At some point in his or her life, an individual may be unable to properly oversee their personal affairs and/or finances. This can occur for a number of reasons including increasing age, disability, injury or other changes. 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 determine and execute the best plan tailored to your specific situation while minimizing any risks associated.
A guardian is a person, institution, or agency appointed by a court to manage the affairs of another. A guardian may be given the authority to manage personal and/or financial matters on behalf of someone else. Legally speaking, guardianship is utilized when a person can no longer make or communicate safe or sound decisions regarding 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. Regardless of the applied term, the process and requirements are substantially the same.
Elder exploitation sadly happens. When this occurs, it can lead to contested guardianships and has to do with fraudulent access to financial resources of the elderly person.
Guardianships can also apply to minor children. They are sometimes necessary if there is no parent able to care for the child’s best interests or finances.
If you have concerns about a 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 vital in this situation.
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.
Under some circumstances, it may be necessary for a court to appoint an emergency guardian, who can act on behalf of another during a crisis (such as immediately following an injury) until they regain the ability to make their own decisions.
In the State of Nevada there are many types of guardianship actions. Reno guardianships lawyer, Gloria Petroni, can help seek guardianship of a minor, a disabled adult child, an elderly person or a mentally ill person. Petroni has more than 30 years of experience helping people in Nevada work through 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, sometimes referred to as a conservatorship, grants authority over money and assets to another. If someone is unable to manage his or her financial affairs and has not executed a power of attorney for finances prior to being legally unable to do so, state law allows for the appointment of a guardian. A guardian is appointed by the court. If a loved one has become unable to make decisions regarding finances because of physical or mental illness or other factor, 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
An effective guardian will take into account the wishes and desires of the person they are appointed to protect 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 and will leave others in place. When the courts appoint a guardian, the following rights of the ward can be removed either temporarily or permanently. 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
The goal of Petroni Law Group in guardianship and conservatorship matters is to provide a clear definition of roles in the care of an incapacitated person. Unfortunately there are cases 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 and ensure the best possible result.
Gloria Petroni’s extensive experience will help guide you through the guardianship process, which often times, can be stressful and complicated. As an experienced Reno family law attorney, Gloria regularly handles guardianship cases in northern Nevada 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.