Guardianship in Nevada

Adult Guardianship

NRS 159.017 “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, a special guardian or, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in Nevada. A guardian of an adult functions as a “best interest” representative.

Minor Guardianship

NRS 159A.017 “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in Nevada. A guardian of a minor functions as a “parent-like” representative.

What is a Guardian?

One who has the legal authority and duty to care for another’s person or property, esp. because of the other’s infancy, incapacity or disability. A guardian may be appointed either for all purposes or for specific purposes. Black’s Law Dictionary (7th Ed.). “Guardian” means any person appointed under Chapter 159 as a guardian of the person, of the estate, or the person and estate for any other person. NRS 159.017 and NRS 159A 017.

What is a Guardian of the Person?

A guardian of the person makes health care and other personal decisions for the protected person.

What is the Guardian of the Person’s Responsibilities?

As guardian of the person, you have a double duty—both to the person you are serving, and to the court. You will be responsible for deciding where they will live, food, clothing, shelter, medical care, transportation, and education. Ultimately, you will be responsible for the protected person’s safety, well-being, and care.

What is a Guardian of the Estate?

A guardian of the estate is someone the court names to manage money and property for a person whom the court has found cannot manage their money and property alone.

What is the Guardian of the Estate’s Responsibilities?

As guardian of the estate, you have a double duty—both to the person you are serving, and to the court.

You must always keep the person’s best interests in mind. In managing their money, you must act for their good and not for your own good. You should involve the person in decisions as much as possible.

You are an agent of the court. The court has trusted you. You may be required to submit a budget to the court. The budget will serve as your financial plan for the person through the year. You will be required to file an accounting of their estate at least every year with the court. The court will hold a hearing to review the accounting and you will need to be ready to answer any questions.

Your responsibilities as the person’s guardian of property last until the court relieves you of your duties. The court may do this because someone else has been appointed, the person has died, or the person no longer needs a guardian.

**As a guardian you must always keep the protected person’s best interest in mind when making decisions**