Las Vegas Guardianship Lawyers for Minors and Adults

Written by Jennifer Setters, J.D., Managing Attorney, Gastelum Attorneys · Nevada Bar No. 13126 · Last updated: September 2026

What a Nevada Guardianship Is (and Is Not)

A guardianship is a court-supervised relationship. The court appoints a guardian, defines that guardian’s authority, and then keeps watching: the guardian reports back to the court, and the court can modify or end the arrangement. Nevada uses the term “protected person” for an adult under guardianship and “protected minor” for a child; you will still hear “ward” in conversation, but the statutes retired it.

Nevada recognizes guardianship over the person, over the estate, or over both:

Guardianship is not custody, and it is not adoption. Custody is decided between parents in a divorce or custody case under NRS Chapter 125C. Adoption permanently creates a new parent-child relationship. Guardianship sits between them: it gives a non-parent (or, for an adult, a family member) legal authority without permanently changing who the parents are. Our child custody lawyers and adoption attorneys handle the neighboring cases when a family’s situation calls for one of those instead.

Guardianship of a Minor in Nevada

Guardianship of a child is governed by NRS Chapter 159A. It is the tool families use when a parent cannot care for a child because of incarceration, deployment, hospitalization, addiction, abandonment, death, or a move that leaves the child living with a relative. Without an order, the relative caring for the child often cannot enroll them in school, consent to medical treatment, or access benefits on the child’s behalf.

Parents are presumed suitable. Under NRS 159A.061, a parent is presumed suitable to care for the child unless the parent cannot meet the child’s basic needs (food, shelter, clothing, medical care, education), poses a significant safety risk of physical or emotional danger, or has not had the care, custody, and control of the child for the six months before the petition. That six-month rule matters in practice: if the child has been living with a grandparent or other non-parent for six months, the burden shifts and the parent must prove that the basic-needs and safety problems do not apply.

The standard is clear and convincing evidence, plus best interests. NRS 159A.055 requires the petitioner to prove that the guardianship is both necessary and in the child’s best interests, and it lists what the judge weighs: the child’s wishes, whether a parent poses a safety risk, the nature and quality of the parent-child relationship, how long the child has been out of a parent’s care, the parent’s ability to meet the child’s needs, and any recommendation from a guardian ad litem. The order must state the findings of fact it rests on.

Children 14 and older have a voice. A minor who is 14 or older must be served with the petition, and under NRS 159A.061(6) the court may not appoint a guardian without that minor’s consent unless the petitioner proves by clear and convincing evidence that the appointment is necessary anyway.

Parents keep visitation. NRS 159A.0565 lets the court award visitation between the child and parents, relatives, or “fictive kin,” and any order that limits a parent’s visitation must state specific findings explaining why the limit protects the child. The guardian’s own duties under NRS 159A.079 include facilitating appropriate contact with each parent.

A guardianship of a minor normally ends when the child turns 18, though NRS 159A.191 allows a guardianship of the person to continue to age 19 in defined circumstances, and a parent can petition to terminate it earlier under NRS 159A.1915. If a child will need protection past 18 because of a disability, the family should plan an adult guardianship under Chapter 159 before the birthday, since the two are separate cases.

Guardianship of an Adult in Nevada

Adult guardianship is governed by NRS Chapter 159. An adult is “incapacitated” under NRS 159.019 when, for reasons other than age, they cannot receive and evaluate information or make or communicate decisions well enough to meet essential requirements for physical health, safety, or self-care without help. The common causes we see are dementia and other cognitive decline, stroke and traumatic brain injury, severe untreated mental illness, developmental disabilities reaching adulthood, and financial exploitation of an elderly relative.

