
Nevada Guardianship and Conservatorship Planning
Plan ahead in Nevada so a court guardianship is not needed, and learn how adult guardianship of the person and estate works under NRS Chapter 159 if one is.
The best Nevada guardianship plan is usually the one that makes a guardianship unnecessary. While you have capacity, you can sign a durable power of attorney for your money and property and a durable power of attorney for health care for your medical decisions, and those two documents let a person you chose act for you without a court case. If no one has that authority and you can no longer make decisions, a family member, an agency, or any interested person may have to ask a court to appoint a guardian. This page explains both paths. (See Nevada Revised Statutes Chapter 159.)
Use this Nevada guardianship planning guide as a plain-language map, not as legal advice or a fill-in form. The right plan depends on your health, your family, and your assets. A Nevada attorney can build a plan around your situation, and this page is here to help you ask better questions.
One point sets the boundary for this whole site. Guardianship deals with a living person who cannot manage on their own. It is not probate. When a person dies, the guardian's authority ends, and a separate process begins in the district court. For that side, see the Nevada probate guide.
A quick word on names. Many states use a separate conservator role for money matters. Nevada does not. Nevada calls the financial role a guardian of the estate, so when you read "conservatorship," that is Nevada's guardian of the estate. And these cases are heard in the district court, with papers filed at the county clerk / Clerk of the District Court. Nevada has no separate probate court, so you will not file with one here. (Source: NRS 159.015.)
Guardian of the Person vs Guardian of the Estate
Nevada splits the job in two. A guardian of the person is responsible for an adult's personal affairs, including care, health, safety, and where the person lives. A guardian of the estate is responsible for the person's property, money, and financial affairs. The court can appoint one person to both roles under a single order, or keep them separate. The adult under guardianship is called the protected person. (Source: NRS 159.0487 and NRS 159.079.)
Here is a short way to keep them straight:
- A guardian of the person handles personal and medical decisions and the person's residence. This role does not control property unless the same person is also appointed guardian of the estate. (Source: NRS 159.079.)
- A guardian of the estate manages money and property as a fiduciary and files an inventory and accountings with the court. This is Nevada's version of a conservatorship. (Source: NRS 159.083; NRS 159.085; NRS 159.179.)
- A special guardian is tailored for a person of limited capacity, so the protected person keeps the powers they can still exercise. A person of limited capacity can even petition for one voluntarily. (Source: NRS 159.026.)
One petition can ask the court for a guardian of the person, the estate, or both. The court decides what the person actually needs.
Plan Ahead So a Court Is Not Needed
Here is the part many families wish they had handled sooner. Nevada lets a competent adult set up tools now that can keep a guardianship from ever being filed. The law itself calls these less restrictive alternatives, and a court must weigh them before it appoints anyone. (Source: NRS 159.0215.)
The three the statute names are:
- A durable power of attorney for financial matters. This lets your agent manage your money and property if you cannot, which can remove the need for a guardian of the estate. Nevada powers of attorney sit in NRS Chapter 162A. Read the Nevada power of attorney guide.
- A durable power of attorney for health care. This lets you name a health care agent and state your treatment wishes, which can remove the need for a guardian of the person for medical decisions. (Source: NRS 159.0215 and NRS Chapter 162A.)
- A supported decision-making agreement. Under Nevada's Supported Decision-Making Act, an adult with a disability can sign an agreement with one or more supporters who help gather information, weigh options, and communicate choices, without replacing the adult as the decision-maker. The agreement is signed in front of at least two adult witnesses, and its existence cannot be used as evidence that the adult lacks capacity. (Source: NRS Chapter 162C.)
Nevada also gives you a tool most states do not. You can nominate your own future guardian in advance. Under the Request to Nominate Guardian, a competent adult fills out a form the Secretary of State makes available. The request must be signed by you, signed by two impartial adult witnesses who have no interest in your estate and who attest that you have the capacity to understand the form, and notarized. When a guardian is later needed, the court checks the Nevada Lockbox, the Secretary of State's electronic registry, to see if you already designated one, and it gives appointment preference to the person you named. (Source: NRS 159.0753 and NRS 159.0613.)
