Las Vegas Guardianship Attorneys
The concept of guardianship refers to the granting to an individual the legal authority to conduct the affairs of another individual (elderly, adult or child) 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 Henderson 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 (protected person) who is legally determined incapable of doing so on their own. Minor children, disabled adults and elderly persons are all categories of individuals who can be deemed legally incapacitated for this purpose. 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
Who chooses the guardian?
A proposed guardian can seek to have oversight over the person, their estate (finances) or both. A person wishing to be a guardian must file certain documents with the court to be approved. These include a petition to approve the guardian, a budget, a list of assets and certain confidential information about both the proposed guardian and the protected person. The proposed guardian must also notify all relatives of the protected person regarding the guardianship process. A judge judge then appoints the guardian who can then make decisions about long-term care, finances and other decisions that affect the care and well-being of the protected person, rather it is an adult or a child. The protected person will also have an attorney appointed to ensure that the guardian makes appropriate decisions over the protected person.
Types of Guardianship
- Guardianship over the Person: this type of guardianship means the guardian is responsible for the well-being and care of the protected person. The guardian will be able to make personal and medical decisions for the person, including healthcare decisions, decisions about where the person will live, and in the case of children, decisions regarding school.
- Guardianship over the Estate: this type of guardianship allows the guardian to make financial decisions for the person. Court approval is typically needed to spend or sell any of the person’s assets, even after a guardianship is granted.
- Guardianship over the Person and Estate: this type of guardianship allows the guardian to make personal, medical, and financial decisions for the protected person.
Guardians can be appointed on a temporary basis if there is a need for one without going to court. Parents can sign a voluntary, six-month temporary guardianship to place children in the care of another person temporarily by completing an approved agreement.