How to Avoid a Guardianship

Execute Nevada based Personal or Healthcare Directives for your person, and Enduring or Financial Powers of Attorney for your property located in Nevada.

Guardianship Defined

A Guardianship is a legal proceeding in Nevada where a judge appoints a “guardian” to decide daily life and medical decision of a “Protected Person,” and/or to manage his/her financial affairs. Conservatorships is another word for Guardianship. Guardianship is the legal term used in Nevada.

When a Guardianship is Required

A guardianship is typically required where, a third party (usually banks, or title companies) demand the appointment of a guardian before consummating a transaction, or family members fight among themselves regarding the care of a loved one or management of his/her financial matters.

Types of Guardianships in Nevada

In Nevada, when someone becomes incapacitated due to age, illness, or injury, two types of guardianships are frequently required. One is over your person; the other is over your property. While both types of guardianship are frequently requested, depending upon the circumstances, one or the other may be requested.

Guardianship Over Your Person

A guardianship over your person is about someone obtaining court authority to decide healthcare matters and daily living for you while you are in the US. If you are not in the US at the time of incapacity, this type of guardianship is not a concern for you.

Guardianship Over Your Property

A guardianship over your property is about someone obtaining court authority to decide how your property is to be managed, and possibly sold. This type of guardianship may still have to occur to dispose of your property even though you are physically located in Canada. Your mere physical presence in Canada during an incapacity significantly complicates the guardianship over your property located in the US. The reason is, courts struggle with controlling your property while not having control over your person located in Canada.

Costs and Hassles of Guardianship

Costs of establishing a guardianship in Nevada is several thousands of US dollars, and can take up to 30 days to establish. Add more money and delay to sell property, including costs to obtain appraisals and miscellaneous items will also have to be incurred. Do not forget the thousands of dollars in costs of complying with annual reporting requirements to the court under the Nevada Revised Statutes. To add insult to your incapacity, since you likely do not have a trusted family member or friend located in Nevada, you will incur thousands of dollars in expense to hire a guardian required under the Nevada Revised Statues.

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