Because a guardianship removes rights from an adult, Nevada builds in protections at every stage:

• Medical proof is mandatory. The petition must include a certificate from a licensed physician (or another qualified person the court accepts) addressing the need for a guardian, whether the person is a danger to self or others, and whether they can live independently (NRS 159.044(2)(i)). Before the court can make its finding, the petitioner must also file a physician’s assessment of the person’s needs that identifies the limits on their capacity and states whether less restrictive alternatives would be enough (NRS 159.044(3)).
• The proposed protected person gets a lawyer. Under NRS 159.0485 the court appoints an attorney for the proposed protected person unless they already have one of their own.
• They attend the hearing. NRS 159.0535 requires the proposed protected person to attend (in person, or by video if a physician certifies they cannot come) unless counsel waives it.
• The burden is clear and convincing evidence that the appointment is necessary (NRS 159.055).
• Limited capacity gets a limited order. If the person can make some decisions but not others, the court appoints a “special guardian” with only the powers the person actually needs (NRS 159.022, 159.054).
• Rights survive the order. A protected person keeps the right to vote unless the court specifically finds by clear and convincing evidence that they cannot communicate a desire to participate (NRS 159.0594), and a guardian may not restrict visits, calls, or contact with relatives and close friends without a court order (NRS 159.332). Nevada’s Protected Persons’ Bill of Rights (NRS 159.327 to 159.329) spells out the rest.

Who Can Serve as a Guardian in Nevada

The court’s job is to appoint “the qualified person who is most suitable and is willing to serve.” For adults, NRS 159.0613 gives first preference to a person the protected person nominated in a will, trust, or nomination form while they still had capacity, then to relatives in a stated order (spouse or domestic partner, child, parent, a relative the person lived with for six months or holds a power of attorney from, a relative acting as agent, sibling, grandparent or grandchild, then other relatives). A parent can also nominate a guardian for a child by will or by the notarized nomination form created in 2025 under NRS 159A.0753.

What the court weighs. For both adults and minors the court considers whether the proposed guardian can meet the person’s basic needs, habitual use of alcohol or a controlled substance in the past six months, any judicial finding of abuse, neglect, exploitation, isolation, or abandonment, a felony conviction, and, for a minor, convictions involving domestic violence or crimes of moral turpitude and any acts of domestic violence (NRS 159.0613(2), NRS 159A.061(4)). These are factors the judge weighs, not automatic disqualifiers; a felony conviction, for example, bars appointment only if the court decides it should.

What actually disqualifies. A person suspended or disbarred from the practice of law, accounting, or another licensed profession that involves managing money, securities, or real property cannot be appointed while the suspension or disbarment lasts (NRS 159.0613(8)). A court also may not refuse to appoint someone solely because they are deaf, blind, or have another physical disability, or because they hold a medical cannabis registry card (NRS 159A.061(12)).

When no suitable family member exists, the court can appoint the Clark County Public Guardian, a bonded private fiduciary, or a licensed private professional guardian (NRS 159.0613(7)). Nonresident relatives can be appointed for an adult if they are the more suitable choice and designate a registered agent in Nevada (NRS 159.0613(5) and (6)).

How to Get Guardianship in Clark County

Guardianship cases for Clark County residents are filed in the Family Division of the Eighth Judicial District Court. The steps below apply to both minor and adult cases; the documents and deadlines differ, which is where most self-filed petitions run into trouble.

