Nevada’s adult guardianship laws allow concerned parties to intervene when a legal adult cannot manage their own affairs. They can petition the courts for guardianship, which makes them responsible for meeting the vulnerable adult’s needs and authorizes them to handle many important matters on their behalf.
Whether the vulnerable adult has a history of mismanaging their assets or is especially vulnerable to manipulation and fraud, the courts may agree that an older adult requires the support of a guardian. Their guardian can assist with financial and medical matters, as well as regular issues that arise throughout daily life.
The courts generally only agree to limit an adult’s independence and subject them to guardianship in cases where they are vulnerable without the support of another adult. What situations may warrant a petition for adult guardianship?
1. Congenital or developmental disabilities
Parents and other loved ones may know well before a teenager turns 18 that they have cognitive limitations. A variety of different congenital disorders and developmental disabilities can limit the ability of a young adult to properly manage the responsibilities of adult independence. The courts often grant guardianship to concerned family members when a young adult with severe medical challenges is about to turn 18.
2. Acquired injuries and medical conditions
Perhaps a previously healthy adult sustained a traumatic brain injury (TBI) in a car crash. Maybe a doctor recently diagnosed an aging adult with Alzheimer’s disease or another form of dementia. When serious physical injuries or progressive medical conditions interfere with an individual’s ability to care for themselves and manage their own affairs, the courts may agree that guardianship is necessary due to their medical challenges.
3. Mental health disorders
In some cases, an individual’s limitations stem from a psychiatric disorder rather than a physical injury. Conditions ranging from severe post-traumatic stress disorder (PTSD) and bipolar disorder to schizoaffective disorders can prevent people from consistently making choices in their best interests and effectively managing their own affairs.
Those concerned about an adult’s ability to live independently typically need medical documentation, financial records and witness testimony to validate their claims in court. Working with an attorney familiar with Nevada guardianship litigation can help families and other concerned individuals take the steps necessary to protect a vulnerable adult.