Nevada Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Nevada court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on Nevada Revised Statutes Chapter 159 (Guardianship of Adults); Chapter 159A (Guardianship of Minors), Title 13
What guardianship and conservatorship mean here
Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Nevada guardianship is governed by Nevada Revised Statutes Chapter 159 (Guardianship of Adults); Chapter 159A (Guardianship of Minors), Title 13.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Guardian of the Person
A person appointed by the district court who is responsible for the personal affairs, care, health, safety, and residence of a protected person (an adult found by clear and convincing evidence to lack the capacity to make decisions for themselves). A guardian of the person is not responsible for the protected person's property unless also appointed guardian of the estate.
NRS 159.0487, 159.079
Guardian of the Estate
A person appointed by the district court who is responsible for managing the property, money, and financial affairs of the protected person. Nevada uses 'guardian of the estate' rather than a separate 'conservator' title; the appointment may be sought together with, or separately from, guardian of the person.
NRS 159.0487, 159.083
Guardian of the Person and Estate
A single guardian appointed over both the personal affairs and the property and financial affairs of the protected person.
NRS 159.0487, 159.077
Special Guardian
A guardian of a person of limited capacity, including a guardian appointed because a person of limited capacity has voluntarily petitioned for the appointment. A special guardianship is tailored so the protected person retains the powers they are still able to exercise.
NRS 159.026, 159.0487
Temporary Guardian (Risk of Physical Harm or Need for Immediate Medical Attention)
Appointed where the court finds reasonable cause to believe the proposed protected person is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. Serves 10 days initially; may be extended for good cause for not more than two successive 60-day periods, and may not continue longer than 5 months unless extraordinary circumstances are shown.
NRS 159.0523
Temporary Guardian (Risk of Financial Loss)
Appointed where there is a substantial and immediate risk of financial loss to the proposed protected person. Serves on a similar short-term basis (10-day initial term with limited extensions) pending appointment of a general or special guardian.
NRS 159.0525
Guardian Ad Litem
A person appointed by the court to represent and protect the interests of the proposed protected person during the proceeding; not a guardian of the person or estate.
NRS 159.0487
Testamentary / Will-Nominated Guardian of a Minor
A parent of a minor may nominate a guardian for the minor in the parent's will. The person nominated has no authority until they file a petition and are appointed by the court.
NRS 159A.062
Court-Appointed Guardian of a Minor (Person and/or Estate)
The district court may appoint a guardian of the person, of the estate, or of the person and estate of a minor (a person under 18). Parents, if qualified and suitable, are preferred over all others.
NRS 159A.0487, 159A.061
Temporary Guardian of a Minor
A temporary guardian may be appointed for a minor in need of immediate medical attention (NRS 159A.052) or who faces an immediate risk of physical, emotional, educational, or financial harm (NRS 159A.053), on a short-term basis pending a general appointment.
NRS 159A.052, 159A.053
The Nevada guardianship court process
File Petition in District Court
A proposed protected person, a governmental agency, a nonprofit corporation, or any interested person petitions the district court for appointment of a guardian of the person, of the estate, or both. Venue is the county where the proposed protected person resides if Nevada is the home state (NRS 159.044, 159.037). The petition is filed with the county clerk / Clerk of the District Court.
Assessment of Needs and Less Restrictive Alternatives
The petition must be accompanied by an assessment of the proposed protected person's needs that includes a determination of whether less restrictive alternatives to guardianship (such as a durable power of attorney or a supported decision-making agreement) are available and sufficient, plus an attestation that information about those alternatives was provided to the proposed protected person (NRS 159.044, 159.0215).
Citation, Notice, and Right to Counsel
The proposed protected person is served with a citation and notice of the hearing and has the right to be represented by an attorney; the court may appoint counsel and a guardian ad litem to protect the proposed protected person's interests (NRS 159.0487, 159.047).
Hearing on Capacity and Necessity
The court holds a hearing at which the petitioner has the burden of proving, by clear and convincing evidence, that the appointment of a guardian is necessary and that no less restrictive alternative is sufficient (NRS 159.055). The proposed protected person has the right to be present, to present evidence, and to contest the petition.
