Las Vegas Contested Guardianship Lawyers
When a legal dispute erupts regarding the care of a loved one, the emotional and financial stakes are high. Ward rights protection should be a top priority during these difficult times. It is important to find a contested guardianship attorney who is familiar with Nevada guardianship laws and can explain your options and protect your family’s best interests.
We have been providing creative legal solutions and a personal approach to families in Las Vegas and the surrounding Nevada communities since 1996. Goldsmith & Guymon P.C., is a boutique firm where “boutique” actually means something. Our experienced litigators provide creative legal strategies, ongoing communication and customized solutions.
Understanding Guardianship Disputes In Nevada
A guardianship gives one person legal authority over another. However, disagreements can easily arise when it comes to who should serve or how they manage their duties. These conflicts often require intervention from a lawyer who has experience with guardianship litigation and estate administration conflicts.
Common disputes include:
- Competing petitions: Two or more family members may both seek to become the legal guardian.
- Lack of capacity: You may need to challenge whether the individual actually requires a guardian at all.
- Breach of fiduciary duty: A guardian might fail to provide proper care or mismanage the ward’s finances.
- Removal of guardian proceedings: Family members often seek to replace a guardian who is not acting in the ward’s best interest.
- Court-appointed guardian challenges: You may disagree with a professional guardian chosen by the state rather than a family member.
Our team utilizes decades of experience to advocate for the safety and dignity of your loved ones. Our goal is to make sure your voice is heard throughout the litigation process.
Navigating The Contested Guardianship Process In Clark County
A contested guardianship case can take several different paths. The steps will depend on what the parties disagree about and what the court needs to decide. In Clark County, these cases go through the Eighth Judicial District Court. The process may include:
- Filing an objection or competing petition: A family member may object to a guardianship petition. They may also file their own petition and ask the court to appoint a different guardian.
- Compliance review: The Guardianship Compliance Division reviews required reports and accountings. It may also bring concerns about a guardianship to the court.
- Discovery and evidence: The parties may collect records and other evidence to support their positions. This may include depositions, medical records, financial records and medical evaluations.
- Evidentiary hearings: The court may hold hearings to hear testimony and review other evidence. The judge uses this information to address the issues in dispute.
- Court decision: The judge decides whether the person needs a guardian and who should serve. The court may also decide whether to change an existing guardianship.
Every guardianship dispute is different. An attorney can help you understand what to expect and protect your loved one’s interests throughout the case.
Adult Versus Minor Guardianship Disputes In Nevada
Goldsmith & Guymon P.C. handles both adult guardianship disputes and minor guardianship disputes. While both types of cases concern care and protection, they involve different legal rules and issues.
Adult guardianships are governed by NRS Chapter 159. These cases may involve questions about a person’s capacity, personal care or finances. The court may also consider whether another option could provide the help the person needs without a guardianship.
On the other hand, minor guardianships are governed by NRS Chapter 159A. These disputes may involve competing guardians, parental rights or the necessity of a guardianship. The child’s best interests may also be an important part of the court’s decision. Our attorneys can help you understand the issues in your case and protect your position throughout the process.
How Can A Guardianship Attorney Assist With Resolving A Dispute?
A Las Vegas guardianship dispute lawyer helps you gather evidence, such as medical records or financial statements, to support your case. We prioritize guardianship dispute resolution through mediation whenever possible to save your family time, stress and attempt to preserve family relationships. If your case goes to trial, we provide a robust defense of your position.
What Is The Burden Of Proof Necessary To Declare A Person Incapacitated In Nevada?
In an adult guardianship case, the petitioner must prove the need for a guardianship using convincing and clear evidence. The court must find strong evidence that the person cannot meet essential needs without help. Courts may consider:
- Incapacity by legal definition: The evidence must show that the person cannot receive and understand information or make and communicate decisions as needed to meet basic needs for self-care, safety or health.
- Medical evidence: A licensed physician must assess the person’s condition. The assessment must explain the person’s limitations and how they affect daily needs and safety.
- No less restrictive alternatives: The court must consider whether another option could provide enough support. These options may include a power of attorney or a supported decision-making agreement.
Because the standard is high, the evidence presented to the court matters. Our attorneys can review the facts of your case and help you present evidence that supports your position.
Talk To A Nevada Guardianship Disputes Lawyer
Our attorneys help you resolve complex disputes over guardianships, wills and trusts. Whether you need a contested guardianship attorney to file a petition or defend against one, we are here for you. Call us at 702-873-9500 or send us a message through our website to schedule your appointment.