About Jennifer L. Silverman
Jennifer L. Silverman is a Las Vegas attorney with Nevada State Bar number 9305, concentrating her practice on guardianship, conservatorship, and related family protective proceedings in Nevada courts. Her practice guides families through the Nevada guardianship process — from emergency orders to full guardianship of the person and estate — in Clark County District Court.
Practice Overview: Guardianship in Nevada
Nevada guardianship (NRS Chapter 159) allows a court to appoint a person (guardian) to make personal and/or financial decisions for an incapacitated adult or minor who cannot manage their own affairs. In Clark County, guardianship cases are filed in the Eighth Judicial District Court. Nevada also has a conservatorship process for managing a protected person's financial estate. Guardianship petitions require a hearing, medical evidence of incapacity, and appointment of a court visitor. Nevada's Elder Law Section of the State Bar can provide referrals to experienced guardianship attorneys.
Frequently Asked Questions
What is the difference between guardianship and conservatorship in Nevada?
Under NRS 159, a guardian of the person makes decisions about an incapacitated person's healthcare, residence, and daily life. A guardian of the estate (sometimes called a conservator) manages the person's finances and property. Nevada courts can appoint a guardian of the person only, the estate only, or both — depending on the protected person's needs. Courts prefer limited guardianship (over full guardianship) when feasible to preserve the protected person's autonomy.
How do I establish guardianship of an adult in Nevada?
File a verified petition in Clark County District Court (NRS 159.044) stating the proposed protected person's incapacity and your qualifications as guardian. The court appoints an attorney for the proposed protected person and a court visitor to investigate. After a hearing with clear and convincing evidence of incapacity, the court issues letters of guardianship. The process typically takes 60–90 days for an uncontested adult guardianship. An attorney can guide you through the paperwork and hearing.
Can a guardianship be reversed in Nevada?
Yes. Under NRS 159.191, a protected person or any interested party can petition the court to modify or terminate a guardianship if the grounds for guardianship no longer exist — for example, if the person has regained capacity. The court can also modify a guardianship to make it more limited if full guardianship is no longer necessary. Annual accountings and status reviews ensure the guardianship remains appropriate over time.
What is an emergency guardianship in Nevada?
Under NRS 159.0535, Nevada courts can appoint an emergency (temporary) guardian without the normal notice requirements when an incapacitated person faces an imminent threat to their health, safety, or welfare. An emergency guardianship lasts only as long as the emergency (typically 10 days, extendable to 60 days). It is then replaced with a permanent guardianship after proper notice and hearing. An attorney can file for an emergency guardianship on an expedited basis.
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