A typical scenario
Five years ago John was diagnosed with moderate to advanced dementia. His doctor concluded that it was no longer safe for him to reside at his home by himself and that he could not manage his finances or health decisions without assistance. John’s two children petitioned the San Bernardino, California Superior Court for their appointment as their father’s conservator. The court eventually approved the conservatorship and appointed the daughters to serve as the Conservator of their father as well as a care plan which involved John living in the guest bedroom of one of his daughters who resided in California.
Approximately four years later, the daughter residing in California returned to work and the children discussed with their father the possibility of relocating him to live with his other daughter in Las Vegas. John had visited his daughter in Las Vegas on many occasions and she had room for her father and was staying at home while she was raising her own daughter.
What comes next?
This scenario is very common and involves the transfer of guardianship from one state to another. In order to transfer jurisdiction of guardianship or conservatorship to Nevada, several steps must be taken. The guardian, conservator or other interested party must petition the Nevada court to accept guardianship. However, the first step is that the California court must issue a provisional order indicating the conservator has permission to relocate the protected person to Nevada and to proceed with the transfer of guardianship.
The Nevada petition
Once the provisional order is issued by the California court, a petition will be filed in Nevada. The petition must include a certified copy of the other state’s provisional order of transfer and proof that the protected person is physically present in, or is reasonably expected to move permanently to this State.
Approval or denial of the Nevada petition
The Nevada court will issue a provisional order granting the petition unless an objection is made and the objector establishes the transfer of the proceeding would be contrary to the interest of the protected person. A petition may also be denied if it is established that the guardian or petitioner is not qualified for appointment in this state.
Qualifications of a Nevada guardian
A person is not qualified to be appointed as guardian for the protected person if he or she is under the age of 18 or has been suspended for misconduct or disbarred from the proof any profession. In addition, the court may consider whether the proposed guardian has engaged in the habitual use of alcohol or any controlled substance during the previous six months, whether the person has been judicially determined to have committed abuse, neglect, exploitation or isolation or abandonment, whether the person is incapacitated or has a disability and whether the person has been convicted in Nevada or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian.
Back to the transferring jurisdiction
Once the Nevada court issues the provisional order accepting guardianship, you will still need to return to the transferring jurisdiction and request a final order. That order will approve the transfer as well as terminate the guardianship, subject to the guardian or conservator or filing a final account for court approval.
Final Order in Nevada
Once the court in the transferring jurisdiction issues a final order terminating the proceedings in that state and approving the transfer of the proceedings to Nevada, the Nevada court will issue a final order granting guardianship. Not later than 90 days after the issuance of the final order accepting transfer of a guardianship or conservatorship, the Nevada court will determine whether the guardianship needs to be modified to conform to the laws of the state.
If you are interested in retaining our services to assist you with your transfer of guardianship to Nevada, please do not hesitate to contact us.
For more than 30 years, Attorney Lee A. Drizin has practiced in the areas of estate planning, probate, trusts, guardianship and real estate matters representing clients throughout the state of Nevada.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.