A trust can do similar protective work for money. Assets held in a trust can be managed by a successor trustee if you become incapacitated, with no court file, which keeps those assets out of a guardianship of the estate. (Source: NRS Chapter 163.)
How Adult Guardianship Works in Nevada
If no advance plan is in place and an adult can no longer make or communicate decisions, someone may petition the district court to appoint a guardian. The process is built to protect the person, so it runs through several steps. (Source: NRS 159.044.)
- A petition is filed in district court. The proposed protected person, a government agency, a nonprofit corporation, or any interested person may file for appointment of a guardian of the person, the estate, or both. Venue is usually the county where the person lives. Papers go to the county clerk / Clerk of the District Court. (Source: NRS 159.044.)
- An assessment of needs and alternatives is filed. The petition must include an assessment of the person's needs, a determination of whether less restrictive alternatives would be enough, and an attestation that information about those alternatives was given to the proposed protected person. (Source: NRS 159.044 and NRS 159.0215.)
- The person gets citation, notice, and counsel. The proposed protected person is served and has the right to a lawyer. The court can appoint counsel and a guardian ad litem to protect the person's interests during the case. (Source: NRS 159.0485 and NRS 159.0487.)
- A hearing is held. The petitioner has the burden of proving, by clear and convincing evidence, that a guardian is necessary and that no less restrictive alternative is sufficient. The person can be present, present evidence, and contest the petition. (Source: NRS 159.055.)
- The court enters the least restrictive order. If the standard is met, the court appoints a guardian and gives preference to a nominated person, then to a relative, in that order, so long as the person is qualified and suitable. That person can serve even if they live outside Nevada. The court tailors the guardianship so the protected person keeps the powers they can still use. (Source: NRS 159.0613 and NRS 159.026.)
- Letters of guardianship issue. After the guardian qualifies, the clerk issues letters of guardianship. A guardian of the estate generally must post a bond as the court orders before letters issue.
Two protections deserve a closer look. The clear and convincing evidence standard is higher than the everyday civil standard, because a guardianship removes rights. And the less restrictive alternative rule means the court should not appoint a full guardian when a durable power of attorney, a supported decision-making agreement, or a limited arrangement would meet the need.
Emergency and Temporary Guardians
Some situations cannot wait for the full process. Nevada allows a temporary guardian in two emergency cases.
- Where the court finds reasonable cause to believe the person cannot respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention, the court can appoint a temporary guardian for 10 days at first. The court can extend it for good cause for not more than two successive 60-day periods, and it cannot run longer than 5 months unless extraordinary circumstances are shown. (Source: NRS 159.0523.)
- Where there is a substantial and immediate risk of financial loss, the court can appoint a temporary guardian to protect the estate on a similar short-term basis. (Source: NRS 159.0525.)
A temporary guardian's authority is limited to the emergency. If a longer-term guardian is needed, the standard district court process follows.
Naming a Guardian for a Minor Child
The rules are different for children, and they live in a separate chapter, NRS Chapter 159A. A minor is a person under 18. (Source: NRS 159A.023.)
A few points stand out for parents:
- Parents come first. A parent, if qualified and suitable, is preferred over all others for appointment as guardian of the person or estate of a minor. A finding that a parent is unsuitable must rest on clear and convincing evidence after a hearing. (Source: NRS 159A.061.)
- A teen's voice counts. The court may not appoint a guardian for a minor who is 14 years of age or older without that minor's consent. If the minor will not consent and the proposed guardian is otherwise qualified and suitable, the petitioner must show by clear and convincing evidence that the appointment is necessary and in the minor's best interest. (Source: NRS 159A.061.)
- You can name a guardian in your will. A parent may nominate a guardian for a minor child in the parent's will. The person you name has no authority until they petition and the court appoints them, but your written choice carries real weight. (Source: NRS 159A.062.)
So a will gives the district court your clear choice for your children and your reasons. That is one more reason to keep a current will. See the Nevada will requirements guide.
Ongoing Duties After Appointment
A Nevada guardianship is not a one-time event. Both roles carry continuing duties and reporting for the life of the appointment.
- A guardian of the person must provide for the care, health, and maintenance of the protected person, act in the person's best interest, respect the rights the person keeps, and file reports on the person's condition as the court requires, unless the court waives that requirement. (Source: NRS 159.079 and NRS 159.081.)
