In Nevada, the court first decides on whether or not a guardianship should be granted. The process starts with the filing of a petition requesting the guardian be appointed. Most importantly, a physician will also need to provide an evaluation indicating that the person is incapacitated and guardianship is appropriate.
Proactive Planning Can Help Prevent the Need for a Guardianship.
A Durable Power of Attorney can eliminate the need for a costly guardianship. The durable power of attorney is a document in which the principal grants authority to an agent to act on his or her behalf. The authority can become effective immediately or upon incapacity of the principal (known as a “springing power”). Durable powers of attorney are easy to complete and inexpensive. While a Durable Power of Attorney for Health Care Decisions is an important part of your estate plan, a Durable Power of Attorney for Financial Decisions is an additional document that should always be considered as well.