At some point in his or her life, a person may be unable to oversee their personal affairs and/or finances. When this occurs, whether due to increasing age, disability, injury or any other cause, it may become necessary to seek the court appointment of a guardian or conservator for that person. A qualified Reno guardianship lawyer at Petroni Law Group is able to help you summarize the best plan tailored to you while minimizing any risks associated.
A guardian is a person, institution, or agency appointed by a court to manage the affairs of another individual. The guardian may be given the authority to manage personal and/or financial matters. Guardianship is utilized when a person can no longer make or communicate safe or sound decisions about his or her person and/or property or has become susceptible to fraud or undue influence. In some states, guardianship over an incapacitated adult or an adult with special needs is referred to as a conservatorship. The process and requirements are substantially the same.
Elder exploitation is the issue that leads to contested guardianships and has to do with fraudulent access to financial resources of the elderly person.
Guardianships over minor children are sometimes necessary if there is no parent able to care for the child’s best interests or finances.
If you are concerned about your loved one losing money to a relative or other third party or if you have been accused of compromised guardianship, let us provide the legal protection you need.
It may be necessary to petition a court to appoint a legal guardian for persons:
- Who have a physical or mental problem that prevents them from taking care of their own basic needs;
- Who as a result are in danger of substantial harm; and
- Who have no person already legally authorized to assume responsibility for them.
Under some circumstances, it may be necessary for a court to appoint an emergency guardian, who can act on your behalf during a crisis (such as immediately following a car accident) until you regain your ability to make your own decisions.
There are many types of guardianship actions. Reno guardianships lawyer, Gloria Petroni, can help you seek guardianship of a minor, a disabled adult child, an elderly person or a mentally ill person. Petroni has over 30 years of experience helping people in Nevada obtain all types of guardianships and conservatorships to care for loved ones who are not competent to care for themselves.
What is a guardianship or conservatorship?
A guardianship in Nevada, which is sometimes called a conservatorship, grants authority over money and assets. If someone is unable to manage his or her financial affairs and has not executed a power of attorney for finances, state law allows for the appointment of a Nevada guardian. The guardian is appointed by the court. If a loved one has become unable to make decisions regarding finances because of physical or mental illness, Attorney Gloria Petroni will help you draft the appropriate documents to ensure their financial interests are protected. Guardianship are also used to manage personal injury awards and inheritances received by children under the age of 18.
Rights that may be affected
A good guardian will take into account the wishes and desires of the ward when making decisions about residence, medical treatments, and end-of-life decisions. The courts will remove only those rights that the proposed ward is incapable of handling. When the courts appoint a guardian, the following rights of the ward may be removed. These rights may include the right to:
- Determine residence
- Consent to medical treatment
- Make end-of-life decisions
- Possess a driver’s license
- Manage, buy, or sell property
- Own or possess a firearm or weapon
- Contract or file lawsuits
Reno guardianships lawyer, Gloria Petroni’s, goal in guardianship and conservatorship matters is to provide a clear definition of roles in the care of an incapacitated loved one. It is unfortunate when parties have to go to court in order to resolve a dispute over who will make the important health care and financial decisions for a loved one in the event of an illness, injury or disability. However, should such necessity occur, Petroni and her team will be by your side.
Gloria Petroni’s extensive experience will help guide you through the guardianship process, which is often times stressful and complicated. As an experienced Reno family law attorney, Gloria handles guardianship cases in Reno as well as throughout the State of Nevada, and she has successfully represented petitioners, wards, guardians and conservators in all phases of the guardianship and conservatorship process. Contact her office today for an initial consultation.