Who We Are
The Public Guardian office’s caseload fluctuates and has increased steadily with the area’s population growth. As of August 2005, staff oversee the affairs of more than 500 guardianship wards. The office also has hundreds of clients enrolled in its voluntary Representative Payeeship Program.
Referrals generally are received from such sources in the community as family members or neighbors, hospitals, banks, and local law enforcement or senior service agencies. The office receives hundreds of referrals each year. The majority of Public Guardian wards have no financial resources other than Medicaid and County assistance. About 20 percent of the guardianship cases the office receives involve wards who come to the attention of authorities because of financial exploitation and/or physical abuse.
The Public Guardian is court appointed to provide guardianship services per Nevada Revised Statues, Section 159. Referrals to the office are required and evaluated for appropriateness prior to acceptance into the programs. The office’s services may include annual financial and medical status reports to the court, money management, personal services management and 24-hour emergency services. The office is utilized as a last resort when:
· There is no family.
· Family members are ill, elderly or other circumstances prevent their effective performance as a guardian.
· Friends or family have exploited or neglected the person and would not be suitable to serve.
· Family members live in other states and cannot meet the statutory requirements.
Guardianship Determination
The court’s decision to grant guardianship of an adult ward is generally based on one of two types of findings:
- A finding of incompetency applies to adults who, by reason of mental illness, mental deficiency, or advanced age are at risk to take care of themselves or their property. A finding of incompetency is determined by the court based on a review of medical records and written evaluation from a board-certified psychiartrist.
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A finding of limited capacity includes an adult who is able to make independently some, but not all, of the decisions necessary for his or her own care and management of property. This determination is made by the court based on a review of medical records and psychiatric evaluation.
Under state law, Nevada Revised Statutes 159, the court can appoint a temporary guardian for a minor ward who is unable to respond to substantial or immediate risk of physical harm or to the need for immediate medical attention.
The parents of a minor, if qualified or suitable, are preferred over all others for the appointment as guardian for the minor. The court’s considerations include:
- Which parent has physical custody of the minor.
- Ability of parents to provide for the basic needs of the child, including food, shelter, clothing and medical care.
- Whether parents have engaged the recent, habitual use of alcohol or drugs.
- Whether the parents have been convicted of a crime of moral turpitude, domestic violence or a crime involving the exploitation of a child.
- If a minor is 14 years of age or older, the court will consider the minor’s request for the appointment of a guardian.
- Preferences for proposed guardianship of a ward are considered by the court in the following order:
- Spouse
- Adult child
- Parent
- Adult sibling
- Grandparent or adult grandchild
- Uncle, aunt, adult niece or adult nephew.
- The court also may consider the appointment of an appropriate, interested person to serve as a minor’s guardian.
Guardianship Qualifications/Becoming a Guardian
- Any person the court finds suitable to serve as guardian.
- Must be competent.
- Must be a Nevada resident or have engaged a Nevada resident to serve as co-guardian.
A Person Is Not Suitable Who Is:
- A minor
- A felon convicted of a certain crimes involving abuse or neglect or financial crimes.
- A person judicially determined to have committed abuse, neglect or exploitation of another person.
- A person suspected for misconduct or disbarred from the practice of law (during the period of suspension or disbarment only.)
The court will consider a written request or preference executed by the ward prior to his or her becoming incompetent.- Nomination of a guardian in a Will or other written document executed by the proposed ward, a spouse or parent of a minor.
- Any request or appointment as guardian for a minor 14 years of age or older made by the minor.
- The relationship by blood or marriage of the proposed guardian to the proposed ward.
A referral to the Public Guardian must be submitted and will be evaluated by staff prior to acceptance in the program. The court may appoint the Clark County Public Guardian to serve as guardian if:
- There are no family members or friends.
- Family members are ill, elderly or other circumstances prevent their effective performance as a guardian.
- Friends or family have exploited or neglected the person and would not be suitable to serve.
- Family members live in other states and cannot meet the statutory requirements.
Types of Guardianship
The Guardian of the Person is responsible for proper care, maintenance, education and support of the ward. The guardian is responsible for personal and medical decisions only. The ward or another person or institution representative will make all financial decisions.
The Guardian of Estate is responsible to protect, preserve, manage and dispose of the estate in the ward’s best interest. The guardian is responsible for financial decisions only. The ward may be capable of making personal and health care decisions, or another person may be appointed Guardian of Person.
