We Can Address Your Questions About Nevada Guardianships
There may come a time when a loved one can no longer manage their own finances or personal care. Our experienced lawyers answer some frequently asked questions about guardianship.
We can address your specific concerns about an elderly parent or another person who needs a guardian. Based in Las Vegas, Solomon Dwiggins Freer & Steadman handles guardianships statewide.
What is guardianship?
Guardianship is a legal process to intervene on behalf of a person (called a ward) who has become mentally incompetent or otherwise incapacitated. The guardian must be approved by a probate court and has defined powers, obligations and restrictions. Guardianship may be necessary if the person did not establish powers of attorney in their estate plan.
What is the difference between guardian of the person and guardian of the estate?
A guardian of the person oversees the ward’s day-to-day care and general well-being. They are authorized to make medical decisions and personal care decisions, from travel plans to assisted living or skilled nursing care.
A guardian of the estate has control over the ward’s financial affairs. This can include paying bills, managing bank accounts and investments, selling property or liquidating stock, and authorizing expenses on behalf of the ward.
A guardian of the person and the estate is fully responsible for the ward’s personal care, finances and living arrangements.
How do I know if it’s time to seek a guardianship?
You notice little things like a parent who isn’t making sense when they talk or who has neglected their personal hygiene. It might be a specific incident such as a car accident or getting lost in their own neighborhood. You might be concerned about new people in your parent’s life whom you don’t know. Perhaps they have a new significant other and are making that person a beneficiary in their will.
Trust your instincts. The court will require an independent medical evaluation before declaring a person incompetent. A temporary guardianship may be an option in emergency situations if the elder is vulnerable to abuse, undue influence or a predatory scam, or if your loved one presents an immediate danger to their own health.
Can my guardianship request be contested?
Yes. The ward can challenge the guardianship if they feel they are still lucid and capable. Another family member may not want the guardianship put in place, especially if they have something to lose such as regular financial “gifts.” The court appoints an attorney whose role is to stand up for the ward’s best interests.
More Questions About Guardianship?
Our knowledgeable and compassionate lawyers can address your situation, explain the obligations of guardianship and help you petition the court for appointment. We have extensive experience with guardianship and all estate-related matters.