The Phone Call Nobody Expects — And Why a Guardianship Filing Changes Everything

The call came from the hospital on a Tuesday afternoon. Her mother had been admitted following a fall. The doctors needed a family member to authorize treatment, sign forms, and make decisions about ongoing care. The daughter was there within the hour — and hit a wall. 'Are you her legal guardian?' No. 'Do you have Power of Attorney?' No. 'Is there a healthcare directive on file?' No. She spent the next three hours watching helplessly as the hospital navigated around her. The experience made one thing clear: she needed legal authority she didn't have.

What Guardianship Is — and When It's Needed

Nevada Revised Statutes Chapter 159 governs guardianship of adults. For a guardianship to be granted, the court must find that the proposed ward qualifies as an 'incapacitated person' under NRS 159.019 — meaning they lack sufficient capacity to make or communicate responsible decisions about their welfare, health, or finances. Nevada Revised Statutes Chapter 159A governs guardianship of minors. Common triggers include the death of both parents, parental incapacitation, or termination of parental rights.

There are two types of guardianship authority: guardian of the person (decisions about care, living situation, and medical treatment) and guardian of the estate (decisions about finances, property, and legal affairs). A court can grant one, the other, or both.

How the Guardianship Process Works in Clark County

Guardianship petitions in Clark County are filed with the Eighth Judicial District Court at the Regional Justice Center. The process: 1) File a petition identifying the proposed ward and the basis for guardianship. 2) A background check is conducted on the proposed guardian. 3) Interested parties — family members and others with a legal interest — must be formally notified. 4) A court hearing is scheduled. 5) If granted, the court issues Letters of Guardianship giving the guardian legal authority to act.

The process takes time — typically weeks to months depending on complexity and whether any objections are filed. Starting early is critical.

One Thing to Know Before You File

Guardianship is not the only tool. If the proposed ward still has legal capacity to sign documents, a Durable Power of Attorney and Advance Healthcare Directive can often accomplish the same goals without going to court. These documents can be prepared and executed quickly while the window is still open. Once a person no longer has capacity to sign, that window closes. At that point, guardianship through the courts is the only path forward.

Signature on Demand prepares guardianship petitions and supporting documents for Clark County filings. We start with a remote intake, prepare the documents to Nevada's court requirements, and send them to you for review before scheduling. We also prepare Powers of Attorney and Advance Healthcare Directives for clients who want to plan ahead while they still can. Appointments available 7 days a week throughout Clark County, including evenings.

📞 Don't wait for the phone call. Call or text 725-243-5188 or schedule at signatureondemand.net. We serve clients throughout Clark County, 7 days a week.

Signature on Demand is a licensed document preparation service. Nevada Document Preparer License #NVDP20239116529. We are not attorneys and do not provide legal advice. For legal counsel, please consult a licensed Nevada attorney.