Coming to the realization that a member of your family is unable to make sound decisions on his or her own behalf and needs help with day-to-day activities can be heartbreaking. You can take responsibility for their care and decisions through a guardianship. The state of Nevada has several different types of guardianship, based on who the person in need is.
An adult guardianship most often occurs under two different circumstances. The first is when an elderly family member becomes incapacitated by a condition such as Alzheimer’s, dementia or some other mentally incapacitating illness. If the elderly family member did not execute health and financial powers of attorney in better days, a guardian will need to be appointed by the court.
The second adult guardianship is for a child who has reached the age of majority. At the age of 18, your child is considered an adult by the state. However, if your child is unable to care for him or herself, the court can establish a guardianship, which will allow you or some other trusted family member to take on the responsibility of making decisions that are in your child’s best interest.
The guardianship of a minor child may be necessary if the child’s parents are either unavailable or unable to properly care for the child. The guardian is most often a grandparent, aunt or uncle or stepparent. The designated party will have decision-making authority over the child without terminating parental rights. A parent can name an emergency guardianship proxy that will be good for up to 60 days without requiring the approval of a Nevada court when unforeseen circumstances prevent a parent from caring for the child.
There is more to a guardianship than just gaining court approval to act on behalf of your loved one. The court requires certain documentation, both at the beginning of the process and throughout the time in which you serve as a guardian. An attorney can assist with the required documentation and court process so that you may focus on caring for your loved one.