The concept of guardianship refers to the granting to an individual the legal authority to conduct the affairs of another individual who, for one reason or another, is unable to make decisions for themselves. They may have developmental disabilities, suffer an injury or be facing some other type of incapacitation that renders them incapable of caring for themselves. If you have a loved one who meets this definition, we understand how difficult the transition can be. At Pintar Albiston, we are sensitive to the many emotional issues such situations can entail and we strive to make the process of relinquishing or obtaining guardianship of another as smooth as possible.
If you are in need of help when it comes to an issue of guardianship, we have the knowledge and experience necessary to guide you every step of the way. We have helped numerous families throughout the Las Vegas, Summerlin and Green Valley areas care for their loved ones by ensuring that their guardianship matters are handled competently, efficiently and correctly.
A Grant Of Guardianship
A grant of guardianship enables a court-designated individual or entity to make critical decisions for the individual (ward) who is legally determined incapable of doing so on their own. Minor children, disabled adults and missing persons are all categories of individuals who can be deemed legally incapacitated for this purpose. This can also happen on a temporary or permanent basis during divorce proceedings. Courts will find individuals to be incapacitated if they cannot make informed decisions on their own behalf and cannot:
- Provide clothing, food and shelter for themselves
- Provide for their own physical well-being and healthcare needs
- Handle their own financial matters
Guardians are afforded authority over wards to varying degrees. In some cases, incapacitated persons need guardianship for both their person as well as their estate. Guardians will make key decisions pertaining to medical treatment, living arrangements and other matters crucial to the safety and wellness of the person over whom they have been given guardianship. Estate guardianship empowers a guardian to exercise control over the incapacitated individual’s financial affairs and property.
When an individual is found to be in serious, immediate danger, courts can grant temporary guardianship for upwards of sixty days, without notice to the incapacitated individual. Courts can also initiate a guardianship proceeding if notice is received that a resident of the county has the appearance of being abused, of self-neglect or that they are being exploited in some way.
Being the subject of a guardianship strips incapacitated individuals of some of the fundamental liberties most of us take for granted. Wards no longer enjoy the right to handle their own affairs, decide where they will live, what medical treatments they will or will not undergo, and whether or not they will have a driver’s license in some cases. Given the fact that guardianship have serious implications for the rights of individuals, courts in Nevada require a great deal of evidence of an individual’s alleged incapacitation before guardianship will be granted.
Effective Legal Representation in Las Vegas Guardianship Matters
Because any guardianship proceeding is certain to be a complex, emotional and perhaps contentious process, it is essential to enlist the help of skilled guardianship attorneys. To schedule a consultation to discuss your situation, contact us at 702-685-5255.