There are times when an adult can no longer take care of themselves or a child is in need of immediate protection. These times may involve situations in which the adult is resistant to help from others or the child’s parents are uncooperative. In such situations it may be necessary to obtain a guardianship. This can allow one to make legal and medical decisions on behalf of adults or children. It can also allow one to manage the finances of an adult who can no longer make sound decisions. Our Las Vegas guardianship lawyer understands the serious and sensitive nature of such matters. Our firm will take immediate steps to help with your situation. Contact us today to speak with an attorney.
Las Vegas attorney assisting with guardianships of the person and of the estate
A guardianship grants a person (the guardian) the ability to make decisions on behalf of another (the ward). This mechanism simultaneously takes the decision-making authority away from the ward (if an adult) or the parents (if the ward is a child). Nevada recognizes two forms of guardianships. The first, a guardianship of the person, gives one the ability to make medical and legal decisions on behalf of another. The second, a guardianship of the estate, gives one control over another’s financial affairs. Depending on the specifics of the situation, the proposed guardian may seek either of these powers or both.
The process of obtaining a guardianship begins with filing a Petition with the Court. The Petition typically must be filed in the County where the proposed ward resides. Nevada has fewer limitations than some other states when it comes to who may file for a guardianship, but the Court will generally give preference to family members. The proposed ward may be required to attend the hearing. There are exceptions to this requirement, such as in the case of an individual who is hospitalized or institutionalized. After a hearing is held, the Court may issue a temporary guardianship. This temporary guardianship can typically be extended for up to five months.
It is important to present a strong case when one is asking the Court to appoint them as a guardian. Taking decision-making authority away from an adult or a child’s parents is not something the Court takes lightly. Part of making a strong case is building a record of the reasons for which guardianship is needed. In the case of adults these reasons often include dementia, Alzheimers, illness, or other infirmities. In the case of children these reasons often include abuse, neglect, abandonment, etc. It is not enough to simply claim these situations exist. Evidence must be presented to the Court. Not presenting a strong case, with supporting evidence, can result in a Petition being denied.
Our Las Vegas guardianship attorney understands that such situations often involve the need for immediate action. Nikki Dupree-O’Brien will use your initial consultation to gain a full understanding of the situation. She will then give you an honest assessment of whether the Court will grant a guardianship. Nikki will work with you and other necessary persons to compile all needed evidence and will quickly file your Petition with the Court. She will also be there for you during any follow-up hearings. Importantly, our firm will be in regular communication with you as the case moves forward and we will ensure that your questions are answered. We are aware that this is an important time in your life and we will give your matter the attention it deserves. Contact us today to speak with an attorney.
Attorney assisting Las Vegas residents with estate planning and probate
It is common for adults who require a guardianship to also lack an estate plan. Having a proper estate plan can help to prevent situations from occurring and can also prevent future grief for both the potential ward and their loved ones. Our estate planning lawyer offers a wide range of options to help you prepare for the future. This can include the creation of a last will and testament, forming a living trust, drafting a power of attorney, and more. Nikki understands that no two situations are the same and she will craft a plan to fit your particular circumstances. She handles all matters in our office personally, meaning that you will be dealing with her and not an associate. If you are in Las Vegas or other southern Nevada areas then we are ready to assist you.