When a loved one loses the ability to make decisions for themselves due to Alzheimer's, dementia, a traumatic brain injury, or another condition, families often find themselves in unfamiliar legal territory. If no incapacity planning documents are in place, the only path forward may be court-supervised guardianship or conservatorship.
Guardianship gives a court-appointed person legal authority over another person's personal decisions where they live, what medical care they receive, and how their daily needs are met.
Conservatorship gives a court-appointed person authority over another person's financial affairs, managing assets, paying bills, and making financial decisions on their behalf.
In many cases, the same person serves as both guardian and conservator. They are separate legal appointments, and the court treats them separately.
These are typically sought when an adult becomes incapacitated and has no valid power of attorney or advance directive in place — a parent with advanced Alzheimer's who never completed an estate plan, an adult who suffers a stroke without documents in place, or an adult with a developmental disability who reaches age 18 without a supported decision-making plan.
Establishing guardianship or conservatorship in Nevada requires filing a petition with the district court, providing medical evidence of incapacity, notifying the proposed protected person and family members, and attending a court hearing. A court investigator may be assigned. The process can take several months, involves ongoing court oversight and reporting requirements, and can be emotionally and financially draining.
With a durable power of attorney, healthcare directive, and revocable living trust in place, your family will almost never need to go to court. Your agent manages finances immediately. Your healthcare proxy communicates with doctors. Your successor trustee manages trust assets seamlessly and all privately, quickly, and without court involvement.
If a loved one has already lost capacity and you're facing a guardianship or conservatorship proceeding, we can help. Our team has experience navigating these proceedings in Washoe County District Court and works to make the process as smooth and efficient as possible.
Anderson, Dorn & Rader, Ltd. serves individuals and families throughout Reno and Northern Nevada. You can call (775) 823 9455 or contact the firm online to learn more.
