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Saturday, October 10, 2015
Public Guardian: Types of Guardianship

Types of Guardianship

There are various types of guardianships, the most common types are:

  • Guardian of the Person
  • Guardian of the Estate
  • Guardian of Person and Estate
  • Temporary Guardian 

Person Only   

The Guardian of the Person is responsible for proper care, maintenance, education and support of the individual. The guardian is responsible for personal and medical decisions only.   

Estate Only  

The Guardian of Estate is responsible to protect, preserve, manage and dispose of the estate in the individuals best interest.  The guardian is responsible for financial decisions only.  Legal duties and responsibilities of the Guardian of Estate Only are outlined in state law, under Nevada Revised Statutes. These responsibilities may include, but are not limited to: the sale of an individuals real or personal property, managing all income, filing annual accountings with the court, closing bank accounts, selling stock.   

Person and Estate  

The Guardian of the Person and Estate is responsible for financial, medical and social decisions for the individual.  Legal duties and responsibilities of Guardian of Person and Estate are outlined in state law, under Nevada Revised Statute 159.

Temporary Guardianship  

Under Nevada state law, a judge may grant an emergency order of temporary guardianship when the petitioner can show that:

  • Proposed individual faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention
  • Proposed  individual lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention
  • Petitioner has tried in good faith to notify the persons entitled to notice under NRS 159.047.

    Notice of Guardianship-Related Court Proceedings 

    The following are entitled to receive notice of all court proceedings at the time the court is petitioned to consider guardianship.  The citation to the proposed individual must state:

    • The individuals rights may be affected as outlined in the petition.
    • The individual has a right to appear at the hearing and oppose.
    • The individual has a right to be represented by an attorney.
    • Spouse and adult children (if none – parents, brothers, sisters of the individual).
    • Administrator of an institution, nursing facility or any person having the care, custody and control of the proposed individual.
    • The Veterans Administration if benefits are paid to the proposed individual.

    If the proposed individual is a minor, the following individuals are entitled to receive legal notices: 

    • Parents, person or institution having care, control and custody of the minor
    • The minor – if he or she is 14 years of age or older