1. Prepare and file the petition. The petition identifies the proposed protected person and the proposed guardian, discloses the proposed guardian’s felony history and any child-welfare findings, describes the person’s property if a guardian of the estate is sought, and explains why a guardian is needed. An adult petition must attach the physician’s certificate and, before the hearing, the needs assessment described above (NRS 159.044). A minor petition must state whether a custody order exists and whether the child will need guardianship past 18 (NRS 159A.044).
2. Serve the citation on everyone entitled to notice. The clerk issues a citation setting the hearing. It must be served on the proposed protected person (a child if 14 or older), all known relatives 14 or older within the second degree (parents, grandparents, siblings, children, grandchildren), the parents and any custodian, anyone caring for the person, and the proposed guardian if different from the petitioner (NRS 159.047, 159A.047). Personal service must be at least 10 days before the hearing; certified mail at least 20 days (NRS 159.0475, 159A.0475). Defective notice is a common reason a hearing gets continued.
3. Court-appointed attorney, investigator, or guardian ad litem. In an adult case the court appoints counsel for the proposed protected person. In either case the court may appoint an investigator to evaluate the proposed guardian’s ability to meet the person’s needs and to look into any competing claims, and may appoint a guardian ad litem to report on best interests (NRS 159.046, 159.0455, 159A.045, 159A.0455).
4. Attend the hearing. The judge hears from the petitioner, the proposed protected person, counsel, and anyone who objects. If the petition is contested, the court can set an evidentiary hearing or trial. The court must find the guardianship necessary by clear and convincing evidence, and for a child, in the child’s best interests.
5. Bond, oath, and Letters of Guardianship. Before taking office the guardian files a bond in the amount the court sets (waived when the protected person has no assets, or replaced by a blocked account), takes the oath, and signs a verified acknowledgment of duties. The court then issues Letters of Guardianship, the document banks, schools, and hospitals will ask to see (NRS 159.065, 159.073, 159.075; NRS 159A.065, 159A.073, 159A.075).

How long does this take? The statutory notice periods alone put the first hearing several weeks out from filing. An uncontested guardianship where every relative signs a waiver can move faster; a contested case with an investigation, competing petitions, or a capacity dispute runs months. We give clients a realistic estimate once we know who will object.

Temporary and Emergency Guardianship in Nevada

When someone faces an immediate risk, Nevada allows a temporary guardian to be appointed before the full case is heard. The timelines are fixed by statute and are shorter than most families expect.

Adults. Under NRS 159.0523 (risk of physical harm or need for immediate medical care) and NRS 159.0525 (risk of financial loss), the petitioner files under oath with a physician’s certificate, agency letter, or police report and shows either that they tried in good faith to notify relatives or that notice would itself expose the person to harm. The court may appoint a temporary guardian for 10 days on a finding of reasonable cause. A hearing must be held within those 10 days; to extend, the court must find the risk by clear and convincing evidence, and extensions come in up to two 60-day periods, with a five-month cap absent extraordinary circumstances. The temporary guardian’s powers are limited to responding to the risk, and in a financial case the court can freeze accounts.

Minors. NRS 159A.053 allows a temporary guardian of the person, estate, or both when the child would face immediate risk of physical, emotional, educational, or financial harm. An ex parte request (one made before a hearing) must be supported by an affidavit explaining the emergency; the same 10-day appointment, 10-day hearing, and 60-day extension structure applies. Temporary guardianship is presumed to be in a child’s best interests when no parent has had care and custody of the child for the preceding six months, or when a parent has been separated from the child by a federal immigration order. NRS 159A.052 covers the narrower case of a child who needs immediate medical attention.

Our attorneys file temporary petitions on short notice. If a child is in an unsafe home, an elderly relative’s accounts are being drained, or a medical decision cannot wait, the emergency filing is the first step and the general petition follows.

What a Guardian Must Do After Appointment

Being appointed is the beginning of the court’s supervision, not the end of it. The verified acknowledgment every guardian signs summarizes the duties: act in the protected person’s best interests, provide care and safe housing, keep the protected person’s assets separate and use them only for the protected person, and keep accurate records (NRS 159.073, 159A.073). In practice that means:

• Annual reports. A guardian of the person files a report on the protected person’s condition and living situation each year (NRS 159.081, 159A.081), and a guardian of the estate files an inventory and annual accountings with receipts for expenditures (NRS 159.085, 159.177, 159.179; NRS 159A.085, 159A.177, 159A.179).
• Court approval for major acts. Selling real property, changing beneficiary designations, creating trusts, borrowing, and many investments require a petition and order first (NRS 159.113 and following; NRS 159A.078, 159A.113).
• Notice before moving the protected person. A guardian must file and serve notice of intent to change the protected person’s residence, with limited exceptions for emergencies (NRS 159.0807, 159A.0807).
• Court approval for certain medical decisions. Consent to experimental treatment or sterilization requires a court order (NRS 159.0805, 159.0806, 159A.0805).
• Training when ordered. The court may require the guardian to complete a guardianship course (NRS 159.0592, 159A.059).

