The court decides whether guardianship should be granted through a statutory
process outlined in state law, Nevada Revised Statues, Section 159
In Clark County, guardianship cases are decided at the Regional Justice Center, a
division of the Clark County District Court, located at 200 Lewis Avenue. The
process includes petitioning the court, notifying the potential individual and
family members, identifying the potential individuals resources, and stating the
reason guardianship is needed. Adult
court’s decision to grant guardianship of an adult protected person is generally based on
one of two types of findings:
- A finding of
incompetency applies to adults who, by reason of mental illness, mental
deficiency, or advanced age are at risk to take care of themselves or their
property. A finding of incompetency is determined by the court based on a
review of medical records and written evaluation from a board-certified
psychiatrist or physician.
- A finding of
limited capacity includes an adult who is able to make independently
some, but not all, of the decisions necessary for his or her own care and
management of property. This determination is made by the court based on a
review of medical records and psychiatric evaluation.
Under state law, Nevada Revised Statutes 159, the court
can appoint a temporary guardian for a minor protected person who is unable to respond to
substantial or immediate risk of physical harm or to the need for immediate
medical attention. The parents of a minor, if qualified or suitable, are
preferred over all others for the appointment as guardian for the minor. The
court’s considerations include:
- Which parent has
physical custody of the minor
- Ability of
parents to provide for the basic needs of the child, including food, shelter,
clothing and medical care.
- Whether parents
have engaged the recent, habitual use of alcohol or drugs.
- Whether the
parents have been convicted of a crime of moral turpitude, domestic violence or
a crime involving the exploitation of a child.
- If a minor is 14
years of age or older, the court will consider the minor’s request for the
appointment of a guardian.
- Preferences for
proposed guardianship of a protected person are considered by the court in the following
- Adult child
- Adult sibling
- Grandparent or
- Uncle, aunt,
adult niece or adult nephew.
The court also may consider
the appointment of an appropriate, interested person to serve as a minor’s