What is a Guardianship?

Hands surrounding the word guardianship against a blue background

Guardianships have been in the news recently but many families have been faced with the need to establish the legal right to provide care for a child or adult. Guardianships are meant to protect children and vulnerable adults who cannot care for themselves. Battlefront Legal is a law firm that operates in Las Vegas and Reno that specializes in guardianships.

While the decision to file for a guardianship is never easy, the guardianship is designed to help protect the interests of a child or an adult who needs help managing his or her life. It is created to ensure that the child or adult receives the help they need, even if they can't make decisions on their own behalf.

What Happens In a Guardianship?

Under the terms of a guardianship, a judge appoints a guardian to manage the care of a child or adult. Children without parents or adults who are incapacitated can be designated as a "protected person" under the rules of a guardianship. There are many reasons that an adult might need a guardianship, including accidents that render a person incapacitated, mental illness or deficiency and illness or health issues that prevent a person from caring for himself.

What Types of Guardianships Are There?

In the state of Nevada, there are three categories of guardianship: guardianship over a person, guardianship over an estate and guardianship over a person and an estate.

Guardianship over a person requires the guardian to provide care for the protected person. That care includes making decisions on the protected person's behalf, including medical and personal decisions. A guardian is responsible for making decisions about where the protected person lives. When the protected person is a school-age minor, the guardian will also oversee matters of schooling.

In some cases where an estate is involved, such as an inheritance or large amounts of money or property, a guardian can be appointed to manage the estate to protect the assets on behalf of the protected person.

Responsibilities of a Guardian

Guardians who are assigned to manage a person and the person's estate will oversee both personal and medical decisions for the protected person in addition to financial decisions.

In order to protect the interests of the protected person, guardianships for adults last until the adult can once again care for himself. The guardianship will cease if the adult passes away during the course of the guardianship.

Guardianships of minors are designed to last until the child turns 18. In cases where a child graduates high school at 19, the guardianship will last until graduation or when the child turns 19, depending on which occurs first. If the minor is not believed to be able to provide care for himself, the guardian or a family member can request that the guardianship continue longer.

A guardianship can be ended at any point if the guardianship is determined to no longer be needed. The request can be made by the guardian or a family member.

Contact Battlefront Legal for more information about how to file for a guardianship in the state of Nevada.