At Michaelson Law, we understand that making decisions about guardianship can be emotional and complex. Whether you are caring for a child, an aging loved one, or an adult with special needs, it is natural to have questions about how to best protect them. This guide explains what guardianship means in Nevada, how the process works, and what alternatives may be available.
What Exactly Is Guardianship?
In Nevada, guardianship is a legal process in which a court determines whether someone should be appointed to make decisions for another person who cannot manage their own affairs. In some states, this process is called conservatorship, but the concept is largely the same.
The person appointed to make decisions is known as the guardian or agent, while the person receiving assistance is called the protected person. Nevada’s guardianship laws are detailed and can vary significantly based on the situation. For example, guardianship may apply to:
A child (a minor under the age of 18)
An elderly person, with or without cognitive capacity concerns
An adult with special needs
Someone who has lost capacity due to a traumatic event
Each type of guardianship comes with specific procedures and ongoing responsibilities defined by Nevada courts. Even small errors in filing or procedure can cause major delays or even lead to the dismissal of a case. That is why having an experienced guardianship attorney is essential.
Guardianship Rules Are Continually Evolving
In recent years, Nevada has made several updates to its guardianship laws to provide stronger oversight and greater protection for individuals under care. Because these laws continue to evolve, it is important to have legal representation that understands the latest requirements and best practices.
Alternatives to Guardianship
Full guardianship is not always the right or only solution. Nevada law allows for several less-restrictive alternatives that can give individuals support while preserving their independence. Some of these include:
Powers of Attorney (POA): Legal documents that grant specific decision-making authority—such as healthcare or financial decisions—to a trusted person. A POA can be limited in scope and is often used when the individual wants assistance but maintains overall control.
Advance Directives or Living Wills: Documents that outline your wishes for medical care, particularly in emergencies or serious illness. This category can include a Living Will, Healthcare Power of Attorney, Do Not Resuscitate Order (DNR), or Physician Orders for Life-Sustaining Treatment (POLST).
Supported Decision-Making Agreements: Introduced in Nevada in 2019, this newer approach helps adults with disabilities make their own choices with the guidance of trusted supporters they select.
Revocable or Irrevocable Living Trusts: These estate planning tools clearly define how a person’s financial and healthcare wishes are to be managed, and assign specific responsibilities to trusted individuals.
There may be additional options based on your unique situation. A qualified guardianship attorney can help you understand which path best fits your family’s needs.
We’re Here to Help
Guardianship and its alternatives are not one-size-fits-all decisions. Our experienced and compassionate attorneys at Michaelson Law regularly handle guardianship cases and can guide you through every step with clarity and care.
To schedule a consultation or learn more about your options, call Michaelson Law at (702) 731-2333.