Guardianship

Help for Your Loved Ones Who Cannot Help Themselves

 

There are instances when a parent is unfit to care for their child or an adult becomes unable to independently manage their affairs.

Then the question of who will care for them in their inability to take care of and make decisions for themselves arises.  Here at The Law Office of Shirley A. Derke, Esq. you will be able to find help and ensuring protection for those that you love.

Guardianship is the court-ordered legal relationship where a guardian is appointed to oversee and manage the personal, financial, and medicals affairs of the person (the ward).  A guardianship can be obtained for an Adult or Minor (under the age of 18). To obtain an Adult Guardianship, the court must decide based on two findings which are “finding of incompetency due to mental illness, mental deficiency, or advanced age” or “finding of limited capacity where an adult is able to independently  make some, but not all decisions necessary for his or her own care and management of property.” This must be a finding by a medical doctor.  There are a few types of guardianships in Nevada:

 

  • Guardian of the Person: An appointed Guardian of the Person is responsible for the proper care, maintenance, education, and support of the ward – this guardian is only responsible for personal and medical decisions.

  • Guardian of the Estate: An appointed Guardian of Estate is responsible to protect, preserve, manage, and dispose of the estate (financial assets) in the ward’s best interest – this guardian is only responsible for financial decisions. The responsibilities may include, but are not limited to: the sale of a ward’s real or personal property; managing all income; filing annual accountings with the court; closing bank accounts; and selling stock.

  • Guardian of the Person and Estate: If a person is appointed as Guardian of the Person and Estate then this person is responsible for financial, medical, and social decisions for the ward.

  • Temporary Guardian: A temporary guardianship can be appointed by judge when a petitioner can show that:

    • Proposed ward faces substantial and immediate risk of financial loss or physical harm or needs immediate medical attention.

    • Proposed ward lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention.


In obtaining Guardianship, the process includes petitioning the court, notifying the potential ward and family members, identifying the potential wards resources, and stating the reason guardianship is needed.  At our law office, we will assist you in these legal proceedings and ensure that you are completely informed of your rights and responsibilities in the Guardianship. We want to give you the best care and legal help to make sure that your loved ones have the help that they need.

 

Contact Shirley A. Derke, Esq. today at 702-386-6800.

 

Shirley A. Derke, Esq.​ - Estate Planning Attorney

Address​​​​​​: 627 S. Seventh St, Las Vegas, NV 89101

Tel: 702.386.6800   Toll Free: 844.877.6695   Fax: 702.386.1717  

Email: shirley@Derke.lvcoxmail.com