Order of Appointment; Preference and Least Restrictive Arrangement
If the standard is met, the court appoints a guardian, giving appointment preference to a person the protected person nominated (including via an NRS 159.0753 Request to Nominate Guardian) and then to relatives in the statutory order, and tailoring the guardianship (including a special guardianship) so the protected person retains the powers they can still exercise (NRS 159.0613, 159.026).
Letters of Guardianship; Bond
After qualification, the clerk issues letters of guardianship. A guardian of the estate generally must give bond as ordered by the court before letters issue.
Ongoing Reports and Accountings
A guardian of the person files reports on the protected person's condition (NRS 159.081), and a guardian of the estate files an inventory and periodic accountings with the court for review (NRS 159.176 et seq.).
How long it takes
Temporary/emergency guardian: 10 days initially, extendable for not more than two successive 60-day periods and not longer than 5 months absent extraordinary circumstances (NRS 159.0523, 159.0525). A general (permanent) adult guardianship commonly resolves within roughly one to three months of filing for an uncontested matter, with reporting and accounting obligations continuing for the life of the guardianship.
Alternatives to consider before guardianship
Durable Power of Attorney for Financial Matters
Allows a competent adult to name an agent to manage financial and property affairs. Recognized by the guardianship code as a less restrictive alternative to a guardianship of the estate. Governed by Nevada's Power of Attorney chapter.
NRS 159.0215; NRS Chapter 162A (Powers of Attorney)
Durable Power of Attorney for Health Care
Allows a competent adult to appoint an agent to make health care decisions and to state treatment wishes, avoiding the need for a guardian of the person for medical decisions. Recognized as a less restrictive alternative to guardianship.
NRS 159.0215; NRS Chapter 162A
Supported Decision-Making Agreement
Under the Nevada Supported Decision-Making Act, an adult with a disability may enter a signed agreement with one or more supporters who help the adult gather information, weigh options, and communicate decisions without replacing the adult as decision-maker. The agreement must be signed in the presence of at least two adult witnesses, and its existence may not be used as evidence of the adult's incapacity. Recognized as a less restrictive alternative to guardianship.
NRS 159.0215; NRS Chapter 162C (Supported Decision-Making Act)
Advance Request to Nominate Guardian
An adult may nominate, in advance, their own preferred future guardian on a Secretary of State form (the Request to Nominate Guardian), registrable in the Nevada Lockbox, so that if a guardianship is ever needed the court gives that nominee appointment preference.
NRS 159.0753, 159.0613
Representative Payee
Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.
42 U.S.C. 405(j)
Trust
Assets placed in a trust can be managed by a successor trustee without court involvement if the settlor becomes incapacitated, avoiding a guardianship of the estate over those assets.
NRS Chapter 163 (Trusts)
Emergency guardianship and planning ahead
Emergency guardianship: It lasts A temporary guardian appointed under NRS 159.0523 serves for 10 days initially. The court may extend the appointment for good cause for not more than two successive 60-day periods, and the temporary guardianship may not continue longer than 5 months unless extraordinary circumstances are shown. Up to two successive 60-day periods for good cause; not longer than 5 months total unless extraordinary circumstances are shown (NRS 159.0523).
Naming a guardian in advance: Nevada expressly lets a competent adult nominate, in advance, the person they want appointed as their own guardian if a guardianship later becomes necessary. Under NRS 159.0753 the adult completes a 'Request to Nominate Guardian' on a form the Secretary of State makes available, and the request may be filed in the Secretary of State's electronic 'Nevada Lockbox' registry. When a guardian is later needed, the court gives appointment preference to a 'nominated person' the protected person named in such a request (or in a will, trust, or other written instrument that is part of an established estate plan) under NRS 159.0613. The practical alternatives that can avoid guardianship altogether are a durable power of attorney for financial matters and a durable power of attorney for health care (NRS Chapter 162A) and a supported decision-making agreement (NRS Chapter 162C). A parent may also nominate a guardian for a minor child by will under NRS 159A.062.
Frequently asked questions
What is guardianship in Nevada?
What are the alternatives to guardianship in Nevada?
How long does the Nevada guardianship process take?
Do I need a lawyer to file for guardianship in Nevada?
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so Nevada courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of June 22, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Nevada can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.