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Possible legal issues in Nevada guardianships

A resident of the Las Vegas area may hope that with careful estate planning, including the drafting of a power of attorney, his or her financial and physical needs can be addressed by a loved one in the event that he or she is unable to do so without help, whether due to declining health or for some other reason.

Sometimes, however, a Nevada adult may be incapable of managing his or her own affairs and thus may require someone with legal authority to step in on their behalf. In this state, a loved one or other person could then petition a court for guardianship.

Guardianships are regulated under a detailed set of Nevada statutes which outline how one gets appointed to be a guardian and what the rights and responsibilities of a guardian are once he or she does get appointed.

While a probate attorney with experience in guardianships can answer specific questions about these laws, the basic principles of a guardianship are that they should only be used with needed, and that only a willing and trustworthy person who is close to the adult in need should serve as a guardian.

Whether deciding living arrangements for the person or managing the person's property, the guardian must also always act in the person's best interest and do what the guardian can to both protect the person and preserve the person's assets from loss, neglect or waste.

Most all legal issues surrounding guardianships come up when one of these basic principles gets violated. For instance, if a guardian mismanages a person' funds, even if doing so was not intentional, then probate litigation to remove the guardian from his or her position and get the lost money back may be necessary. In other cases, litigation may result if a person or other family members question the need for a guardian in the first place.

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