Nevada Conservatorship vs Guardianship Attorney Las Vegas
When an adult becomes incapacitated — due to dementia, Alzheimer’s disease, traumatic brain injury, stroke, severe mental illness, or intellectual disability — family members and loved ones may need to seek court appointment as a legal guardian or conservator to manage the incapacitated person’s affairs. Nevada law distinguishes between guardianship (authority over the person and personal decisions) and conservatorship (authority over assets and financial affairs), and courts can appoint a guardian, a conservator, or both, depending on the incapacitated adult’s specific needs. Hauser Family Law’s Las Vegas attorneys help families navigate Nevada adult guardianship and conservatorship proceedings under NRS Chapter 159.
Nevada Guardianship Under NRS 159 — Authority Over Personal Decisions
A guardian of an adult in Nevada has authority to make personal decisions for the incapacitated ward — decisions about where the ward lives, what medical treatment they receive, and how they spend their daily life. This authority is substantial and courts do not grant it lightly. Under NRS 159, the petitioner must prove that the proposed ward lacks sufficient understanding or capacity to make or communicate responsible decisions about themselves. The court appoints a guardian ad litem to represent the proposed ward’s interests independently of the petitioner’s interests. The ward retains the right to attend the guardianship hearing, present evidence, and contest the petition. Nevada courts apply the least restrictive alternative principle — granting only as much authority as is necessary to protect the ward, preserving maximum autonomy.
Nevada Conservatorship vs. Guardianship — Which Is Needed
Not every incapacitated adult needs both a guardian and a conservator. A person with dementia who can no longer manage finances but lives safely in a memory care facility may need a conservator (to manage financial affairs) but not necessarily a guardian (since their care is provided by the facility). A person with severe mental illness who makes dangerous decisions about where to live and whether to take medications may need a guardian for personal decisions but may not need a conservator if their financial affairs are simple. Hauser Family Law advises families on what level of court-ordered authority is appropriate for their specific situation and pursues only the appointment necessary to protect their loved one.
Contact Hauser Family Law — Las Vegas Nevada Guardianship and Conservatorship Attorneys
Need to establish guardianship or conservatorship for a loved one in Nevada? Hauser Family Law guides families through the NRS 159 process. Contact us for a free consultation.