How to Seek Guardianship or Conservatorship for an Incapacitated Relative in Nevada

Disclaimer: This article provides general information about Nevada law and is not legal advice. For guidance tailored to your situation, consult a qualified Nevada attorney.

Detailed Answer

Under Nevada law (NRS Chapter 159), you must follow a series of defined steps to obtain legal authority to make personal or financial decisions for an adult who lacks capacity.

1. Assess Capacity and Necessity
   Confirm that the person cannot manage personal care or finances. Obtain a medical evaluation from a licensed physician or psychologist. See NRS 159.0195 for medical report requirements.
2. Prepare the Petition
   File a petition for guardianship (personal decisions) or conservatorship (financial decisions) in the district court of the county where the individual resides. Use the forms and guidelines in NRS 159.059. Link: NRS 159.059.
3. Identify Interested Parties
   List the proposed ward, close family members, current caregivers, and any person acting as an agent under power of attorney. Nevada requires service on all interested parties under NRS 159.062.
4. Serve Notice
   Provide formal notice to the proposed ward, spouse, adult children, parents, and guardians of any estate. Follow the timing and method set out in NRS 159.062.
5. Court Investigator and Report
   The court will appoint an investigator or visitor to interview the proposed ward and report on capacity and living conditions. This protects the ward’s rights. See NRS 159.069.
6. Attend the Hearing
   The court schedules a hearing, usually 20–60 days after filing. Present evidence of incapacity, need for guardianship or conservatorship, and suitability as guardian/conservator. The court may appoint counsel for the proposed ward.
7. Obtain Letters of Guardianship or Conservatorship
   If the court finds the requirements met, it issues letters granting you authority. Letters specify your powers and duties. See NRS 159.080.
8. Post Bond if Required
   The court may require a bond to protect the ward’s assets. File the bond under guidelines in NRS 159.149.
9. Carry Out Ongoing Duties
   As guardian, you make personal and medical decisions. As conservator, you manage finances and property. File inventories and annual accountings under NRS 159.153 and NRS 159.155. The court may review and adjust your powers.
10. Modify or Terminate
    If the ward regains capacity or circumstances change, file a petition to modify or terminate under NRS 159.284–.298.

Helpful Hints

• Start early: Complex cases may take months to resolve.
• Gather complete medical records and professional evaluations.
• Provide clear notice to all interested parties to avoid delays.
• Maintain detailed financial records and receipts.
• Consider less restrictive alternatives, like power of attorney.
• Attend all hearings prepared and on time.
• Work with a court-appointed investigator cooperatively.
• File accountings punctually to avoid sanctions or removal.