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10785 West Twain Avenue, Suite 200
Las Vegas, NV 89135-3028
Phone: 702.255.2000
Fax: 702.255.2012
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Elderly Guardianship

Referral for Guardianship

A guardian of the person is responsible for most of the life decisions that must be made for the ward, including authorizing medical care, and making living arrangements. A guardian of the estate handles the financial affairs of a person deemed to be in need of protection. The guiding principle governing the actions as guardian must always be the best interests of the ward.

To be a guardian, you must be over the age of 18, and never judicially determined to have committed abuse, neglect, or exploitation. You must also be a resident of the State of Nevada, or you can be a co-guardian along with a Nevada resident. Many of our clients are not Nevada residents. We have associations with professional guardians who will serve as a co-guardian along with the out-of-state family member.

The Guardianship and Elder Care Team

We work together as a team to help families through a difficult time. Here is what one of the families we helped said about our team: “Kim and her crew – If all lawyers and their assistants were as great as all of you, the world would be a wonderful place. I cannot tell you how blessed I was to have found Kim Boyer. There is a special place in heaven for people like you that care for the elders. Thanks to you, he was able to stay home with us and receive the care he needed and he was so loved. Thank you for everything you have done.”

Level of Capacity for Obtaining a Guardianship

The Court will appoint a guardian if the proposed ward is “incompetent” or of “limited capacity.” “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 term includes a mentally incapacitated person.” NRS 159.019. “A person 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. The Court can also appoint a voluntary special guardian, when the person is of limited capacity and voluntarily petitions for a guardian.

Emergency or Temporary Guardianship

If it can be shown that an emergency exists, a temporary guardian can be appointed within days or hours. The emergency appointment must be limited to a relatively short time. The emergency appointment is often joined with a regular application for appointment of guardian, so that a permanent guardian is appointed before the temporary appointment expires.

Contact Us

For more information or to schedule an appointment with an experienced elder law lawyer, please contact us.