Incapacity is defined as a person who is permanently or temporarily impaired by mental and/or physical deficiency, disability, illness, or by the use of drugs to the extent he or she lacks sufficient understanding to make rational decisions or engage in responsible actions. “Incapacity” and “incompetency” are terms often used interchangeably. The Nevada Revised Statutes define an “incapacitated person” in the context of wills and estates as a person who is impaired by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
An incapacitated person is in essence a person that lacks the mental capacity to care for him or herself, and requires assistance with decision making and normal day to day activities. An incapacitated person may have a guardian legally appointed by the court to become the legal decision maker for the incapacitated person (ward). The guardian can be authorized to make legal, financial, and health care decisions for the ward. A guardian can only be appointed and approved by a Nevada court.
Without a Durable Power of Attorney, it may be necessary to petition a court to be appointed guardian or conservator in order to make decisions for the person who is incapacitated.
Due to the complex nature on guardianship’s of incapacitated adults, it is strongly recommended that you consult with a Nevada attorney for legal advice. Our attorneys routinely work with individuals and families across the state of Nevada. For more information please call our office at 702-798-4955