Reno Guardianship Attorney
Providing Legal Responsibility and Protection
Determining whether or not you or a loved one needs to pursue legal guardianship can be stressful and confusing. Because drafting a guardianship agreement is a court-supervised process, it requires the assistance of an experienced and knowledgeable attorney who can help you complete the legal steps with confidence and accuracy.
What is a Guardianship Agreement?
In a guardianship agreement, an individual takes legal responsibility for another person or their estate when they can no longer manage their own affairs. Guardianships can be voluntary or involuntary and may be granted to care for both adults and minors. The Nevada court evaluates the age and capacity of the adult protected person or protected child to make decisions based on their current circumstances.
Types of Guardianship: Caring for People and Estates
Person-Only Guardianship: The guardianship of a person refers to taking responsibility for the primary care of a protected person, including medical and educational assistance. With few exceptions, the guardian is responsible for personal and medical decisions, such as providing care and medication management, but not financial matters.
Estate-Only Guardianship: A guardian of an estate protects, preserves, recovers, or manages, in the best interest of a protected individual, their assets and property. A guardian of the estate is responsible only for financial decisions. Specific responsibilities of the guardian of the state are outlined in state law and can vary from state to state.
In Nevada, the duties of an estate-only guardian may include, but are not limited to:
- Handling bank and investment account operations
- Submitting yearly financial reports to the court
- Facilitating transactions of real and personal assets
- Overseeing all sources of income
Combined Person and Estate Guardianship: A guardian of both the person and estate is responsible for caring for the protected person and protecting and overseeing their property. Person and estate guardianship includes assisting with the protected person's financial, medical, and social decisions. Legal duties and responsibilities of the guardian of a person and estate are outlined in Nevada state law, specifically, Nevada Revised Statutes chapter 159 for guardianship of adults and NRS 159A for minors.
If a loved one is exposed to a significant and imminent threat of physical or financial harm, Nevada guardianship attorneys can assist in assessing the situation and potentially securing temporary guardianship. The court may designate a temporary guardian for a period of ten days, with the possibility of extensions under specific circumstances.
According to Nevada law, a judge can approve an expedited temporary guardianship order under specific circumstances where the protected person may:
- Pose a threat to themselves or others
- Be unable to address a significant and immediate financial risk
- Have experienced or currently be subject to abuse, neglect, exploitation, isolation, or abandonment
- Be incapable of responding to a considerable and immediate risk of physical harm or the necessity for urgent medical attention
If the guardian is unable to resolve the harmful situation or the protected individual cannot resume self-care, the guardian may need to request continued guardianship once the accelerated temporary guardianship period expires.
Voluntary vs. Involuntary Guardianship
Voluntary Guardianship: An individual with legal responsibility for themselves or another person appoints a Guardian for a potentially protected person. Court involvement in this process may vary. If courts do not participate, the guardianship generally lasts for six months but will need renewal thereafter. When courts are engaged, guardianship can persist until it is no longer required.
Involuntary Guardianship: A Prospective Guardian must seek guardianship over a potentially protected person through the court.
- In Adult Guardianship cases, the Prospective Guardian has to demonstrate that the prospective ward is incapable of self-care. Evidence is usually presented via medical or psychiatric evaluations that determine the potentially protected person's incompetence.
- For Minor guardianship, the Prospective Guardian must establish that the child's present caregivers are unable to look after the child. Proof may include CPS reports, police records, personal testimonies, and child interviews.
Reno Guardianship Attorneys: Advocating for You and Your Loved Ones
At the law firm of Kelli Anne Viloria, our experienced Reno guardianship attorney is dedicated to advocating for our clients and diligently working to guarantee their well-being and security. Regardless of your guardianship needs, we stand ready to assist you and steer you on the right path, safeguarding the health, safety, and happiness of you and your loved ones.
Reach out to the law offices of Kelli Anne Viloria today at (775) 476-5642 to schedule a consultation to address your family's needs.