Frequently Asked Questions
Why does the Public Guardian Office exist? 
The laws of our state provide that the office of the Public Guardian, must apply for guardianship when appropriate if no other person has taken the initiative or has been successful in qualifying for the responsibility. The Clark County Public Guardian's Office is lawfully invested with the duty of taking care of individuals who are legally determined to be incapable of taking care of themselves. The office is court-appointed to this duty when no family members or friends are able, willing or appropriate to serve on behalf of the proposed ward who cannot function in his or her daily environment making proper health care or financial decisions, or performing basic self-care tasks such as feeding and bathing. The office offers an important public service for people who cannot manage their own financial affairs, keep themselves fed and bathed, shop for themselves or make proper health care decisions. There are different types of guardianships such as Guardian of the Person, Guardian of Estate, Guardian of Person and Estate, limited and special guardianships. Not all clients of the Public Guardian's office are legal wards. The voluntary sixty and over Representative Payeeship Program assist individuals in managing their monthly income while maintaining their independence. This is not a legal process. It’s a public service offered to help people maintain independent lives.
No. A guardianship gives back the lost dignity and rights to a person who has been legally declared incompetent. The Public Guardian Office is court appointed to serve as guardian when no family members or friends are willing, able or appropriate to serve on behalf of a proposed ward. About 25 percent of the guardianship cases the office receives involve wards who come to the attention of authorities because of financial exploitation. Referrals are submitted by anyone identifying a need for guardianship such as hospitals, law enforcement, senior service agencies, neighbors or families.
Are rights lost if I need a guardian and become a ward?
Rights are not lost; they are restored under guardianship. In all cases, the role of a court-appointed guardian is to protect wards, look out for wards’ best interests, and ensure the highest quality of care possible, given the ward’s health, personal and financial resources.
If I become a ward, how are my finances handled?
Budgets are established based upon your monthly income and any assets available in your estate. Case managers are responsible for producing budgets and paying bills. The guardian is responsible for arranging to supply the ward with such necessities as food, clothing, shelter and incidentals. Upon granting guardianship, every asset a ward has is identified and is inventoried. Guardians are required to document what happens to each and every asset, and what fees have been charged to the estate. Guardians must keep their personal finances completely separate from the ward’s finances. There is no requirement to incur expenses for the benefit of the ward except to the extent that the ward’s income and assets will allow, and has been granted by the Court. In a General Guardianship, annual written accountings must be provided to the court if the value of the ward's assets exceeds $10,000 a year. In a Summary Guardianship, the court may dispense with annual accountings if the value of the guardianship does not exceed $10,000. In both cases, an accounting must be submitted to the court when a petition is filed to terminate or transfer guardianship.
What steps can I take now to ensure my care if I ever become incapacitated and need a guardian?
It’s wise to put your wishes down on paper in the form of a will or a trust long before an incapacitating event or condition occurs in your life. Whether your guardian is a family member, close friend or the Public Guardian Office, the court will direct guardians to follow your legal and written wishes as much as circumstances permit. Some important things you should consider in your will or estate plans:
· Talk to family members ahead of time about your wishes. Let them know who you’ve entrusted with guardianship responsibilities named as the trustee for your estate.
· Hire an attorney to prepare a trust if you have a sizeable estate. By state law, your guardian is required to use your assets for your care, including bank accounts, stocks, bonds, automobiles, real estate, pensions, life insurance. These assets may be liquidated on your behalf to fund your care.
· Document through advanced directives your wishes regarding medical directives and life-support care.
· Document through advance directives your wishes regarding burial, cremation and funeral services. The location of pre-purchased burial plots and other preferences should be documented.
Yes, if the estate has the financial resources to accomodate independent living. If you cannot live independently in your home, it’s likely your guardian will sell the home and use the proceeds for your care, while maintaing your residency in the least restrictive way possible.
What happens to any financial assets I have remaining in my estate after my death?
For estates valued at less than $100,000, the public guardian settles any outstanding bills or financial transactions on behalf of the ward. Remaining funds in the estate can then be distributed as directed according to the ward’s will. Consequently, if no will exists, assets would be distributed to family and divided equally among members. If an estate is valued at more than $100,000, the case will go into probate for distribution of the ward’s remaining assets. The Public Guardian Office refers the case to Public Administrator Office if no family members initiate probate proceedings.
Guardianship Training Program
- A class dedicated to matters involving guardianships of adults is held bi-monthly on the second Wednesday, from 2 p.m. to 4:30 p.m.
- Information regarding guardianship of a minor can be included upon request.
- Space is limited. Advance registration is required.
- For reservations, call (702) 455-4332.
Other Community Resources
Self-Help Legal Center, “Ask a Lawyer” program regarding family court issues, petitions, legal documents
Clark County District Court, Family Court Division
601 N. Pecos Road, Courtroom 1, second floor
Thursdays, 1:30 p.m.
* Come early. Admission is limited to the first 20 arrivals.
UNLV's William S. Boyd School of Law offers free legal education classes.
University of Nevada, Las Vegas
4505 Maryland Parkway, Box 451012
Las Vegas, NV 89154-1012
(702) 895-3104
Clark County Legal Services is a nonprofit organization that provides free community legal services to those in need.
800 S. 8th St.
Las Vegas, NV 89101-7051
(702) 386-1070
(800) 522-1070
TDD for Hearing Impaired: (702) 386-1059
The Clark County Law Library is a research library dedicated to providing equality of access to sources of law, related information and community resources.
309 South Third St., Suite #400
P.O. Box 557340
Las Vegas, NV 89155-7340
(702)455-4696
Nevada Legal Services
Nevada Legal Services is a nonprofit law firm that assists low-income clients.
530 S. 6th St.
Las Vegas, NV 89109
(702) 386-0404
National Guardianship Association
NGA provides educational, training, and networking opportunities for guardians and about guardianship; to promote the highest levels of values, standards and ethics; and to ensure a nationally recognized standard of excellence.
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