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Guardianship Lawyers in Las Vegas

Helping Clients Work Through Guardianship Issues in Henderson

When faced with the need to take on the legal responsibility of caring for your loved one, you’ll need expert legal help to navigate the guardianship process. Becoming a legal guardian is a selfless act because it involves prioritizing your loved one's needs over your own, demonstrating a willingness to sacrifice your time, energy, and resources.

Smith Legal Group will help make sure all guardianship requirements are met, allowing you to focus on your loved one’s needs. 

Call our firm at (702) 919-5956 or use our online contact form for a free consultation if you are looking to become a legal guardian in Las Vegas.

Guardianship Laws in Nevada

Guardianship involves assuming legal responsibility for another person and/or their estate, typically under the supervision and direction of the court. In the State of Nevada, general guardianships are most common, granting the guardian control over all aspects of the ward’s affairs.

Guardianship can be one of two processes:

Voluntary Guardianship

In a voluntary guardianship, the person with legal responsibility for themselves or another person will nominate a guardian for the person for whom they are responsible. The court may or may not be involved in this process.

When the courts are not involved, the guardianship is typically only valid for six (6) months and must be renewed after that period. When the courts do get involved, the guardianship can continue until such time as it is no longer needed.

Involuntary Guardianship

With an involuntary guardianship, the prospective guardian must request guardianship over the prospective protected person from the court. The prospective guardian must prove to the court that the guardianship is necessary.

In an adult guardianship, the prospective guardian must prove that the prospective ward is not able to care for themselves. Proof is typically provided through a medical or psychiatric examination that determines the ward is incompetent to take care of themselves.

In cases involving a minor child, the prospective guardian must typically prove that the child’s current caregivers are incapable of caring for the child. Proof can be in the form of reports from child protective services, police reports, personal testimony, child interviews, or court-ordered reports.

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Who Needs a Legal Guardian?

Both adults and minors may need a legal guardian. The Nevada court will determine whether the adult protected person or protected minor child is of an age and capacity to make decisions, based on the circumstances presented.

Adult Wards

Adults may need a legal guardian for a variety of reasons. Regardless of age, your adult loved one may benefit from you being appointed as their guardian to ensure proper care when living with a variety of health risks (i.e., dementia, Alzheimer’s, disability, limited movement, inability to drive, adults suffering from physical abuse, substance abuse, or other addictions, traumatic injuries, severe developmental disabilities).

During the COVID-19 pandemic, Smith Legal Group assisted a host of individuals and families to establish guardianships to bring aging parents, grandparents, and family members with special needs home or to safe care facilities where the adult protected person’s needs could be best met and managed.

Child Wards

Minor children require a specific type of guardianship wherein the child’s best interests are at the forefront of the guardian’s purpose.

Child guardianships are typically established when a child’s parents pass away, become incapacitated, abuse and/or neglect, temporarily relocate, deploy, are incarcerated, or face a variety of other circumstances.

In cases involving a minor child, the prospective guardian must typically prove that the child’s current caregivers are incapable of caring for the child. Proof can be in the form of reports from child protective services, police reports, personal testimony, child interviews, or court-ordered reports.

Smith Legal Group has assisted a wide variety of individuals and families in establishing child guardianships, handling each case on a case-by-case basis to make sure the best interests of the child are met.

How Do I Become a Legal Guardian?

If you believe someone you know could benefit from a guardianship, you can petition the family court in Nevada for guardianship. Our attorneys will guide you through the process step by step. They will make sure you meet all the necessary requirements. Additionally, they will help you demonstrate your ability and means to provide care and control for the adult or minor ward. This includes assisting you in meeting your burden of proof. You’ll need to show that the would-be ward is incapable of managing certain aspects of their day-to-day life.

Guardianship will be refused to people who do not meet the statutory requirements or follow the proper process for establishing guardianship.

Schedule your initial consultation with an attorney from our firm by calling (702) 919-5956 today.

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