Missed reports, commingled funds, or unauthorized transactions can lead to removal, surcharge, or sanctions under NRS 159.185 and 159.345. We help guardians set up the records and calendar from day one so the annual filings are routine rather than a crisis.

Alternatives to Guardianship

For adults, Nevada law now requires the court to consider alternatives before it appoints a guardian, and the 2025 Legislature defined the term. Under NRS 159.0215, “less restrictive alternatives to guardianship” include a durable power of attorney for financial matters, a durable power of attorney for health care, and a supported decision-making agreement. The petition must attest that information about these alternatives was given to the proposed protected person, and the physician’s needs assessment must state whether they would be sufficient (NRS 159.044(2)(t) and (3)).

If your loved one still has capacity, putting powers of attorney in place now is the single most effective way to avoid a guardianship later. If capacity is already lost and no documents exist, guardianship is usually the only path, and we can evaluate whether a special guardianship will meet the need with fewer restrictions.

Contesting or Defending Against a Guardianship

Not every petition should be granted, and not every proposed guardian is the right one. Guardianship disputes in Clark County typically take one of three forms:

• The proposed protected person objects. An adult has the right to appear, oppose the petition, and be represented by counsel (NRS 159.048). Because the burden is clear and convincing evidence and a needs assessment is required, a petition built on family suspicion rather than medical evidence can be defeated. A child 14 or older can withhold consent, which raises the petitioner’s burden (NRS 159A.061(6) and (7)).
• Competing petitions. Two relatives each ask to be guardian. The court applies the statutory preferences and suitability factors, may appoint a special master or judicial officer to hold a hearing on who is most suitable (NRS 159.0615, 159A.0615), and can appoint co-guardians. In a minor case, any finding that a parent is unsuitable must be made by clear and convincing evidence after an evidentiary hearing (NRS 159A.061(10)).
• A parent wants the guardianship ended. A parent can petition to terminate a minor guardianship under NRS 159A.1915; the court decides based on the child’s best interests, not simply on the parent’s request. For adults, NRS 159.1905 governs petitions to terminate or modify, including when the protected person has regained capacity.

The court can sanction a petitioner who files a meritless or harassing petition as a vexatious litigant (NRS 159.0486, 159A.0486), and a guardian who abuses the role can be removed (NRS 159.185, 159A.185). We represent petitioners, objecting family members, and proposed protected persons in these contested proceedings.

How Much Does Guardianship Cost in Las Vegas?

The cost of a Nevada guardianship depends on whether it is contested, whether it covers the person, the estate, or both, and whether emergency relief is needed first.

Start with the court’s own numbers. As of September 2026, the Eighth Judicial District Court’s guardianship filing page lists no filing fee for a guardianship over the person only, no fee for a guardianship over the estate when the protected person’s assets are $2,500 or less, and a $5 fee when assets exceed $2,500, plus a small e-filing upload charge. The court fee is not what makes guardianship expensive. The cost drivers are:

• Attorney fees, which scale with the number of hearings, whether an evidentiary hearing is needed, and the amount of estate administration.
• Physician certificate and needs assessment for an adult petition.
• Investigator, guardian ad litem, or court-appointed counsel fees, which the court can order paid from the protected person’s estate, or from a person who unnecessarily caused the appointment (NRS 159.046, 159.0485, 159A.045, 159A.0455).
• Bond premiums when the protected person has assets and the court requires a bond instead of a blocked account.

An uncontested guardianship with cooperative relatives and no estate to administer is at the low end; a contested adult guardianship with an investigator, appointed counsel, an evidentiary hearing, and ongoing accountings is at the high end. In an adult case, attorney’s fees for the guardianship proceeding can be paid from the protected person’s estate only with court approval under the procedure in NRS 159.344. We quote fees after the first consultation once we know which of those two cases yours is, and payment plans are available.