Legal Duties and Responsibilities of Guardian of Estate Only are outlined in state law, under Nevada Revised Statues. These responsibilities may include the sale of a ward’s real or personal property, managing all income, filing annual accountings with the court, closing bank accounts, selling stock.
The guardian often serves for both the person and the estate.
Legal Duties and Responsibilities of Guardian of Person and Estate are outlined in state law.
Under Nevada state law, a judge may grant an emergency order of temporary guardianship when the petitioner can show that:
- Proposed ward faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention;
- Proposed ward lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention;
- Petitioner has tried in good faith to notify the persons entitled to notice under NRS 159.047.
The following people or entities are entitled to receive notice of all proceedings:
- The proposed ward. At the time the court is petitioned to consider guardianship, the citation to the proposed ward must state:
- The ward’s rights may be affected as outlined in the petition.
- The ward has a right to appear at the hearing and oppose.
- The ward has a right to be represented by an attorney.
- Spouse and adult children (if none – parents, brothers, sisters of ward.)
- Administrator of an institution, nursing facility or any person having the care, custody and control of the proposed ward.
- The Veterans Administration if benefits are paid to the proposed ward.
- If the proposed ward is a minor, the following individuals are entitled to receive legal notices:
- Parents
- Person or institution having care, control and custody of the minor
- The minor – if he or she is 14 years of age or older
Guardianship Management & Legal Duties
State law requires the Public Guardian to manage those resources to help care for the person. The Public Guardian Office also is entitled under state law to seek reasonable compensation for services provided to wards if wards have financial resources. The agency submits fees for approval to the court as part of annual case accountings. Public Guardian’s annual fee schedule also is submitted to the Clark County Commission for approval each year.
In a general guardianship, annual written accountings must be provided to the court if the value of the ward’s assets exceeds $5,000. An accounting must be submitted to the court when a petition is filed to terminate or transfer guardianship.
In a summary guardianship, the court may dispense with annual accountings if the value of the guardianship does not exceed $5,000. An accounting must be submitted to the court when a petition is filed to terminate or reassign guardianship.
- Prepare a plan to address all medical, social, financial needs and revise as needed.
- Budgets should maximize benefits for a ward. Guardians should keep their personal funds completely separate from their wards.
- Provide or arrange to supply ward with necessities: food, clothing, shelter, incidentals. ( A guardian is not required to incur expenses for the benefit of the ward except to the extent that the ward’s estate will allow.)
- Examine and verify validity of all requests for payments on ward’s behalf.
- Assure that the ward is given the opportunity to be trained, educated and learn a trade if applicable.
- Meaningful visits with a ward should be no less than one time per month.
- Advocate on behalf of the ward, ensure the ward’s civil rights are protected whenever possible and utilize substituted judgment in decision making, which requires/encourages guardians to attempt to make decisions that wards would make for themselves if they were competent to do so.
- Authorize/give consent for medical and dental procedures when appropriate. The guardian should utilize a decision checklist to assist with making routine decisions. As a general rule of thumb, the guardian should seek a second medical opinion for invasive treatments or surgeries.
- Court authorization is required for some procedures, including but not limited to, experimental medical treatment, sterilization, amputations and many other major surgical procedures.
- Court permission must be sought to change the state of residence.
A guardian may, without prior approval of the court, invest the ward’s funds in the following:
Federal deposit Insurance Corporation (FDIC) of Federal Savings and Loan Insurance Corporation (FSLIC) insured savings accounts in any bank or savings and loan institution.- Interest-bearing obligations of or fully guaranteed by the United States.
- Interest-bearing obligations of the United State Postal Services.
- Interest-bearing obligations of any county, city, or school district of this state.
A Guardian of the Person and Estate must seek court permission for the following:
- To sell, lease, place into trust or surrender any property of the ward.
- To invest the property of the ward.
- To continue the business of the ward.
- To borrow money for the ward.
- To enter into contracts on the ward’s behalf.
- To make gifts from the ward’s estate or make expenditures for ward’s relatives.
- To exchange or partition ward’s property.
- To pay attorney’s fees.
Inventory and Accounting 
- A written inventory of the ward’s assets/property must be submitted to the court. The inventory must be amended if additional assets are discovered after the initial inventory is filed. This report should be filed within 30 days of locating additional assets.
- Complete and accurate financial records must be kept including receipts for expenditures, source of receipts and purpose of disbursements.
- Annual written accountings must be provided to the court within 60 days after the anniversary date of guardianship appointment.
