The Nevada Governor’s Council on Developmental Disabilities (NGCDD) supports the rights of individuals with I/DD to direct their own lives to the maximum of their abilities through changes to the guardianship system in Nevada that promotes the best practices of Person-Centered Planning, Informed Choice, and Self Determination through Supported Decision Making.
Many individuals find themselves in situations where they may need additional support with managing their day-to-day life and major life decisions. There are many options that exist, and the least restrictive alternative should always be heavily exhausted before consideration of Guardianship takes place.
The following information can be offered as an additional resource when determining if Guardianship is necessary for support.
Guardianship is a legal proceeding that can remove civil rights and privileges of an individual by assigning control of his or her life, or aspects of their life to someone else.
Many options, other than guardianship, are available to provide counsel, guidance, and assistance with making decisions. The principles of Informed Choice, Person Centered Planning and Self-Determination dictate that adults with intellectual/developmental disabilities (I/DD) are respected and supported in making their own life decisions. Individuals who can make life decisions with support from others around them should be enabled to do so. You can learn more about supported decision making at SDMnevada.org.
Supported decision-making is recognized as a less restrictive alternative to guardianship; whereby, trusted supporters are afforded the legal status to be with the adult, participate in discussions, help gather and evaluate information, consider, and communicate decisions so individuals with I/DD understand the situations and choices they face and can make their own decisions without the need for a guardian. You can learn more about supported decision making at SDMnevada.org.
Types of Guardianship in Nevada include Guardianship over the Person, Guardianship over the Estate, and Guardianship over the Person and the Estate.
- Guardianship over the Person: this type of guardianship means the guardian is responsible for the well-being and care of the protected person. The guardian will be able to make personal and medical decisions for the person, including healthcare decisions, decisions about where the person will live, and in the case of children, decisions regarding school.
- Guardianship over the Estate: this type of guardianship allows the guardian to make financial decisions for the person. Court approval is typically needed to spend or sell any of the person’s assets, even after a guardianship is granted.
- Guardianship over the Person and Estate: this type of guardianship allows the guardian to make personal, medical, and financial decisions for the protected person.
Guardianships can take place over adults and minors. The Guardian is the appointed legal authority over these individuals.
Adult Guardianship
NRS 159.017 “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, a special guardian or, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in Nevada. A guardian of an adult functions as a “best interest” representative.
Minor Guardianship
NRS 159A.017 “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in Nevada. A guardian of a minor functions as a “parent-like” representative.
What is a Guardian?
One who has the legal authority and duty to care for another’s person or property, esp. because of the other’s infancy, incapacity or disability. A guardian may be appointed either for all purposes or for specific purposes. Black’s Law Dictionary (7th Ed.). “Guardian” means any person appointed under Chapter 159 as a guardian of the person, of the estate, or the person and estate for any other person. NRS 159.017 and NRS 159A 017.
For assistance with Guardianships, please visit the State of Nevada, Self-Help Center.
Additional resources include:
Guardianships in Washoe County
Nevada Legal Aid Guardianship Help
Clark County Family Law Self-Help
Clark County Civil Law Self-Help
If you’re looking for additional information that you are not finding on this page, please contact our office for additional assistance in locating the resources you’re looking for! You can do so, by sending an email to Rebecca Ortiz at rortiz@dhhs.nv.gov.