Adult guardianship is a legal process in which a Nevada court appoints someone to make certain decisions for an adult who is unable to adequately care for themselves or manage particular areas of their life because of incapacity. Nevada courts can appoint a guardian of the person, a guardian of the estate, or a guardian of both the person and estate, depending on what assistance is actually needed.

A guardian of the person generally handles matters involving personal care, medical treatment, and living arrangements. A guardian of the estate is generally responsible for financial and property matters. The court can limit the guardianship to the authority necessary to protect the adult rather than granting broader powers than the circumstances require.

An adult guardianship generally begins by filing a petition with the court. Under Nevada law, the proposed protected person, a governmental agency, a nonprofit corporation, or another interested person may petition for appointment of a guardian. The court must also receive a medical assessment addressing the adult's limitations and whether less restrictive alternatives may be sufficient.

In Clark County, the court will set a hearing, notice must be provided to the adult and certain relatives or other required parties, and an attorney is appointed to represent the proposed protected person. Because missing a filing, medical, or notice requirement can delay or jeopardize a guardianship case, speaking with a Nevada guardianship attorney before filing can be especially helpful.

A guardian of the person is generally responsible for personal matters such as the protected person's care, medical treatment, housing, and other day-to-day needs. A guardian of the estate is responsible for managing financial affairs, property, accounts, and other assets within the authority granted by the court. A court can also appoint the same person as guardian of both the person and estate when appropriate.

The right type of guardianship depends on what the adult can and cannot manage independently. Someone who needs assistance with medical decisions may not necessarily need another person controlling all of their financial affairs.

Yes. Guardianship is not always the only option. Depending on the person's abilities and circumstances, alternatives can include a durable power of attorney, health care power of attorney, supported decision-making agreement, advance directive, or other arrangements that allow the individual to retain more control over their own decisions.

Nevada law requires the medical needs assessment used in an adult guardianship case to address whether less restrictive alternatives are available and sufficient to support the proposed protected person's needs. An attorney can help determine whether a guardianship is necessary or whether a less restrictive option may accomplish the same goal.

Nevada courts can appoint a temporary guardian in certain emergencies, but emergency guardianships are intended for situations involving an immediate and substantial risk. For example, the court may appoint a temporary guardian when an adult cannot respond to a substantial and immediate risk of physical harm or an immediate need for medical attention. Nevada law also provides a process for certain immediate risks of financial loss.

An initial temporary guardianship may be granted for 10 days, with additional court proceedings required to determine whether it should continue. Because emergency guardianship has strict requirements and significantly affects another person's rights, it is important to act quickly and present the court with the facts and documentation necessary to establish the emergency.