Guardianship of a Child or Adult in Nevada

A proposed protected minor, a government agency, a nonprofit, or any interested person may petition the court to appoint a guardian of a minor. Parents are presumed suitable to care for their child unless a parent cannot meet the child's basic needs, poses a significant safety risk, or has not had care and custody of the child for the 6 months before the petition. The petitioner must prove by clear and convincing evidence that a guardian is necessary and in the child's best interest, considering the child's wishes, any safety risk from the parent, the parent-child relationship, time out of the parent's care, the parent's ability to meet the child's needs, and any guardian ad litem recommendation.

A petition must include a needs assessment of the proposed protected person, and the statutes provide for appointing an attorney for that person. The petitioner must prove by clear and convincing evidence that a guardianship is necessary. If the person is not incapacitated and does not need a guardian, the court dismisses the petition; if the person has limited capacity, the court may appoint a special guardian with specified powers; otherwise it may appoint a general guardian of the person, estate, or both. Temporary guardians are available for substantial and immediate risk of physical harm or financial loss.