Legal guardians are people appointed by the courts to take care of another person, referred to as a ward. Wards are typically children, but they can also be adults incapable of managing their own affairs. Although a person can specify a guardian, probate courts are not required to accept the choice.
Fail to Choose a Guardian, and it is Left up to the Courts
There is no procedure for choosing a guardian for an incapacitated adult. If a guardian is not named, the court will choose whoever is most qualified according to the Nevada Revised Statute 159.061, which sets a prioritized list of those eligible to serve. Because most clients know who would be an appropriate adult guardian, they should name one along with an alternate.
Guardians Have Extensive Authority
Selecting an adult guardian should not be based on friendship or the person’s likability. Adult Guardianship Las Vegas NV gives people the authority to make important decisions for a ward, such as where they will live. Guardians can give consent for medical treatment or choose alternative treatments, but guardianship ends upon the ward’s death. In some situations, the guardian may have the authority to continue the ward’s business, to plan the ward’s estate, or sell the ward’s property.
Complications of Adult Guardianships
A guardian can be appointed for a person who is mentally or physically incapable of caring for themselves. Establishing a person’s incapacity may require professional evaluation, and if the ward is partially capable, a guardian may be given limited authority. If the ward has personal property, separate guardians can be appointed to manage the person’s property and life decisions.
The Court Makes the Decisions in the End
Courts typically appoint a guardian according to a ward’s wishes. However, appointments are done in accordance with the ward’s best interests. This means that courts can select another legal guardian, or ask for evidence proving that the proposed guardian is fit to do the job.
An Attorney Can Help
The laws concerning Adult Guardianship Las Vegas NV are complex, and each case’s facts are unique. The information provided here is meant as a general, brief introduction to the concept of adult guardianship. For specific information, visit Gmdlegal.com to speak to an estate attorney with Grant Morris Dodds.