Guardianship in Nevada: When Is It Necessary and What Are the Alternatives?
By Kim Boyer
When a loved one can no longer manage their finances, make medical decisions, or take care of themselves, family members may assume they need to pursue a guardianship. In Nevada, however, guardianship is generally considered a last resort. Before appointing a guardian, the Court must consider whether less restrictive alternatives can adequately protect the individual and meet their needs. This is important because guardianship can be expensive, time-consuming, and can take away significant decision-making rights from the person. Depending on the circumstances, other options may provide the assistance and protection they need.
Before pursuing guardianship in Nevada, consider two threshold questions. First, can the person’s needs be met through a less restrictive alternative than guardianship? Second, does the person meet Nevada’s legal definition of incapacity? Both questions are important because guardianship should be pursued only when less restrictive alternatives are not an option and action is necessary to protect the individual.
Alternatives to Guardianship – Mentioned in Statute
The guardianship court must consider whether less restrictive alternatives are available that can meet the needs of the proposed protected person. Nevada requires information about less restrictive alternatives to be provided to the proposed protected person before pursuing guardianship. Our office provides this information in writing through a handout explaining the available alternatives. The statute mentions the following three alternatives:
- Power of attorney for health care. Assistance with health care decisions can be provided by a properly executed power of attorney for health care. This document names an agent with authority to make medical decisions. This document can also provide a person’s preferences.
- Power of attorney for finances. Assistance with financial matters can be provided by a properly executed power of attorney for finances. This document names an agent with authority to make financial decisions and specifies which types of financial transactions are authorized.
- Supported Decision-Making Agreements. A supported decision-making agreement allows a person to name someone to formally assist them in making their own choices. These choices can include living arrangements, health care, with the input and advice of a person or team of supporters they choose, know and trust. The supporters provide information, advice, and assistance, but the individual retains the authority to make their own decisions.
If you are considering guardianship, you must explain to the Court whether least restrictive alternatives are available and sufficient to meet the needs of the adult person. The existence of a power of attorney or supported decision-making agreement does not automatically eliminate the need for guardianship. The important question is whether the available arrangement can adequately meet the person’s needs. If it cannot, the reasons should be explained to the Court.
For example, there might be a power of attorney in place but the person named cannot act because they are unable or unwilling to serve. That is why we encourage people to name back-up decision makers. Another example we see is that the person needs to enter a nursing home and has income exceeding the applicable Medicaid eligibility limit and need a Qualified Income Trust. There is a power of attorney for finances, but it does not grant the specific authority to create an irrevocable trust. This is a good example of why the language in a power of attorney matters.
If the person still has sufficient legal capacity to execute appropriate documents, planning through powers of attorney or a trust is generally less expensive and restrictive than pursuing guardianship.
Families sometimes move to Nevada after a guardianship has already been established in another state. Nevada has a process for transferring an existing guardianship into the state. However, the petition must include proof that less restrictive alternatives were considered and an explanation of why those alternatives are not reasonable options. If they were not considered, the Nevada Court may deny the transfer.
Other Alternatives to Guardianship
The Nevada statute says you must consider, without limitation, a power of attorney for finances, a power of attorney for health care, and a supported decision-making agreement. Even though the following are not specifically mentioned in the statute, these are some options to consider to avoid guardianship.
- Trusts. Finances can also be managed through the creation of a trust, where the assets are managed by the trustee for the benefit of the beneficiary under the terms in the trust document. Although trusts are not specifically listed in the statute defining less restrictive alternatives, they may be an important consideration when determining whether guardianship is necessary. A properly funded trust can provide a mechanism for managing assets without the need for guardianship of the estate. A trust only provides authority over assets that are actually held in the trust.
- Medical Decision-Making. If the issue involves withholding or withdrawing life-sustaining treatment for a person who is terminally ill and does not have an effective declaration, Nevada law identifies certain family members who may make that decision. (NRS 449A.454). This authority is limited to those circumstances. Similarly, a POLST can be signed and the persons who can sign on behalf of someone incapacitated is broader. But the types of medical decisions that can be made are limited.
- Representative Payee. If the primary concern is managing Social Security benefits, becoming a representative payee may be sufficient. Likewise, you can apply to be a fiduciary of a veteran’s benefits. A representative payee or VA fiduciary can receive and manage those benefits.
