Las Vegas Guardianship Lawyer

What Is Guardianship in Nevada?

Guardianship is a court order giving one person, the guardian, the legal authority to make decisions for another person, called the protected person. Nevada law governs adult guardianships under NRS Chapter 159 and guardianships of minors under NRS Chapter 159A. In Clark County, these cases are heard in the Guardianship Court of the Eighth Judicial District Court.

Nevada recognizes three basic forms of guardianship:

• Guardianship of the person: the guardian makes personal decisions, including medical care, living arrangements, and, for children, schooling.
• Guardianship of the estate: the guardian manages the protected person’s money and property, subject to court oversight and annual accountings.
• Guardianship of the person and estate: the guardian holds both roles.

Because a guardianship removes decision-making rights from another human being, Nevada courts treat these cases with real scrutiny. Petitions must be properly drafted, relatives must be formally served, medical evidence must meet statutory standards, and guardians must comply with ongoing reporting duties. An experienced guardianship attorney in Las Vegas keeps the case moving and keeps you compliant.

Types of Guardianship Cases We Handle

Adult Guardianship

An adult guardianship in Nevada may be needed when a loved one can no longer manage their own affairs due to dementia, Alzheimer’s disease, traumatic brain injury, developmental disability, serious mental illness, or another incapacitating condition. Under NRS Chapter 159, the petition must include a certificate from a physician or other qualified professional supporting the need for guardianship, and the court must find incapacity by clear and convincing evidence. Nevada law also entitles the proposed protected person to their own attorney, so these cases can become adversarial even within loving families. We help petitioners build the evidence the court requires while treating the protected person, and your family relationships, with dignity.

Guardianship of a Minor

Guardianship of a child in Nevada arises when a parent has died, is incarcerated, is struggling with addiction, or is otherwise unable to provide care. Grandparents, aunts and uncles, adult siblings, and close family friends frequently step in as guardians under NRS Chapter 159A. The court gives preference to suitable parents, considers the child’s basic needs, and, if the child is 14 years of age or older, will consider the child’s own wishes about who should serve as guardian. If you are a relative raising a child without legal authority, a guardianship gives you the standing to enroll the child in school, consent to medical care, and access benefits. Families in this position often also want to understand grandparents’ rights and whether adoption might be the better long-term path; we help you compare all three.

Temporary and Emergency Guardianship

When a person faces a substantial and immediate risk of physical harm or financial loss, or needs immediate medical attention, Nevada courts can appoint a temporary guardian on an expedited or even ex parte basis. These emergency orders are short by design, generally about 10 days before a follow-up hearing, with limited extensions available for good cause. Emergency guardianship petitions are technical and time-sensitive; a mistake in the affidavit or in notice to relatives can get the guardianship dissolved. If your family is in crisis, contact our office the same day.

Guardianship of the Estate and Financial Protection

When a protected person owns real estate, retirement accounts, an inheritance, or settlement funds, the court will require a guardianship of the estate with inventories, budgets, blocked accounts or bonds, and annual accountings. Cohen Fic & Squires is unusually well positioned here: our team includes Certified Divorce Financial Analyst resources through our Las Vegas Family Law Solutions division, which means complex asset questions are analyzed in-house rather than guessed at. That financial depth matters just as much in an estate guardianship as it does in a high net-worth divorce.

Contested Guardianship Disputes

Not every guardianship is peaceful. Siblings disagree about who should serve; a proposed protected person objects to the guardianship entirely; a family suspects an existing guardian of neglect or financial exploitation. We litigate contested guardianship cases on both sides: pursuing appointment or removal, and defending suitable guardians against unfounded challenges. If a guardianship order was wrongly granted or denied, our firm also handles family law appeals before the Nevada Court of Appeals and the Nevada Supreme Court.

How the Guardianship Process Works in Clark County

While every case is different, most Clark County guardianship cases follow the same statutory path:

1. Petition. We prepare and file a detailed petition identifying the proposed guardian, the proposed protected person, the type of guardianship requested, and the reasons it is needed. Adult petitions require supporting medical documentation.
2. Citation and notice. Nevada law requires formal service on the proposed protected person and a long list of relatives and agencies, generally at least 10 days before the hearing. Improper service is the single most common reason guardianship hearings get cancelled or delayed.
3. Investigation and representation. The court may appoint an attorney for the proposed protected person, a guardian ad litem, or an investigator, depending on the case.
4. Hearing. The judge hears evidence and decides whether guardianship is warranted and who should serve. In Clark County, guardianship matters are decided within the Eighth Judicial District Court.
5. Letters of Guardianship. If granted, the court issues Letters of Guardianship, the document that proves your legal authority to schools, hospitals, and banks.
6. Ongoing duties. Guardians must file reports, care plans, and, for estates, annual accountings. Nevada courts also hold periodic review hearings. We keep our guardian clients compliant so the guardianship is never put at risk.

For self-represented litigants, Clark County’s Family Law Self-Help Center publishes general information and forms, and the Clark County Public Guardian’s Office explains the types of guardianship recognized under Nevada law. Those resources are valuable, but they cannot give legal advice, evaluate your evidence, or advocate for you in a contested hearing. That is where we come in.

