Nevada Adult Guardianship Attorney Las Vegas
When a spouse, parent, or other family member loses the capacity to manage their personal or financial affairs due to dementia, traumatic brain injury, severe mental illness, or another incapacitating condition, a Nevada guardianship proceeding may be necessary to establish the legal authority to act on their behalf. Nevada’s adult guardianship statute, NRS Chapter 159A, provides a structured process for appointing a guardian of the person, a guardian of the estate, or both. Hauser Family Law guides Las Vegas families through the guardianship process with care and efficiency.
Grounds for Adult Guardianship in Nevada
A Nevada court may appoint a guardian for an adult when the proposed ward (the person to be protected) lacks sufficient understanding or capacity to make or communicate responsible decisions about their personal care, health and safety, or financial affairs due to a mental, physical, or cognitive condition. The incapacity must be established by clear and convincing evidence, typically including testimony from the proposed ward’s physicians or a court-appointed examining committee. Nevada law requires courts to consider whether less restrictive alternatives — a power of attorney, healthcare directive, representative payee, or supported decision-making agreement — can adequately address the person’s needs before imposing guardianship, which is a more significant restriction on personal autonomy.
Guardian of the Person vs. Guardian of the Estate
A guardian of the person has authority to make decisions about the ward’s physical care, living situation, medical treatment, and personal affairs. A guardian of the estate has authority to manage the ward’s financial assets, pay bills, manage investments, and handle property — analogous to a conservatorship in other states. Nevada courts may appoint both types simultaneously, appoint only one, or establish a limited guardianship that restricts the guardian’s authority to specific areas where the ward lacks capacity while preserving the ward’s autonomy in areas where they retain decision-making ability.
Contact Hauser Family Law — Las Vegas Adult Guardianship Attorneys
Concerned about a family member who can no longer care for themselves? Hauser Family Law handles Nevada adult guardianship proceedings with the sensitivity these matters require. Contact us for a consultation.