- Waiting or Taking No Action. Not every situation requires immediate court intervention. If someone has experienced a medical event and is expected to recover, it may make sense to wait before pursuing guardianship. They might regain capacity and a guardianship would not be needed. On the other hand, if the person is declining rapidly, consider whether the person is likely to survive until a hearing date. Waiting is not an appropriate action if the person is in danger, being exploited, or unable to obtain necessary care.
Meet the Definition of Incapacity
A diagnosis of dementia, Alzheimer’s disease, or another medical condition does not automatically mean someone is legally incapacitated. Under NRS 159.019, a person is “incapacitated” if he or she “is unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety, or self-care without appropriate assistance.”
Nevada requires a physician’s assessment of the proposed protected person’s needs before the Court can make a finding of incapacity. The assessment must address the person’s limitations, how those limitations affect their ability to meet basic needs and maintain their safety, and whether less restrictive alternatives are available and sufficient.
In practice, the Nevada court requires the proper completion of its Physician’s Certificate with Needs Assessment (“Physician’s Certificate”). The Physician’s Certificate must be signed by a licensed physician who has performed the required assessment. Other professionals, such as nurses or social workers, may assist in gathering the information and entering it into the form, but a physician who performed the required medical assessment must sign it. The physician’s name should be clearly printed on the first line of the document. All sections must be completed. If the physician’s opinion is that the person can execute a power of attorney, the Court will expect those to be done or a good explanation as to why they cannot be done.
Guardianship Procedure
The next step is to file the petition requesting a general guardian, along with all the required supporting documentation. The court will then issue a citation setting the hearing. In general, this can range from one month to three months, but it depends on the court’s calendar. You can seek a temporary guardianship in urgent situations, but it requires specific statutory procedures and supporting documentation. This procedure differs from a general guardianship proceeding.
Currently, guardianship hearings in Clark County are held via Zoom, although you can appear in person if you choose. At the Citation hearing, the proposed protected person and the petitioner are generally expected to attend the Zoom hearing. If the proposed protected person’s appearance is not excused and does not appear at the Zoom hearing, the Court might continue the hearing or possibly deny the petition.
The Court appoints an attorney to represent the rights of the proposed protected person. In Clark County, this is generally an attorney through Legal Aid. That attorney will meet with the proposed protected person before the hearing to understand their wishes, identify any objections or concerns, and advocate for their rights.
The proposed protected person has the right to appear at the hearing, oppose the petition, and be represented by an attorney. Guardianship can significantly affect a person’s rights, so the Court must consider their position.
After the hearing, if the Court finds the legal requirements have been satisfied and there are no objections, the Judge will enter the Order Appointing Guardian.
Special Guardianships and Limited Capacity
Nevada law recognizes that a person may have limited capacity, meaning they can independently make some, but not all, decisions concerning their care and property. In these situations, a special guardian may be appropriate. If the proposed protected person is determined to have limited capacity to consent to the appointment of a special guardian, that person must consent in writing. This is another example of Nevada’s effort to preserve as much independence and decision-making authority as possible.
Plan Ahead to Avoid Guardianship
Guardianship can be expensive, time-consuming, and emotionally difficult for families. Much of the need for guardianship can be avoided through proper planning.
A properly funded revocable living trust allows your successor trustee to manage assets if you become incapacitated. A durable power of attorney for assets allows the person you name to manage financial matters, as authorized in the document. A durable power of attorney for health care gives your chosen agent the authority to make medical decisions when you cannot make them yourself.
These documents work together to provide a comprehensive plan. It is also important to name back-up decision makers in these documents, and to review your existing estate plan to make sure it continues to reflect your wishes.
Estate planning is not just about what happens to your assets after you die. It is also about protecting yourself during your lifetime and preserving your independence.
At Boyer Law Group, we help families create estate plans that address both incapacity and what happens after death. When guardianship is unavoidable, we also guide families through the legal process. If you have questions about guardianship, are considering starting the guardianship process, or want to make sure your estate plan protects you in the event of incapacity, please contact us today.
Disclaimer: Information provided as a service of Kim Boyer, Certified Elder Law Attorney, updated as of 11/09/26. It does not constitute legal advice. For specific questions you should consult a qualified attorney.
