Generally guardianship is a court process in which one person is given legal authority to care for another person and, if appropriate, manage that person’s finances. There are many types of situations in which a guardianship is warranted. You can seek guardianship of an incompetent adult or a minor child. You can seek guardianship of the person only. That is, you are asking to be in charge of caring for that person’s well-being only. You can seek guardianship of an estate only. For example, you have minor children who have inherited property or insurance money from a deceased parent. Or you can seek guardianship of the person and the estate of an individual.
The process starts with a petition in which you give the courts the facts and explain why a guardianship is needed. Nevada law is very specific as to what information needs to be in the Petition. Once the petition is e-filed we will need to set a court date. The document that does this is called a Citation to Appear and Show Cause. Now other interested parties such as grandparents, parents, and adult siblings need to be notified of the hearing of your petition. The only time there does not need to be hearing is if you are requesting guardianship over a minor child and have written consent from both parents. Normally at the court hearing the judge will grant you the guardianship you are seeking unless other family members offer valid objections and the judge ultimately decides in their favor. All guardians are required to file annual reports regarding the status of the ward: is the person in your care doing well, what is his mental, physical and financial condition, etc. Sometimes, if you have guardianship over a person’s estate, an annual accounting will be required.
Never fear! We can prepare these documents for you too.
Come in for the free consultation so we can discuss your particular situation and circumstances. Typically in the consultation we cover guardianship basics, your particular situation, and last, but not least, quote you a price and discuss payment options and plans.
IT’S COMPLICATED, BUT WE MAKE THIS STUFF AS SIMPLE AS WE CAN.