- A guardian of the estate must manage the property prudently as a fiduciary, file an inventory of the protected person's property, and file periodic accountings with the court for review and approval. (Source: NRS 159.083; NRS 159.085; NRS 159.179.)
A guardian of the estate generally must give bond before letters issue, and private professional guardians answer to extra licensing and oversight rules. The ongoing reporting is part of why a durable power of attorney and a health care power of attorney are easier when they fit. They do the same protective work without a court file, a guardian ad litem, or yearly accountings.
Planning vs Court Process
These two paths solve the same problem in very different ways.
| Advance planning | Court guardianship | |
|---|---|---|
| When you set it up | While you have capacity | After capacity is lost, by petition |
| Who acts | The agent or nominee you named | A guardian the court appoints |
| Source of authority | Your signed POA and health care directive | A district court order |
| Court involvement | None to set up | Petition, guardian ad litem, hearing |
| Ongoing reporting | None required | Person reports; estate accountings |
| Standard to start | Your own informed choice | Clear and convincing evidence of incapacity |
The takeaway: a durable power of attorney and a health care power of attorney let you pick the people and skip the courtroom. A guardianship is the backup when no plan exists.
A Simple Planning Sequence
Use this order as a checklist, then confirm the details with a Nevada attorney:
- Sign a durable power of attorney for finances and property, and name a successor agent.
- Sign a durable power of attorney for health care, naming a health care agent and stating your wishes.
- Consider a Request to Nominate Guardian so the court has your own choice of future guardian on file.
- If you have minor children, name a guardian for them in your will.
- Consider a trust if you want a successor trustee to manage assets without a court.
- Tell the people you named, give them copies, and review the plan after any major change in health, family, or assets.
For the documents that pair with this plan, keep these nearby:
- Nevada power of attorney guide for your money and property
- Nevada will requirements guide for naming a guardian for minor children
- Nevada probate guide for what happens when an estate is settled
- Nevada probate help hub for the rest of the after-death picture
This Nevada guardianship planning guide is a planning map, not legal advice. The Nevada Revised Statutes control, and guardianship law sets serious protections in motion. Confirm the current statute text and your own plan with a Nevada attorney before you rely on it.
This guide is general information about Nevada estates. It is not legal advice. Confirm anything that affects your situation with the County Clerk, the District Court, or a licensed Nevada attorney before you sign or file.
Sources
- Title: NRS Chapter 159, Guardianship of Adults. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS Chapter 159A, Guardianship of Minors. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159a.html
- Title: NRS 159.015, "Court" defined (the court with jurisdiction over guardianship of incapacitated persons). Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0215, Less restrictive alternatives to guardianship defined. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.026, Special guardian defined. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.044, Petition for appointment of guardian; assessment of needs and less restrictive alternatives. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0485, Appointment of attorney for proposed protected person. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0487, Types of guardians and guardian ad litem. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0523, Temporary guardian for risk of physical harm or need for immediate medical attention. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0525, Temporary guardian for substantial and immediate risk of financial loss. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.055, Burden of proof; order appointing guardian; notice of entry of order. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0613, Preference for appointment of nominated person and relatives. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.0753, Request to Nominate Guardian. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.079, General functions of guardian of the person. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.081, Reports by guardian of the person; waiver of requirement. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.083, General functions of guardian of the estate. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.085, Inventory, supplemental inventory and appraisal of property of protected person. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159.179, Contents of account (accountings of guardian of the estate). Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159.html
- Title: NRS 159A.023, Minor defined. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159a.html
- Title: NRS 159A.061, Presumed suitability of parent; consideration of request by minor 14 or older. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159a.html
- Title: NRS 159A.062, Guardian nominated by will. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-159a.html
- Title: NRS Chapter 162A, Powers of Attorney. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-162a.html
- Title: NRS Chapter 162C, Supported Decision-Making Act. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-162c.html
- Title: NRS Chapter 163, Trusts. Publisher: Nevada Legislature (Nevada Revised Statutes). Publication Date: Current official code, accessed 2026-06-23. URL: https://www.leg.state.nv.us/nrs/nrs-163.html



