Guardianship Information

When a minor is unable to make decisions due to age and lack of parental supervision, that person becomes, upon appointment of guardian, a “protected minor” of the Court. The Court appoints a “guardian” who agrees to assume responsibility for the protected minor's health and welfare. The guardian is also responsible for submitting annual reports to the Court.

If the Court has appointed you guardian, there are certain things you must do, and certain things you cannot do. If you fail to perform any of your duties as guardian, you may be removed as guardian and be held personally liable for any loss or damage sustained by the protected minor by reason of your failure. You are under a duty, at all times, to act in the best interests of the protected minor and to avoid conflicts of interest which impair your ability to so act. Under the laws of the State of Nevada, you are bound to obey the following rules:

1. If you are appointed Guardian of the Person, each year, within 60 days of the anniversary of your appointment, you must file an Annual Report on the condition of the protected minor. You may also be required to attend hearings every three years.
2. If you are appointed Guardian of the Person, you have the duty to take charge of the protected minor and provide for the care, treatment, rehabilitation, education, support and maintenance of the minor.
3. If you are appointed Guardian of the Estate, within 60 days after your appointment as guardian, you must file an Inventory, Appraisal, Record of Value, and Proof of Blocked Account showing all the property belonging to the protected minor.
4. If you are appointed Guardian of the Estate, each year, within 60 days of the anniversary of your appointment, you must file an Annual Account for the income, expenses, and estate balance of the protected minor. Be sure to save receipts as the Court can order them to be filed. You may also be required to attend hearings every year.
5. If you are appointed Guardian, the guardianship does not automatically end when the minor becomes 18 years of age. You remain liable until you file a final Annual Report, final Account, or Petition for Termination or Discharge, and receive a written Order Terminating Guardianship or Order of Discharge from the Court. The same rules must be followed when there is no further need for the guardianship, such as when a minor returns to the care and home of their parent.
6. You may download any of the forms from the Court’s web site at Forms and Packets page.

Establishing a guardianship is a complicated process with strict time lines and notice requirements. Careful compliance with the legal procedures outlined in Nevada Revised Statute (NRS) Chapter 159A will prevent unnecessary delays and costs.

A Petition is a legal document making a request for an order from the Court. In the case of a Petition for Appointment of Guardian Over a Child, the Court is being asked to appoint a Guardian for a specific minor. A petition for guardianship contains a significant amount of information. Failure to include any of the required information may result in a delay of the proceedings or in a denial of the petition without a hearing.

What information is included in the Petition for Guardianship?

A petition for guardianship must indicate whether the petitioner seeks appointment as guardian over the person, estate, or person and estate, and whether immediate, temporary guardianship is requested.

1. Information about the Petitioner:

   A petition for guardianship must provide the petitioner’s name, address, date of birth, residence, relationship to the proposed protected minor, and a statement indicating the reasons for applying for the guardianship and interest in being appointed as guardian.

   A petition for guardianship must indicate whether the proposed guardian has been convicted of a felony, and, if so, the crime, the date of conviction, whether the proposed guardian received parole or probation, and the date of release from prison or jail or discharge from parole or probation. If a proposed guardian is a felon, the petition may be denied.

2. Information about the proposed protected minor:

   A petition must provide the proposed protected minor’s name, address, date of birth, and state of residence. The petition must also provide the name and address of family members within the second degree, which includes the proposed protected minor’s parents, grandparents, siblings, and children. If a relative is deceased, the petition should indicate this. If someone other than the petitioner has the care, custody, or control of the proposed protected minor, the name and address of that person must be listed.

   A petition to appoint a guardian of the estate must contain a general description of the proposed protected minor’s property, including its value, and any income (through a trust, work, or Social Security) payable to the proposed protected minor.

3. Additional Required Information:

   A petition must indicate if the proposed protected minor is a party to any other court cases, if the guardianship is being requested because of an investigation of abuse or neglect, if there is a current custody case, or if there is pending civil or criminal action.

4. Documents that must accompany the Petition:

   A Confidential Information Sheet must be completed and filed with the petition for guardianship. You must provide at least one form of identification (listed on the form) for each Petitioner and the proposed protected minor. Failure to provide this documentation will likely delay the proceedings. This document will be filed confidentially and the information will not be available to the public.