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Having an aging or ill loved one is a stressful experience on many fronts. In addition to the emotional aspect of navigating the relationship with the individual, there comes a responsibility to ensure they can handle their own personal affairs competently. If you’re concerned about a relative or friend in your life, a Henderson guardianship lawyer can help you better understand your options so you feel confident about filing for guardianship.
There are four main types of guardianship in the state of Nevada. The right avenue for your situation will depend on many different factors, so it’s prudent to do your research on all your options to discover which is the right one for you:
Typically, temporary guardianship is granted over a child whose primary caregiver is unable to provide care for them for a limited time. However, it is possible to be appointed temporary guardianship over an adult if the court determines the person is unable to respond to a risk themselves. In most cases, temporary guardianship over an adult is granted in the case of an emergency.
Becoming a guardian is not a responsibility that should be taken lightly. As a guardian, you have a certain set of duties that you are obligated to perform in order to protect the person under your guardianship. Your specific duties will depend on the type of guardianship you’re seeking, so it’s important to understand the full extent of the parameters of the guardianship for which you’re petitioning.
Additionally, there are many things you can’t do before getting permission from your county court, especially when it comes to managing finances. Some of the most common actions that require a court’s permission include:
In the state of Nevada, you have to meet certain requirements to become a guardian. For starters, a person cannot become a guardian if they themselves are incompetent or a minor. Additionally, anyone who has filed for bankruptcy within the last seven years, has been convicted of a felony, or has been suspended or disbarred from a practice that involves managing money cannot be a legal guardian in Clark County.
Non-Nevada residents may also have additional requirements they must meet in order to become guardians, including appointing a registered agent in the state. If no one qualifies as a viable guardian for an individual, the Office of Public Guardian can serve as one instead.
The court can appoint anyone they deem suitable to be a person’s guardian, even if they’re not related to them. Many people are uncomfortable with losing control over making personal and financial decisions for themselves, and the idea of a court choosing their guardian can be even more distressing.
Fortunately, there are ways for a person to decide who takes over their affairs should they ever become incapacitated. At Ken R. Ashworth & Associates, we offer comprehensive estate planning services, including developing a plan for potential incapacitation.
Our asset attorneys can help you with the execution of documents that appoint agents to act on your behalf in the event that you become incapacitated in the future. These documents will typically include:
Avoiding conservatorship or guardianship is not always possible, but you can better protect your assets and your wishes for your future by working with an experienced Henderson guardianship lawyer.
If you’re considering seeking guardianship over a friend or relative, it’s important to know the full extent of the responsibility you’re taking on. Between navigating the emotional toll of a loved one’s health deteriorating and the nuances of the legal processes involved with guardianships, becoming a guardian can be an overwhelming process.
By working with a Henderson guardianship lawyer, you can better understand what it means to be a guardian, as well as advice and guidance on how to take care of another person under guardianship.
Every guardianship case is different, and working with an experienced Henderson guardianship lawyer can make it easier to navigate the specifics of your situation so you can achieve a positive outcome for both yourself and the person for which you are seeking guardianship.
Whether you have initial questions about the guardianship process or you’re ready to file right away, the skilled legal professionals at Ken R. Ashworth & Associates are here to guide you through the process.
Our team has over three decades of estate planning law experience under our belt, including guardianship cases in Nevada. We’re familiar with the nuances of guardianship cases and know how to achieve your family’s needs and goals. Call our office to set up an initial consultation with our team today.