- Reports may be required by the court at different intervals or at any time for a variety of reasons (status checks, summary proceedings etc.)
- Copies of all reports should be given to co-guardians and attorneys involved.
- Protect, preserve and manage all assets belonging to ward. A plan should be prepared to address the needs of the ward. Personal and medical decisions can be made by the ward.
- Budgets should be prepared to maximize benefits for the ward.
- To use the assets for the proper care, maintenance, education and support of the ward. (A guardian is not required to incur expenses for the benefit of the ward except to the extent that the ward’s estate will allow. Guardians must keep their personal funds completely separate from their wards.
- Examine and verify validity of all requests for payments.
Investments
A guardian may, without prior approval of the court, invest the ward’s funds in the following:
Federal Deposit Insurance Corporation (FDIC) or Federal Savings and Loan Insurance Corporation (FSLIC) insured savings accounts in any bank or savings and loan institution.- Interest-bearing obligations of or fully guaranteed by the United States.
- Interest-bearing obligations of the United State Postal Services.
- Interest-bearing obligations of any county, city, or school district of this state.
A Guardian of the Estate must seek court permission for the following:
- To sell, lease, place into trust or surrender any property of the ward.
- To invest the property of the ward.
- To continue the business of the ward.
- To borrow money for the ward.
- To enter into contracts on the ward’s behalf.
- To make gifts from the ward’s estate or make expenditures for ward’s relatives.
- To exchange or partition ward’s property.
- To pay attorney’s fees.
Inventory and Accounting
- A written inventory of the ward’s assets/property must be submitted to the court. The inventory must be amended if additional assets are discovered after the initial inventory is filed. This report should be filed within 30 days of locating additional assets.
- Complete and accurate financial records must be kept including receipts for expenditures, source of receipts and purpose of disbursements.
- Annual written accountings must be provided to the court within 60 days after the anniversary date of guardianship appointment.
- Reports may be required by the court at different intervals or at any time for a variety of reasons (status checks, summary proceedings etc.)
- Copies of all reports should be given to co-guardians and attorneys involved.
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 if no other person has taken the initiative or has been successful in qualifying for the responsibility. The Clark County Public Guardian 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, and limited and special guardianships. Not all clients of the Public Guardian office are legal wards. Hundreds of our clients are enrolled in our voluntary Representative Payeeship Program, which helps people manage their financial affairs 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 rights and dignity to a person who has been legally declared incompetent. The Public Guardian Office is court appointed to provide guardianship services as a last resort. We are appointed to serve as guardian when no family members or friends are willing, able or appropriate to serve on behalf of a proposed ward. Frequently, family members live out of state, or for health and other personal reasons, cannot care for a ward. About 20 percent of the guardianship cases the office receives involve wards who come to the attention of authorities because of financial exploitation. Guardian referrals generally come from hospitals, police, senior service agencies, neighbors or families. The office receives hundreds of referrals each year.
Are rights lost if I need a guardian and become a ward?
Rights are not lost; they are restored under guardianship. There are different types of guardianship, depending on your individual circumstances and the court’s determination in your case. A judge may determine that you have the capacity to make personal and medical decisions on your own behalf, but not financial decisions. You also may be able to live in your own home when arrangements for shopping, transportation and other needs are arranged in your behalf. 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 life possible, given the ward’s health and 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 pay bills routinely and accountings are provided to the court annually. 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. 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. In General Guardianship, annual written accountings must be provided to the court if the value of the ward's assets exceeds $5,000 a year. In a Summary Guardianship, the court may dispense with annual accountings if the value of the guardianship does not exceed $5,000. In both cases, an accounting must be submitted to the court when a petition is filed to terminate or transfer guardianship. The guardian is responsible for arranging to supply the ward with such necessities as food, clothing, shelter and incidentals. Special instructions approved by the court also should document the use of any financial resources wards may have that allow for transportation, recreation, education or the purchase of hobby-related items, gifts to family members or friends on birthdays or holidays or to the wards themselves on special occasions.
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.
· Make known your wishes regarding medical directives and life-support care.
· State your wishes regarding burial, cremation and funeral services. The location of pre-purchased burial plots and other preferences should be documented.
The goal of guardianship is to make decisions that allow wards to live as independently as possible, depending on the type of care and supervision a ward requires. If you cannot live independently in your home, it’s likely your guardian will sell the home and use the proceeds for your care.
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. 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 the second Wednesday of every month, 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
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