Is a Guardian Needed?

Statutory Definitions

The Court will appoint a guardian if a person is "incompetent" or of "limited capacity" as defined by the Nevada Revised Statutes.

"Incompetent" means "an adult person who, by reason of mental illness, mental deficiency, disease, weakness of mind or any other cause, is unable without assistance, properly to manage and take care of himself or his property, or both. The terms includes a mentally incapacitated person." NRS 159.019.

An adult is of "limited capacity" if "the person is able to make independently some but not all of the decisions necessary for the person's own care and the management of the person's property." NRS 159.022.

Signs that a Person May Need a Guardianship

If a guardianship has not been established in another state, the Court requires a physician licensed in the State of Nevada to provide medical documentation that a person requires a guardianship. Some signs that a person may need a guardianship include the following:

• IF a health care professional has identified that their adult patient is compromised in his or her ability to make decisions, understand responsibilities of decisions or retain the information.
• IF a health care professional notes that their patient is chronically confused, forgetful, and non-compliant with medications or medical appointments and tests. 
• IF a person demonstrates unsafe behaviors which places his or her safety at risk and is not able to understand the risks.
• IF a person is being financially exploited and cannot protect himself or herself from the exploiter.
• IF a person requires medically necessary care and lacks the ability to take steps to obtain various public benefits to pay for the medically needed care.

Please click here for an example of a physician's certificate form.

Alternatives to Guardianship

Before seeking a guardianship, other less restrictive alternatives should be explored first, such as:

• Has the person executed a valid power of attorney for assets?
• Has the person executed a valid trust or power of attorney for finances?
• Would a representative payee of the person's income be appropriate?

Contact Us

Contact us to learn more about our services. You may view and complete our Referral for Guardianship Form here.

Nevada Guardian Services, LLC
Las Vegas, NV
Phone: (702) 439-6090
Fax: (702) 789-2069

Nevada Guardian Services, LLC, provides services to clients throughout Las Vegas, Nevada.