Types of Legal Guardianship

A guardian is a person who is responsible for the care and welfare of another person. In the case of children, legal guardianship is automatically given to the parents at birth; however, if the parents are deceased or found unfit to care for their child, guardianship may be given to another person.

Besides biological parents, there are other types of legal guardians for minor children. These different types of guardianship can be used together or independently and the different parties would be known as “co-guardians“.

A Guardian Ad Litem - Someone who represents the child during a legal proceeding. The court appoints the The Guardian Ad Litem. A Guardian Ad Litem’s authority ends when the legal proceedings are over.

A Conservator - This is a guardian appointed by the court to control a child’s financial matters. The Conservator (or Guardian of the Estate) is responsible for proper management of any assets owned by the estate.

A Guardian of the Person - Responsible for making decisions about education, medical care, and other legal decisions involving the child.

Temporary Guardian - The court may appoint a temporary guardian. A temporary guardian may be used until a permanent or replacement guardian can be found or until a necessitating situation is resolved.

The process of obtaining guardianship of a child begins with the filing of a petition. This petition can filed with a family law attorney and submitted to the family court. The petition establishes a request for guardianship and a hearing will be scheduled to submit regarding the filer's reasons for guardianship. More details and the legal requirements that must be established in the petition can be found under Nevada's Revised Statutes, Chapter 159.

Once a person is granted legal guardianship b the court, a certified copy of the order, or letter of guardianship, will be sent to the new guardian. It is important to retain these papers for future reference.

There are rights and responsibilities that come with being a guardian. Depending on the type of guardian there may be fiduciary, legal and physical responsibilities. Be sure to talk with your family law attorney about these required responsibilities.

Guardianship is not limited to the care of a child. Petitions for Guardianship may be applied for adults who have diminished mental capacity or severe physical disability. Guardians and temporary guardianship may be petitioned for an adult who are so addicted to alcohol, drugs or gambling that they are a serious threat to themselves.

Speak with Las Vegas Guardianship Lawyers. Call (702) 914-0400.