Nevada Revised Statutes Chapter 159 addresses Guardianship of Adults while Chapter 159A addresses Guardianship of Minors.
Guardianship of Children:
The need to establish a guardianship of a minor child may arise when a child’s parent or parents are no longer able to provide for the basic needs of the child, the parent or parents engage in the habitual use of alcohol or any controlled substance during the previous 6 months, or whether the parent or parents have been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the exploitation of a child. If the child is over the age of 14 years, a written consent by the minor is necessary to establish the guardianship.
While a guardian has legal and physical custody of a minor child, the guardianship does not terminate the parents’ rights nor does it relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of their child.
Pursuant to NRS 159A.061, there is a preference that the parents of a minor child, if qualified and suitable, are preferred over all others for appointment as guardian for a minor child (this is known as the “Parental Preference Doctrine.” As a result, Courts view guardianship of a minor child as “temporary” and a parent may petition the Court to terminate a guardianship at any time after a guardianship is established. To terminate the guardianship, the parent must prove to the Court that she or he is “qualified and suitable.”
The need to establish a guardianship of an adult may arise when the adult, by reason of mental illness, mental deficiency, disease, weakness of mind or other cause, is unable, without assistance, to properly to manage and take care of himself or his property, or both.
A guardian has the care, custody and control of the person and has the legal authority and duty to provide for the proper care, maintenance, education and support of the person. There are a number of types of guardianships that can be obtained: Guardianship of the Person, Guardianship of the Estate, Guardianship of the Person and Estate, Special Guardianship, Temporary Guardianship, and Appointment of Short Term Guardian.
If you need to establish a guardianship of an adult or child, or you want to inquire about terminating a guardianship, The Cooley Law Firm can help you. Contact The Cooley Law Firm at (702) 265-4505 for assistance.
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