There are two avenues of legal action that can be taken in Nevada when guardianship of a minor child is necessary. One can actually lead to the other in some cases. This need can arise from a wide variety of scenarios, but it typically happens when neither parent is capable of caring for their child. The designation can also be included in a comprehensive estate plan for some couples who want to protect themselves from unexpected calamities that may necessitate guardianship assignment. There are specific laws to guide the assignment in Nevada when no directive is in place, and the final result may not be what anyone in the family wants, which is why estate planning is important.
The first step in guardianship assignment is usually a temporary order handed down by judicial order. A personal directive can be used by the state as a statement of individual preference, and it can include the relationship between the designee and the family. Temporary guardianships are typically assigned to a family member, but not always, and it will serve as a good trial before the permanent designation of guardianship is made by the court.
While a temporary guardianship assignment can be a trial-and-error process to some degree as long as the ward is protected, permanent guardianship involves more legalities because it will be a permanent assignment until the ward is 18 years of age unless it is an adult individual who needs continuing oversight. Permanent guardianships in Nevada may include assistance from an attorney who understands the legalities and issues that the court will evaluate when making a permanent ruling.
Deciding who will take care of children in the event of incapacity is a very serious decision for all parents, and inclusion in an estate plan is always the best method of ensuring that the parents’ wishes are known. It is a decision that deserves considerable forethought and should be written down in official estate documents.