Las Vegas Guardianship Attorney 

Trusted Representation for Adult Guardianship Cases 

As adults, we value our freedom to travel, work, care for ourselves, and otherwise spend our time and money as we wish. However, sometimes the worst happens, and we must face the truth that our loved one is no longer capable of making decisions for themselves. In these cases, the best solution may be an adult guardianship.

What Is Guardianship?

To become someone's legal guardian is to assume responsibility for making medical, financial, and other decisions on their behalf. This can be a temporary situation, such as in the case of someone dealing with addiction, mental illness, or a similar condition that compromises their decision-making abilities. Other guardianships may be lifelong, such as for intellectually disabled people or elders in decline.

Guardianship carries a great deal of responsibility and courts hold guardians to a very high standard. A guardian must provide adequate housing and medical care (including transportation to doctor's appointments). Though guardianship confers financial control over their ward's assets, the guardian must take care to strictly expend assets on behalf of their ward and in a fiduciary capacity. It can also take an emotional toll, as loved ones may resent their loss of freedom and agency. However, taking on a guardianship is an act of love, as the guardian wishes only to protect their ward (also called a protected person).

Who Can Become a Guardian?

Guardianships are assigned through the court system, and judges usually appoint guardians who have a vested interest in the protected person's well-being. Adult children often become guardians of their elderly parents; or they might take over care of a disabled sibling. Becoming the guardian of one's spouse is also common.

Guardians must be 18 years of age and cannot have any known history of substance abuse or felony convictions. They also cannot have any history of neglecting or abandoning their legal charges or have lost professional licensure, and there are limitations for bankruptcy history. In general, judges want to award guardianship only to someone who demonstrates that they understand, and are willing to meet, the responsibilities inherent in taking care of a protected person.

The judge usually takes into consideration any preference the proposed protected person has, especially if more than one person is petitioning the court for guardianship. They may also consider directives such as a deceased person handing off guardianship in their will. In some cases, the judge might appoint two people as co-guardians.

If a person clearly needs the help of a guardianship but no relative or loved one is willing or able to assume the role, the state can appoint a public guardian.

Filing for Guardianship

Deciding to petition the court for guardianship is only the first step in a long process. If the proposed protected person is unwilling to accept the guardianship, then the potential guardian must prove their case through medical records, expert testimony, and other evidence.

Assembling all the evidence, and knowing what the courts will or will not accept, is where Battlefront Legal comes in. Our firm can provide a consultation as to if guardianship is the right choice for your loved one. 

Our Las Vegas guardianship lawyer is available 24/7 by phone (702) 832-5200, or you can reach us via our online contact form. 

Put an Honest & Dedicated Attorney in Your Corner As an army veteran, Attorney Harrison has the grit, passion and knowledge to help your family achieve their goals and leave a lasting legacy. Reach out today to discuss your case.

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