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Understanding the Guardianship Process in Las Vegas Nevada
Guardianship means obtaining the legal authority to make decisions for another person and a long-term guardian must be appointed by a court. When an adult is unable to care for himself, or a child’s parents are unable to care for the child, a guardianship may be needed. The appointed guardian has the legal authority to care for a person who cannot care for themselves, including not only the elderly but incapacitated persons, such a person after a debilitating accident or mental incapacity, or children in need of care. The person requiring the guardian is referred to as the “protected person.”
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.
If you have any concerns about the guardianship process in Las Vegas, Nevada or concerns about the Guardianship process, talk to one of our guardianship attorneys at Pintar Albiston here in Las Vegas. You can make an appointment with the law firm of Pintar Albiston by calling 702-685-5366.