Less Restrictive Alternatives
Nevada law places substantial importance on preserving a person’s independence. Before imposing guardianship, the court considers whether a less restrictive alternative could address the problem.
Possible alternatives include:
- A durable financial power of attorney
- A healthcare power of attorney
- A supported decision-making agreement
- A living trust
- Appointment of a representative payee
- Automatic bill payment and financial monitoring
- Case-management or in-home support services
- Limited authority over a specific decision
A power of attorney allows a person to authorize a trusted agent to act on his or her behalf. However, the person creating it must possess sufficient capacity at the time of signing. It may therefore be too late to establish a valid power of attorney after significant incapacity has developed.
Supported decision-making allows an adult to retain legal decision-making authority while receiving help understanding choices and communicating decisions. This option may be suitable when the person needs assistance but does not require another individual to make decisions on his or her behalf.
Limited Versus General Guardianship
A limited guardianship gives the guardian authority only over specific matters identified by the court. The protected person keeps all rights and powers that are not expressly transferred.
For example, someone may need assistance managing substantial financial assets but remain capable of making healthcare and residential decisions. An estate-only or otherwise limited guardianship may address the risk without unnecessarily restricting personal freedom.
A broader guardianship may be considered when the individual cannot safely manage several essential areas of life. Even then, the arrangement should be tailored to the person’s actual needs rather than based on assumptions about age or disability.
Rights of the Proposed Protected Person
A person does not lose all legal rights simply because a guardianship petition has been filed or granted.
Nevada’s Protected Persons’ Bill of Rights recognizes protections that include the ability to:
- Receive information about court proceedings
- Receive copies of filed documents
- Be represented by an attorney
- Express concerns or complaints about a guardian
- Participate in developing a care plan
- Have personal preferences and beliefs considered
- Maintain as much independence as reasonably possible
- Communicate and interact with other people
- Request review, modification, or termination of the guardianship
The person’s participation remains important throughout the case. Guardianship is intended to provide necessary protection, not to eliminate the protected person’s identity, relationships, or voice.
Selecting an Appropriate Guardian
Nevada courts consider whether a proposed guardian is suitable and able to perform the required duties. Relevant factors may include the individual’s relationship with the protected person, knowledge of the person’s needs, financial history, criminal background, potential conflicts of interest, and willingness to follow court requirements.
A relative is not automatically entitled to appointment. The court’s primary concern is the proposed protected person’s welfare.
When no appropriate relative or friend is available, the court may consider a qualified private professional or public guardian, depending on the person’s needs and circumstances.
Continuing Duties After Appointment
A guardianship does not end when the appointment order is entered. Guardians remain subject to court supervision.
Depending on the type of appointment, a guardian may need to:
- File an inventory of the protected person’s assets
- Establish and follow a care plan
- Maintain accurate financial records
- Submit periodic reports and accountings
- Obtain court approval for certain major transactions
- Keep the court informed about changes in residence or condition
- Avoid conflicts between personal interests and fiduciary duties
Nevada’s Guardianship Compliance Office assists participating courts by reviewing reports and financial accountings, identifying deficiencies, and investigating possible concerns.
Emergency Guardianship
An emergency guardianship may be considered when immediate action is necessary to prevent substantial harm to the person or the person’s estate.
An emergency appointment is not simply a faster version of an ordinary guardianship. The petition must describe the urgent circumstances, and the authority granted is generally temporary and limited to the emergency.
Disagreements among relatives, by themselves, do not necessarily establish an emergency.
Can a Guardianship Be Changed or Ended?
Guardianship may be modified or terminated when circumstances change. The protected person, guardian, or another eligible party may ask the court to review the arrangement.
Termination may be appropriate when the protected person regains sufficient ability, a less restrictive arrangement becomes available, or the guardianship is no longer necessary. Modification may be appropriate when the person needs less assistance than before or when the guardian’s authority should be limited to different matters.
Key Takeaways
Adult guardianship in Nevada is designed for situations in which a person cannot safely manage important personal or financial decisions and less restrictive alternatives are insufficient.
The court may appoint a guardian of the person, estate, or both, but the authority should match the protected person’s actual needs. Guardians remain accountable to the court, while protected persons retain important rights involving participation, communication, dignity, and independence.