Guardianship vs. Child Custody: Which Do You Need?

Families often use the words interchangeably, but in Nevada they are different cases in different statutes. Child custody allocates parental rights between a child’s legal parents, while guardianship gives decision-making authority to someone who is usually not a parent, without permanently terminating the parents’ rights. If you are a parent seeking parenting time or decision-making authority, you likely need a Las Vegas child custody lawyer rather than a guardianship. If custody orders already exist and circumstances have changed, a custody modification may be the right vehicle. If you are a non-parent caring for a child, guardianship is usually the correct starting point. If parentage itself is in question, we can address that through a paternity action. And if the family’s goal is a permanent legal parent-child relationship, adoption may ultimately serve the child better than a guardianship that ends at 18. We will tell you honestly which path fits your facts; families dealing with a child welfare investigation should also review our CPS defense page.

Alternatives to Guardianship in Nevada

Nevada policy favors the least restrictive option that keeps a person safe. Before filing, we evaluate whether your goals could be met without a court-supervised guardianship, for example through a durable power of attorney, a healthcare directive, a trust, a supported decision-making agreement, or representative payee arrangements for government benefits. The Nevada Aging and Disability Services Division also offers programs that can reduce or eliminate the need for guardianship in some situations. Choosing the right tool at the start saves families money, court appearances, and conflict.

Ending or Changing a Guardianship

Guardianships are not necessarily permanent. A guardianship can be terminated when a child turns 18 (or 19 in limited circumstances), when parents demonstrate they have resolved the problems that led to the guardianship and can resume care, when an adult protected person regains capacity, when the protected person passes away, or when the case is properly transferred to another state. Estate guardianships require a final accounting before the court will close the case. Whether you are a parent working to bring your child home or a guardian ready to wind down your duties, we handle guardianship termination and modification petitions throughout Clark County.

Why Families in Las Vegas Choose Cohen Fic & Squires

Guardianship sits at the intersection of family law, elder protection, and court-supervised finance, and it rewards a firm that does nothing but family law. Cohen Fic & Squires has practiced family law exclusively since 2003 and holds an AV Preeminent rating from Martindale-Hubbell, the highest peer rating for legal ability and ethics.

• Lesley Cohen, Esq. brings a distinguished public service and legislative background from her years in the Nevada State Assembly. Nevada substantially reformed its guardianship statutes over the past decade, adding stronger protections and oversight for protected persons, and Lesley’s firsthand experience with how Nevada laws are drafted and amended gives our clients a rare depth of insight into the modern statutory framework.
• Summer Squires, Esq. was nationally recognized by the National Academy of Family Law Attorneys as a Top 10 Under 40 family law attorney. Clients consistently describe her clear communication and personal attention, qualities that matter enormously when a family is navigating an emotional guardianship dispute.
• Holly Fic, Esq. is known for dedicated, client-focused advocacy, guiding families through high-stakes matters with empathy and clear explanations at every step.

Every client works directly with an attorney, not a case manager. We serve families throughout Las Vegas, Henderson, North Las Vegas, Summerlin, Boulder City, and all of Clark County, Nevada.

Guardianship FAQs

What is the difference between guardianship and custody in Nevada?

Custody divides parental rights between a child’s legal parents. Guardianship gives a non-parent, or in adult cases any suitable person, court-ordered authority to make decisions for a protected person. Guardianship does not permanently terminate parental rights, which is one reason parents often consent to it during a temporary hardship.

How long does it take to get guardianship in Nevada?

An uncontested guardianship in Clark County often takes roughly one to three months from filing to Letters of Guardianship, driven largely by how quickly all required relatives can be served. Contested cases take longer. In a true emergency, a temporary guardianship can be granted in days, sometimes the same day, with a follow-up hearing generally within about 10 days.

Do I need a lawyer to file for guardianship in Clark County?

You are allowed to represent yourself, and the Family Law Self-Help Center provides forms for self-represented litigants. That said, guardianship has strict service, evidence, and reporting requirements, and the court may appoint counsel for the proposed protected person, which can quickly make even a “simple” case adversarial. Most families find that an attorney prevents the delays, cancelled hearings, and compliance problems that commonly derail self-filed cases.

How much does a guardianship lawyer cost in Las Vegas?

Costs depend on whether the case is contested, whether an estate is involved, and how many relatives must be located and served. Because every situation is different, we offer a free initial consultation and provide a clear fee estimate before you commit. In some estate guardianships, attorney’s fees may be payable from the guardianship estate with court approval.

Can a guardianship be ended or challenged?

Yes. Parents can petition to terminate a minor guardianship by showing they can again provide proper care; adults can petition to end a guardianship by demonstrating restored capacity; and interested family members can seek removal of a guardian who is failing the protected person. Adverse guardianship rulings can also be appealed.

Who does the court prefer to appoint as guardian?

For minors, suitable parents are preferred over all others, followed generally by close family members. For adults, courts consider the protected person’s own previously expressed wishes, nominations in estate planning documents, and the suitability of family members before turning to private professional guardians or the Public Guardian.