Frequently Asked Questions About Guardianship in Nevada

What is the difference between guardianship and custody in Nevada?

Custody is decided between a child’s parents under NRS Chapter 125C and allocates parenting time and decision-making between them. Guardianship of a minor under NRS Chapter 159A gives a non-parent legal authority over a child when the parents cannot provide care. Guardianship does not terminate parental rights, and parents ordinarily keep visitation and can petition to end the guardianship.

How long does it take to get guardianship in Nevada?

The citation must be served at least 10 days (personal service) or 20 days (certified mail) before the hearing, so even an uncontested case takes several weeks from filing to order. Contested cases with investigations or evidentiary hearings take months. A temporary guardian can be appointed within days when there is an immediate risk, but that appointment lasts 10 days and must be extended at a hearing.

Can a grandparent get guardianship of a grandchild in Nevada?

Yes. Grandparents and other relatives frequently petition for guardianship of a child. If the child has lived with the grandparent for the six months before filing, the parent loses the presumption of suitability and must prove they can meet the child’s basic needs and pose no safety risk (NRS 159A.061(3)). The court still decides based on the child’s best interests, and the grandparent must be a suitable guardian under the same factors that apply to anyone else.

Does a guardianship of a child end the parents’ rights?

No. Guardianship suspends the parents’ day-to-day authority while the guardian acts, but it does not terminate parental rights. Parents remain entitled to notice of every hearing, generally keep visitation unless the court makes specific findings otherwise, and a parent can petition to terminate the guardianship under NRS 159A.1915. Only an adoption or a separate termination proceeding ends parental rights.

What disqualifies you from being a guardian in Nevada?

The one automatic disqualification is being suspended or disbarred from law, accounting, or another licensed profession that involves managing money or property, for the length of the suspension (NRS 159.0613(8)). Felony convictions, recent habitual substance use, and findings of abuse or neglect are factors the court weighs and can be overcome in some cases, but they weigh heavily. A physical disability or a medical cannabis card cannot be the sole reason to reject a guardian.

Can a guardianship be reversed or terminated?

Yes. A minor guardianship ends when the child turns 18 (or 19 in limited school-related circumstances), and a parent or other interested person can petition to terminate it earlier. An adult guardianship can be terminated or modified when the protected person regains capacity or the guardianship is no longer needed, on a petition under NRS 159.1905, and ends on the protected person’s death with a final accounting.

Do I need a lawyer for guardianship in Nevada?

Nevada does not require one. Free self-help resources and classes exist through the Family Law Self-Help Center. That said, common problems in self-filed petitions include notice defects, missing physician documentation, and unsupported allegations, and contested cases involve evidentiary hearings against relatives who often do have counsel. An attorney also keeps the annual reporting on track after appointment, where guardians commonly run into trouble with the court.

Who pays for an adult guardianship in Nevada?

When the protected person has assets, the costs of the proceeding, including court-appointed counsel, investigator, and guardian ad litem fees, are generally paid from the protected person’s estate with court approval. If the protected person has no assets, the petitioner typically bears the costs, and the court can order a person who unnecessarily caused an appointment or investigation to pay those expenses.

Can I get guardianship of an adult with a disability who is turning 18?

Yes, but it is a new case under NRS Chapter 159, separate from any guardianship of the minor. Because adult guardianship requires a physician’s needs assessment addressing less restrictive alternatives, families should start several months before the 18th birthday and consider whether a special (limited) guardianship or a supported decision-making agreement fits the young adult’s actual abilities.

Official resources

• NRS Chapter 159, Guardianship of Adults
• NRS Chapter 159A, Guardianship of Minors
• Eighth Judicial District Court, Guardianship Compliance Division
• Family Law Self-Help Center, Guardianship (Clark County)

New Beginnings, Brighter Tomorrows

This page is general legal information about Nevada guardianship law, not legal advice about your situation. Statutes cited reflect Nevada law as of the date above. Guardianship outcomes depend on the specific facts, evidence, and the court’s findings in each case; speak with a Nevada-licensed attorney about your circumstances.